§ 24.2-603.1. Postponement of certain elections; state of emergency.
For purposes of this section, "election" means (i) any local or statereferendum, (ii) any primary, special, or general election for local or stateoffice except a general election for Governor, Lieutenant Governor, AttorneyGeneral and the General Assembly, (iii) any primary for federal officeincluding any primary for the nomination of candidates for the office ofPresident of the United States, or (iv) any federal special election to filla vacancy in the United States Senate or the United States House ofRepresentatives. In the event of a state of emergency declared by theGovernor pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 ordeclared by the President of the United States or the governor of anotherstate pursuant to law and confirmed by the Governor by an executive order,the Governor may postpone an election by executive order in areas affected bythe emergency to a date, notwithstanding the provisions of § 24.2-682, not toexceed 14 days from the original date of the election.
If a local governing body determines that a longer postponement is required,it may petition a three-judge panel of the Virginia Supreme Court, to includethe Chief Justice as the presiding Justice, for an extension. The ChiefJustice shall choose the other two Justices by lot. The Court may postponethe election to a date it deems appropriate, notwithstanding the provisionsof § 24.2-682, not to exceed 30 days from the original date of the election.
Only those persons duly registered to vote as of the original date of theelection shall be entitled to vote in the rescheduled election.
If, as a direct result of the emergency, any ballots already cast at thepolling places or equipment on which ballots have been cast, or any votedabsentee ballots already received by the appropriate election officials orany equipment on which absentee ballots have already been cast have beendestroyed or otherwise damaged so that such ballots cannot be counted by thecounting device or counted manually, the Governor (i) shall specify that suchballots or votes previously cast by machinery or paper need to be recast onor by the rescheduled election date so that they may be counted and (ii)shall direct the appropriate election officials to immediately sendreplacement absentee ballots to all absentee voters whose voted ballots areknown to have been so destroyed or damaged. Such instructions may be issuedby executive order separately from the executive order postponing theelection. Any absentee ballots duly cast and received by the rescheduledelection date and able to be counted shall be valid and counted whendetermining the results of the rescheduled election; however, if more thanone absentee ballot is received from any voter, only the first absenteeballot received and able to be counted shall be counted. Any person who wasduly registered to vote as of the original date of the election, and who hasnot voted, or who is permitted to recast their ballot due to the emergency,may vote by absentee ballot in accordance with the provisions of Chapter 7 (§24.2-700 et seq.) of this title in the rescheduled election. Official ballotsshall not be invalidated on the basis that they contain the original electiondate.
If the postponement of the election is ordered after voting at the polls onthe original election date has already commenced, all qualified voters in aprecinct in which any voted ballots, voting equipment containing votedballots or pollbooks recording who has already voted in that precinct havebeen destroyed or damaged as a direct result of the emergency, so that thevotes cannot be counted or it cannot be determined who has already voted,shall be allowed to vote in the rescheduled election, and no votes cast atthe polls on the original election date shall be counted. If the postponementof the election is ordered after voting at the polls on the original electiondate has already commenced and no ballots cast at the polls, voting equipmentcontaining voted ballots or pollbooks recording who has already voted in thatelection in that precinct have been destroyed or damaged as a direct resultof the emergency, only qualified voters who had not yet voted shall beeligible to vote on the rescheduled election day and all votes cast on theoriginal and postponed election dates shall be counted at the close of thepolls on the rescheduled election day.
The provisions of § 24.2-663 requiring the voiding of all ballots receivedfrom any voter who votes more than once in the same election shall not applyto ballots otherwise lawfully cast or recast pursuant to this section;however, no more than one ballot may be counted from any voter in the sameelection. If one ballot has already been counted, any additional ballots fromthe same voter shall be void and shall not be counted. The provisions of §24.2-1004 or any other law prohibiting any voter from voting more than oncein the same election, or any oath attesting to the same, shall not apply toballots otherwise lawfully cast or recast pursuant to this section.
No results shall be tallied or votes counted in any postponed election beforethe closing of the polls on the rescheduled election date. Officers ofelection in unaffected areas shall count and report the results for thepostponed election after the close of the polls on the rescheduled electiondate. The counting may take place at the precinct or another locationdetermined by the local electoral board.
The State Board shall prescribe appropriate procedures to implement thissection.
