A. Any voter age 65 or older or physically disabled may request and thenshall be handed a paper ballot or a mark sense ballot by an officer ofelection outside the polling place but within 150 feet of the entrance to thepolling place. The voter shall mark the paper ballot in the officer'spresence but in a secret manner and fold and return the ballot to theofficer. The officer shall immediately return to the polling place anddeposit the ballot in the ballot container in accordance with § 24.2-646. Thevoter shall mark the mark sense ballot in the officer's presence but in asecret manner and cover and return the ballot to the officer who shallimmediately return to the polling place and deposit the ballot in the ballotcounter in accordance with the instructions of the State Board.
Any county or city that has acquired an electronic voting device that is soconstructed as to be easily portable may use the voting device in lieu of apaper or mark sense ballot for the voter requiring assistance pursuant tothis subsection. However, the electronic voting device may be used in lieu ofa paper ballot only so long as: (i) the voting device remains in the plainview of two officers of election representing two political parties or, in aprimary election, two officers of election representing the party conductingthe primary, provided that if the use of two officers for this purpose wouldresult in too few officers remaining in the polling place to meet legalrequirements, the equipment shall remain in plain view of one officer whoshall be either the chief officer or the assistant chief officer; and (ii)the voter casts his ballot in a secret manner unless the voter requestsassistance pursuant to this section. After the voter has completed voting hisballot, the officer or officers shall immediately return the voting device toits assigned location inside the polling place. The machine number, the timethat the machine was removed and the time that it was returned, the number onthe machine's public counter before the machine was removed and the number onthe same counter when it was returned, and the name or names of the officeror officers who accompanied the machine shall be recorded on the statement ofresults.
B. Any qualified voter, who requires assistance to vote by reason of physicaldisability or inability to read or write, may, if he so requests, be assistedin voting. If he is blind, he may designate an officer of election or anyother person to assist him. If he is unable to read and write or disabled forany cause other than blindness, he may designate an officer of election orsome other person to assist him other than the voter's employer or agent ofthat employer, or officer or agent of the voter's union.
The officer of election or other person so designated shall not enter thebooth with the voter unless (i) the voter signs a request stating that herequires assistance by reason of physical disability or inability to read orwrite and (ii) the officer of election or other person signs a statement thathe is not the voter's employer or an agent of that employer, or an officer oragent of the voter's union, and that he will act in accordance with therequirements of this section. The request and statement shall be on a singleform furnished by the State Board. If the voter is unable to sign therequest, his own mark acknowledged by him before an officer of election shallbe sufficient signature, provided no mark shall be required of a voter who isblind. An officer of election shall advise the voter and person assisting thevoter of the requirements of this section and record the name of the voterand the name and address of the person assisting him.
The officer of election or other person so designated shall assist thequalified voter in the preparation of his ballot in accordance with hisinstructions and without soliciting his vote or in any manner attempting toinfluence his vote and shall not in any manner divulge or indicate, by signsor otherwise, how the voter voted on any office or question. If a paperballot or a mark sense ballot is used, the officer or other person sodesignated shall deposit the ballot in the ballot container in accordancewith § 24.2-646.
C. If the voter requires assistance in a language other than English and hasnot designated a person to assist him, an officer of election, before heassists as interpreter, shall inquire of the representatives authorized to bepresent pursuant to § 24.2-604 whether they have a volunteer available whocan interpret for the voter. One representative interpreter for each party orcandidate, insofar as available, shall be permitted to observe the officer ofelection communicate with the voter. The voter may designate one of thevolunteer party or candidate interpreters to provide assistance. A person sodesignated by the voter shall meet all the requirements of this section for aperson providing assistance.
D. A person who willfully violates subsection B or C shall be guilty of aClass 1 misdemeanor. In addition, the provisions of § 24.2-1016 and itsfelony penalties for false statements shall be applicable to any request orstatement signed pursuant to this section, and the provisions of §§ 24.2-704and 24.2-1012 and the felony penalties for violations of the law related toproviding assistance to absentee voters shall be applicable in such cases.
In any precinct in which an electronic voting device is available thatprovides an audio ballot, the officers of election shall notify a voterrequiring assistance pursuant to this subsection that such equipment isavailable for him to use to vote in privacy without assistance and theofficers of election shall instruct the voter on the use of the votingequipment. Nothing in this subsection shall be construed to require a voterto use the equipment unassisted.
(Code 1950, §§ 24-245, 24-251, 24-252, 24-310; 1950, c. 230; 1952, c. 581;1962, c. 536; 1964, c. 593; 1969, Ex. Sess., c. 5; 1970, c. 462, §§ 24.1-129,24.1-132, 24.1-220; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1984, cc. 234,775; 1985, cc. 197, 458; 1986, c. 558; 1987, c. 349; 1988, c. 598; 1993, c.641; 2003, c. 1015; 2004, cc. 993, 1010; 2005, c. 569; 2006, c. 242; 2009, c.809.)
