24.2-651 - Voter who is challenged; how challenge tried.
§ 24.2-651. Voter who is challenged; how challenge tried.
Any qualified voter may, and the officers of election shall, challenge thevote of any person who is listed on the pollbook but is known or suspectednot to be a qualified voter.
The individual making the challenge shall complete and sign the followingstatement on a form provided by the State Board:
"I do hereby state, subject to penalties for hindering, intimidating, or
interfering with a qualified voter pursuant to § 24.2-607, that I am a
qualified voter of this Commonwealth or an officer of election and that, to
the best of my knowledge, information, and belief, _____________ is not a
qualified voter of this precinct by reason of (please check each of the
following reasons that is applicable):
1. The named person is not a citizen of the United States;
2. The named person is not now 18 years of age or, in the case of a primary
election or a special election held on a date other that a general election
date, will not reach the age of 18 before the next general election;
3. The named person is not a resident of the Commonwealth (or, if he has not
been a resident of the Commonwealth within the preceding 30 days, he is
attempting to vote for an office or issue other than electors of President and
Vice President of the United States);
4. The named person is not a resident of this precinct (or he has not been a
resident of this precinct since the second preceding general federal election
and has not continued to be a resident of this county or city and this
congressional district);
5. The named person is not a resident of the town in the case of a town
election;
6. The named person has been disqualified from voting by the Constitution and
laws of the Commonwealth and this disqualification has not been removed by
proper authority;
7. The named person is not the identical person he represents himself to be;
or
8. The named person has voted in this election at this or another voting place
(state when and where the named person previously voted in this election:
__________________)."
Upon receipt of a signed challenge from a qualified voter or officer of
election, an officer of election shall explain to the challenged voter the
qualifications of a voter and may examine him concerning his qualifications.
The officers of election are hereby authorized to administer the necessary
oath or affirmation to any witness brought before them to testify as to the
qualifications of any person offering to vote.
If the person being challenged insists that he is qualified and the challenge
is not withdrawn, one of the officers shall give him a form containing the
following statement:
"I do hereby state, subject to felony penalties for making false statements
pursuant to § 24.2-1016, that I am a citizen of the United States, that I am
at least 18 years of age (or will be on the _ day of __________, ____) that I
am a resident of the Commonwealth of Virginia (or that I have been a resident
of this Commonwealth within the preceding 30 days and am voting only for
electors of President and Vice President of the United States), and that,
according to the best of my knowledge, information and belief, I am not
disqualified from voting by the Constitution and laws of this Commonwealth;
that my full name is _____________; that in such name I was duly registered as
a voter of this precinct; that I am now or at some time since the last
November general election have been an actual resident of this precinct or
that I have been an actual resident of this precinct at some time since the
second preceding general federal election and have been and continue to be a
resident of this county or city and this congressional district; if I am
voting in a town election today, that I am currently a resident of that town;
that I am the identical person I represent myself to be; and that I have not
voted in this election at this or any voting place and will not vote in this
election at any other voting place."
If the person challenged refuses to sign the statement, he shall not bepermitted to vote. If, however, he signs the statement, he shall be permittedto vote on the voting system in use at the precinct.
When the voter has signed the statement and is permitted to vote, theofficers of election shall mark his name on the pollbook with the first ornext consecutive number from the voter count form, or shall enter that thevoter has voted if the pollbook is in electronic form, and shall indicate onthe pollbook that he has signed the required statement in accordance with theinstructions of the State Board.
If the envelope containing a voted absentee ballot has been properly signedby the voter, such ballot shall not be subject to challenge pursuant to thissection.
(Code 1950, §§ 24-253, 24-254, 24-325; 1970, c. 462, § 24.1-133; 1971, Ex.Sess., c. 265; 1972, c. 620; 1977, c. 490; 1978, c. 778; 1980, c. 639; 1981,c. 425; 1983, c. 461; 1993, c. 641; 1997, c. 346; 2003, c. 1015; 2007, c.375.)