§ 24.2-603.1. Postponement of certain elections; state of emergency.
For purposes of this section, "election" means (i) any local or statereferendum, (ii) any primary, special, or general election for local or stateoffice except a general election for Governor, Lieutenant Governor, AttorneyGeneral and the General Assembly, (iii) any primary for federal officeincluding any primary for the nomination of candidates for the office ofPresident of the United States, or (iv) any federal special election to filla vacancy in the United States Senate or the United States House ofRepresentatives. In the event of a state of emergency declared by theGovernor pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 ordeclared by the President of the United States or the governor of anotherstate pursuant to law and confirmed by the Governor by an executive order,the Governor may postpone an election by executive order in areas affected bythe emergency to a date, notwithstanding the provisions of § 24.2-682, not toexceed 14 days from the original date of the election.
If a local governing body determines that a longer postponement is required,it may petition a three-judge panel of the Virginia Supreme Court, to includethe Chief Justice as the presiding Justice, for an extension. The ChiefJustice shall choose the other two Justices by lot. The Court may postponethe election to a date it deems appropriate, notwithstanding the provisionsof § 24.2-682, not to exceed 30 days from the original date of the election.
Only those persons duly registered to vote as of the original date of theelection shall be entitled to vote in the rescheduled election.
If, as a direct result of the emergency, any ballots already cast at thepolling places or equipment on which ballots have been cast, or any votedabsentee ballots already received by the appropriate election officials orany equipment on which absentee ballots have already been cast have beendestroyed or otherwise damaged so that such ballots cannot be counted by thecounting device or counted manually, the Governor (i) shall specify that suchballots or votes previously cast by machinery or paper need to be recast onor by the rescheduled election date so that they may be counted and (ii)shall direct the appropriate election officials to immediately sendreplacement absentee ballots to all absentee voters whose voted ballots areknown to have been so destroyed or damaged. Such instructions may be issuedby executive order separately from the executive order postponing theelection. Any absentee ballots duly cast and received by the rescheduledelection date and able to be counted shall be valid and counted whendetermining the results of the rescheduled election; however, if more thanone absentee ballot is received from any voter, only the first absenteeballot received and able to be counted shall be counted. Any person who wasduly registered to vote as of the original date of the election, and who hasnot voted, or who is permitted to recast their ballot due to the emergency,may vote by absentee ballot in accordance with the provisions of Chapter 7 (§24.2-700 et seq.) of this title in the rescheduled election. Official ballotsshall not be invalidated on the basis that they contain the original electiondate.
If the postponement of the election is ordered after voting at the polls onthe original election date has already commenced, all qualified voters in aprecinct in which any voted ballots, voting equipment containing votedballots or pollbooks recording who has already voted in that precinct havebeen destroyed or damaged as a direct result of the emergency, so that thevotes cannot be counted or it cannot be determined who has already voted,shall be allowed to vote in the rescheduled election, and no votes cast atthe polls on the original election date shall be counted. If the postponementof the election is ordered after voting at the polls on the original electiondate has already commenced and no ballots cast at the polls, voting equipmentcontaining voted ballots or pollbooks recording who has already voted in thatelection in that precinct have been destroyed or damaged as a direct resultof the emergency, only qualified voters who had not yet voted shall beeligible to vote on the rescheduled election day and all votes cast on theoriginal and postponed election dates shall be counted at the close of thepolls on the rescheduled election day.
The provisions of § 24.2-663 requiring the voiding of all ballots receivedfrom any voter who votes more than once in the same election shall not applyto ballots otherwise lawfully cast or recast pursuant to this section;however, no more than one ballot may be counted from any voter in the sameelection. If one ballot has already been counted, any additional ballots fromthe same voter shall be void and shall not be counted. The provisions of §24.2-1004 or any other law prohibiting any voter from voting more than oncein the same election, or any oath attesting to the same, shall not apply toballots otherwise lawfully cast or recast pursuant to this section.
No results shall be tallied or votes counted in any postponed election beforethe closing of the polls on the rescheduled election date. Officers ofelection in unaffected areas shall count and report the results for thepostponed election after the close of the polls on the rescheduled electiondate. The counting may take place at the precinct or another locationdetermined by the local electoral board.
The State Board shall prescribe appropriate procedures to implement thissection.