A. Any voter age 65 or older or physically disabled may request and thenshall be handed a paper ballot or a mark sense ballot by an officer ofelection outside the polling place but within 150 feet of the entrance to thepolling place. The voter shall mark the paper ballot in the officer'spresence but in a secret manner and fold and return the ballot to theofficer. The officer shall immediately return to the polling place anddeposit the ballot in the ballot container in accordance with § 24.2-646. Thevoter shall mark the mark sense ballot in the officer's presence but in asecret manner and cover and return the ballot to the officer who shallimmediately return to the polling place and deposit the ballot in the ballotcounter in accordance with the instructions of the State Board.
Any county or city that has acquired an electronic voting device that is soconstructed as to be easily portable may use the voting device in lieu of apaper or mark sense ballot for the voter requiring assistance pursuant tothis subsection. However, the electronic voting device may be used in lieu ofa paper ballot only so long as: (i) the voting device remains in the plainview of two officers of election representing two political parties or, in aprimary election, two officers of election representing the party conductingthe primary, provided that if the use of two officers for this purpose wouldresult in too few officers remaining in the polling place to meet legalrequirements, the equipment shall remain in plain view of one officer whoshall be either the chief officer or the assistant chief officer; and (ii)the voter casts his ballot in a secret manner unless the voter requestsassistance pursuant to this section. After the voter has completed voting hisballot, the officer or officers shall immediately return the voting device toits assigned location inside the polling place. The machine number, the timethat the machine was removed and the time that it was returned, the number onthe machine's public counter before the machine was removed and the number onthe same counter when it was returned, and the name or names of the officeror officers who accompanied the machine shall be recorded on the statement ofresults.
B. Any qualified voter, who requires assistance to vote by reason of physicaldisability or inability to read or write, may, if he so requests, be assistedin voting. If he is blind, he may designate an officer of election or anyother person to assist him. If he is unable to read and write or disabled forany cause other than blindness, he may designate an officer of election orsome other person to assist him other than the voter's employer or agent ofthat employer, or officer or agent of the voter's union.
The officer of election or other person so designated shall not enter thebooth with the voter unless (i) the voter signs a request stating that herequires assistance by reason of physical disability or inability to read orwrite and (ii) the officer of election or other person signs a statement thathe is not the voter's employer or an agent of that employer, or an officer oragent of the voter's union, and that he will act in accordance with therequirements of this section. The request and statement shall be on a singleform furnished by the State Board. If the voter is unable to sign therequest, his own mark acknowledged by him before an officer of election shallbe sufficient signature, provided no mark shall be required of a voter who isblind. An officer of election shall advise the voter and person assisting thevoter of the requirements of this section and record the name of the voterand the name and address of the person assisting him.
The officer of election or other person so designated shall assist thequalified voter in the preparation of his ballot in accordance with hisinstructions and without soliciting his vote or in any manner attempting toinfluence his vote and shall not in any manner divulge or indicate, by signsor otherwise, how the voter voted on any office or question. If a paperballot or a mark sense ballot is used, the officer or other person sodesignated shall deposit the ballot in the ballot container in accordancewith § 24.2-646.
C. If the voter requires assistance in a language other than English and hasnot designated a person to assist him, an officer of election, before heassists as interpreter, shall inquire of the representatives authorized to bepresent pursuant to § 24.2-604 whether they have a volunteer available whocan interpret for the voter. One representative interpreter for each party orcandidate, insofar as available, shall be permitted to observe the officer ofelection communicate with the voter. The voter may designate one of thevolunteer party or candidate interpreters to provide assistance. A person sodesignated by the voter shall meet all the requirements of this section for aperson providing assistance.
D. A person who willfully violates subsection B or C shall be guilty of aClass 1 misdemeanor. In addition, the provisions of § 24.2-1016 and itsfelony penalties for false statements shall be applicable to any request orstatement signed pursuant to this section, and the provisions of §§ 24.2-704and 24.2-1012 and the felony penalties for violations of the law related toproviding assistance to absentee voters shall be applicable in such cases.
In any precinct in which an electronic voting device is available thatprovides an audio ballot, the officers of election shall notify a voterrequiring assistance pursuant to this subsection that such equipment isavailable for him to use to vote in privacy without assistance and theofficers of election shall instruct the voter on the use of the votingequipment. Nothing in this subsection shall be construed to require a voterto use the equipment unassisted.
(Code 1950, §§ 24-245, 24-251, 24-252, 24-310; 1950, c. 230; 1952, c. 581;1962, c. 536; 1964, c. 593; 1969, Ex. Sess., c. 5; 1970, c. 462, §§ 24.1-129,24.1-132, 24.1-220; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1984, cc. 234,775; 1985, cc. 197, 458; 1986, c. 558; 1987, c. 349; 1988, c. 598; 1993, c.641; 2003, c. 1015; 2004, cc. 993, 1010; 2005, c. 569; 2006, c. 242; 2009, c.809.)
