24.2-707 - How ballots marked and returned by mail; cast in person; cast on voting equipment.
§ 24.2-707. How ballots marked and returned by mail; cast in person; cast onvoting equipment.
On receipt of a mailed absentee ballot, the voter shall, in the presence of awitness, (i) open the sealed envelope marked "ballot within" and (ii) markand refold the ballot, as provided in §§ 24.2-644 and 24.2-646 withoutassistance and without making known how he marked the ballot, except asprovided by § 24.2-704.
After the voter has marked his absentee ballot, he shall (a) enclose theballot in the envelope provided for that purpose, (b) seal the envelope, (c)fill in and sign the statement printed on the back of the envelope in thepresence of a witness, who shall sign the same envelope, (d) enclose theballot envelope and any required assistance form within the envelope directedto the electoral board, and (e) seal that envelope and mail it to the officeof the electoral board or deliver it personally to the electoral board or thegeneral registrar. For purposes of this chapter, "mail" shall includedelivery by a commercial delivery service, but shall not include delivery bya personal courier service or another individual except as provided by §§24.2-703.2 and 24.2-705.
An applicant who makes his application to vote in person at a time when theprinted ballots for the election are available shall follow the sameprocedure set forth above except that he may complete the procedure in personin the office of the general registrar or secretary of the electoral board,or at another location or locations in the county or city approved by theelectoral board, before a registrar or a member of the electoral board, or,if a ballot is cast at that time, before the officers of election appointedby the electoral board. Any such location shall be in a public building ownedor leased by the city, the county, or a town within the county, with adequatefacilities for the protection of all records concerning the absentee voters,the absentee ballots, both voted and unvoted, and any voting equipment in useat the location. Such location may be in a facility owned or leased by theCommonwealth and used as a location for Department of Motor Vehiclesfacilities and for an office of the general registrar. Such location shall bedeemed the equivalent of the office of the general registrar or secretary ofthe electoral board for the purpose of completing the application for anabsentee ballot in person pursuant to §§ 24.2-701 and 24.2-706. On therequest of the applicant, made no later than 5:00 p.m. on the seventh dayprior to the election in which the applicant offers to vote, the generalregistrar or the secretary may send the items set forth in subdivisions 1through 4 of § 24.2-706 to the applicant by mail, obtaining a certificate ofmailing.
Failure to follow the procedures set forth above shall render the applicant'sballot void.
The electoral board of any county or city using a central absentee votingprecinct may provide for the casting of absentee ballots on voting equipmentprior to election day by applicants who are voting in person. The State Boardshall prescribe procedures for the use of voting equipment. The proceduresshall provide for the casting of absentee ballots prior to election day byin-person applicants on voting equipment which has been certified, and iscurrently approved, by the State Board. The procedures shall be applicableand uniformly applied by the State Board to all jurisdictions usingcomparable voting equipment. At least two officers of election, onerepresenting each political party, shall be present during all hours thatabsentee voting is available at any location at which absentee ballots arecast prior to election day.
The requirement that officers of election shall be present if ballots arecast on voting equipment prior to election day shall not be applicable whenthe voting equipment is located in the office of the general registrar orsecretary of the electoral board and the general registrar, an assistantregistrar, or the secretary of the electoral board is present.
(Code 1950, §§ 24-334, 24-337; 1956, c. 525; 1970, c. 462, § 24.1-232; 1972,c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1978, c. 778; 1981, c. 425;1993, c. 641; 1996, c. 393; 1997, cc. 429, 450; 2001, cc. 617, 624; 2002, cc.785, 819; 2003, cc. 478, 1015; 2006, c. 438.)