§ 24.2-603.1. Postponement of certain elections; state of emergency.
For purposes of this section, "election" means (i) any local or statereferendum, (ii) any primary, special, or general election for local or stateoffice except a general election for Governor, Lieutenant Governor, AttorneyGeneral and the General Assembly, (iii) any primary for federal officeincluding any primary for the nomination of candidates for the office ofPresident of the United States, or (iv) any federal special election to filla vacancy in the United States Senate or the United States House ofRepresentatives. In the event of a state of emergency declared by theGovernor pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 ordeclared by the President of the United States or the governor of anotherstate pursuant to law and confirmed by the Governor by an executive order,the Governor may postpone an election by executive order in areas affected bythe emergency to a date, notwithstanding the provisions of § 24.2-682, not toexceed 14 days from the original date of the election.
If a local governing body determines that a longer postponement is required,it may petition a three-judge panel of the Virginia Supreme Court, to includethe Chief Justice as the presiding Justice, for an extension. The ChiefJustice shall choose the other two Justices by lot. The Court may postponethe election to a date it deems appropriate, notwithstanding the provisionsof § 24.2-682, not to exceed 30 days from the original date of the election.
Only those persons duly registered to vote as of the original date of theelection shall be entitled to vote in the rescheduled election.
If, as a direct result of the emergency, any ballots already cast at thepolling places or equipment on which ballots have been cast, or any votedabsentee ballots already received by the appropriate election officials orany equipment on which absentee ballots have already been cast have beendestroyed or otherwise damaged so that such ballots cannot be counted by thecounting device or counted manually, the Governor (i) shall specify that suchballots or votes previously cast by machinery or paper need to be recast onor by the rescheduled election date so that they may be counted and (ii)shall direct the appropriate election officials to immediately sendreplacement absentee ballots to all absentee voters whose voted ballots areknown to have been so destroyed or damaged. Such instructions may be issuedby executive order separately from the executive order postponing theelection. Any absentee ballots duly cast and received by the rescheduledelection date and able to be counted shall be valid and counted whendetermining the results of the rescheduled election; however, if more thanone absentee ballot is received from any voter, only the first absenteeballot received and able to be counted shall be counted. Any person who wasduly registered to vote as of the original date of the election, and who hasnot voted, or who is permitted to recast their ballot due to the emergency,may vote by absentee ballot in accordance with the provisions of Chapter 7 (§24.2-700 et seq.) of this title in the rescheduled election. Official ballotsshall not be invalidated on the basis that they contain the original electiondate.
If the postponement of the election is ordered after voting at the polls onthe original election date has already commenced, all qualified voters in aprecinct in which any voted ballots, voting equipment containing votedballots or pollbooks recording who has already voted in that precinct havebeen destroyed or damaged as a direct result of the emergency, so that thevotes cannot be counted or it cannot be determined who has already voted,shall be allowed to vote in the rescheduled election, and no votes cast atthe polls on the original election date shall be counted. If the postponementof the election is ordered after voting at the polls on the original electiondate has already commenced and no ballots cast at the polls, voting equipmentcontaining voted ballots or pollbooks recording who has already voted in thatelection in that precinct have been destroyed or damaged as a direct resultof the emergency, only qualified voters who had not yet voted shall beeligible to vote on the rescheduled election day and all votes cast on theoriginal and postponed election dates shall be counted at the close of thepolls on the rescheduled election day.
The provisions of § 24.2-663 requiring the voiding of all ballots receivedfrom any voter who votes more than once in the same election shall not applyto ballots otherwise lawfully cast or recast pursuant to this section;however, no more than one ballot may be counted from any voter in the sameelection. If one ballot has already been counted, any additional ballots fromthe same voter shall be void and shall not be counted. The provisions of §24.2-1004 or any other law prohibiting any voter from voting more than oncein the same election, or any oath attesting to the same, shall not apply toballots otherwise lawfully cast or recast pursuant to this section.
No results shall be tallied or votes counted in any postponed election beforethe closing of the polls on the rescheduled election date. Officers ofelection in unaffected areas shall count and report the results for thepostponed election after the close of the polls on the rescheduled electiondate. The counting may take place at the precinct or another locationdetermined by the local electoral board.
The State Board shall prescribe appropriate procedures to implement thissection.