A. Any voter age 65 or older or physically disabled may request and thenshall be handed a paper ballot or a mark sense ballot by an officer ofelection outside the polling place but within 150 feet of the entrance to thepolling place. The voter shall mark the paper ballot in the officer'spresence but in a secret manner and fold and return the ballot to theofficer. The officer shall immediately return to the polling place anddeposit the ballot in the ballot container in accordance with § 24.2-646. Thevoter shall mark the mark sense ballot in the officer's presence but in asecret manner and cover and return the ballot to the officer who shallimmediately return to the polling place and deposit the ballot in the ballotcounter in accordance with the instructions of the State Board.
Any county or city that has acquired an electronic voting device that is soconstructed as to be easily portable may use the voting device in lieu of apaper or mark sense ballot for the voter requiring assistance pursuant tothis subsection. However, the electronic voting device may be used in lieu ofa paper ballot only so long as: (i) the voting device remains in the plainview of two officers of election representing two political parties or, in aprimary election, two officers of election representing the party conductingthe primary, provided that if the use of two officers for this purpose wouldresult in too few officers remaining in the polling place to meet legalrequirements, the equipment shall remain in plain view of one officer whoshall be either the chief officer or the assistant chief officer; and (ii)the voter casts his ballot in a secret manner unless the voter requestsassistance pursuant to this section. After the voter has completed voting hisballot, the officer or officers shall immediately return the voting device toits assigned location inside the polling place. The machine number, the timethat the machine was removed and the time that it was returned, the number onthe machine's public counter before the machine was removed and the number onthe same counter when it was returned, and the name or names of the officeror officers who accompanied the machine shall be recorded on the statement ofresults.
B. Any qualified voter, who requires assistance to vote by reason of physicaldisability or inability to read or write, may, if he so requests, be assistedin voting. If he is blind, he may designate an officer of election or anyother person to assist him. If he is unable to read and write or disabled forany cause other than blindness, he may designate an officer of election orsome other person to assist him other than the voter's employer or agent ofthat employer, or officer or agent of the voter's union.
The officer of election or other person so designated shall not enter thebooth with the voter unless (i) the voter signs a request stating that herequires assistance by reason of physical disability or inability to read orwrite and (ii) the officer of election or other person signs a statement thathe is not the voter's employer or an agent of that employer, or an officer oragent of the voter's union, and that he will act in accordance with therequirements of this section. The request and statement shall be on a singleform furnished by the State Board. If the voter is unable to sign therequest, his own mark acknowledged by him before an officer of election shallbe sufficient signature, provided no mark shall be required of a voter who isblind. An officer of election shall advise the voter and person assisting thevoter of the requirements of this section and record the name of the voterand the name and address of the person assisting him.
The officer of election or other person so designated shall assist thequalified voter in the preparation of his ballot in accordance with hisinstructions and without soliciting his vote or in any manner attempting toinfluence his vote and shall not in any manner divulge or indicate, by signsor otherwise, how the voter voted on any office or question. If a paperballot or a mark sense ballot is used, the officer or other person sodesignated shall deposit the ballot in the ballot container in accordancewith § 24.2-646.
C. If the voter requires assistance in a language other than English and hasnot designated a person to assist him, an officer of election, before heassists as interpreter, shall inquire of the representatives authorized to bepresent pursuant to § 24.2-604 whether they have a volunteer available whocan interpret for the voter. One representative interpreter for each party orcandidate, insofar as available, shall be permitted to observe the officer ofelection communicate with the voter. The voter may designate one of thevolunteer party or candidate interpreters to provide assistance. A person sodesignated by the voter shall meet all the requirements of this section for aperson providing assistance.
D. A person who willfully violates subsection B or C shall be guilty of aClass 1 misdemeanor. In addition, the provisions of § 24.2-1016 and itsfelony penalties for false statements shall be applicable to any request orstatement signed pursuant to this section, and the provisions of §§ 24.2-704and 24.2-1012 and the felony penalties for violations of the law related toproviding assistance to absentee voters shall be applicable in such cases.
In any precinct in which an electronic voting device is available thatprovides an audio ballot, the officers of election shall notify a voterrequiring assistance pursuant to this subsection that such equipment isavailable for him to use to vote in privacy without assistance and theofficers of election shall instruct the voter on the use of the votingequipment. Nothing in this subsection shall be construed to require a voterto use the equipment unassisted.
(Code 1950, §§ 24-245, 24-251, 24-252, 24-310; 1950, c. 230; 1952, c. 581;1962, c. 536; 1964, c. 593; 1969, Ex. Sess., c. 5; 1970, c. 462, §§ 24.1-129,24.1-132, 24.1-220; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1984, cc. 234,775; 1985, cc. 197, 458; 1986, c. 558; 1987, c. 349; 1988, c. 598; 1993, c.641; 2003, c. 1015; 2004, cc. 993, 1010; 2005, c. 569; 2006, c. 242; 2009, c.809.)
