State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-7 > 24-2-701

§ 24.2-701. Application for absentee ballot.

A. The State Board shall furnish each general registrar with a sufficientnumber of applications for official absentee ballots. The registrars shallfurnish applications to persons requesting them.

The State Board shall implement a system that enables eligible persons torequest and receive an absentee ballot application electronically through theInternet. Electronic absentee ballot applications shall be in a form approvedby the State Board.

Except as provided in § 24.2-703, a separate application shall be completedfor each election in which the applicant offers to vote. An application foran absentee ballot may be accepted the later of (i) 12 months before anelection, or (ii) the day following any election held in the twelfth monthprior to the election in which the applicant is applying to vote.

Any application received before the ballots are printed shall be held andprocessed as soon as the printed ballots for the election are available.

For the purposes of this chapter, the general registrar's office shall beopen a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. onthe first and second Saturday immediately preceding all general elections,except May general elections held in towns, and on the Saturday immediatelypreceding any primary election, May general election held in a town, orspecial election.

Unless the applicant is disabled, all applications for absentee ballots shallbe signed by the applicant who shall state, subject to felony penalties formaking false statements pursuant to § 24.2-1016, that to the best of hisknowledge and belief the facts contained in the application are true andcorrect and that he has not and will not vote in the election at any otherplace in Virginia or in any other state. If the applicant is unable to signthe application, a person assisting the applicant will note this fact on theapplicant signature line and provide his signature, name, and address.

B. Applications for absentee ballots shall be completed in the followingmanner:

1. An application completed in person shall be made not less than three daysprior to the election in which the applicant offers to vote and completedonly in the office of the general registrar. The applicant shall sign theapplication in the presence of a registrar or a member of the electoralboard. The applicant shall provide one of the forms of identificationspecified in subsection B of § 24.2-643, or if he is unable to present one ofthe forms of identification listed in that section, he shall sign astatement, subject to felony penalties for making false statements pursuantto § 24.2-1016, that he is the named registered voter who he claims to be. Anapplicant who requires assistance in voting by reason of disability orinability to read or write may request assistance pursuant to § 24.2-649 andbe assisted in preparation of this statement in accordance with that section.The provisions of § 24.2-649 regarding persons who are unable to sign shallbe followed when assisting an applicant in completing this statement.

For federal elections held after January 1, 2004, this paragraph shall applyin the case of any voter who is required by subparagraph (b) of 42 U.S.C.S. §15483 of the Help America Vote Act of 2002 to show identification the firsttime that voter votes in a federal election in the state. After completing anapplication for an absentee ballot in person, such voter shall present: (i) acurrent and valid photo identification; or (ii) a copy of a current utilitybill, bank statement, government check, paycheck or other document that showsthe name and address of the voter. Such individual who desires to vote inperson but who does not show one of the forms of identification specified inthis paragraph shall be offered a provisional ballot under the provisions of§ 24.2-653. Neither the identification requirements of subsection B of §24.2-643, nor the identification requirements of subsection A of § 24.2-653,shall apply to such voter at that election. The State Board of Electionsshall provide instructions to the electoral boards for the handling andcounting of such provisional ballots pursuant to subsection B of § 24.2-653and this section.

2. Any other application may be made by mail, electronic or telephonictransmission to a facsimile device if one is available to the office of thegeneral registrar or the office of the State Board if a device is notavailable locally, or other means. The application shall be on a formfurnished by the registrar or, if made under subdivision 2 of § 24.2-700, maybe on a Federal Post Card Application prescribed pursuant to 42 U.S.C. §1973ff (b) (2). The Federal Post Card Application may be accepted the laterof (i) 12 months before an election, or (ii) the day following any electionheld in the twelfth month prior to the election in which the applicant isapplying to vote. The application shall be made to the appropriate registrarno later than 5:00 p.m. on the seventh day prior to the election in which theapplicant offers to vote.

C. Applications for absentee ballots shall contain the following information:

1. The applicant's printed name, the last four digits of the applicant'ssocial security number, and the reason the applicant will be absent or cannotvote at his polling place on the day of the election;

2. A statement that he is registered in the county or city in which he offersto vote and his residence address in such county or city. Any persontemporarily residing outside the United States shall provide the last date ofresidency at his Virginia residence address, if that residence is no longeravailable to him. Any person who makes application under subdivision 2 of §24.2-700 who is not a registered voter may file the applications to registerand for a ballot simultaneously;

3. The complete address to which the ballot is to be sent directly to theapplicant, unless the application is made in person at a time when theprinted ballots for the election are available and the applicant chooses tovote in person at the time of completing his application. The address givenshall be (i) the address of the applicant on file in the registrationrecords; (ii) the address at which he will be located while absent from hiscounty or city; or (iii) the address at which he will be located whiletemporarily confined due to a disability or illness. No ballot shall be sentto, or in care of, any other person; and

4. In the case of a person, or the spouse or dependent of a person, who is onactive service as a member of the armed forces of the United States or amember of the merchant marine of the United States, the branch of service towhich he or the spouse belongs, and his or the spouse's rank, grade, or rate,and service identification number; or

5. In the case of a student, or the spouse of a student, who is attending aschool or institution of learning, the name and address of the school orinstitution of learning; or

6. In the case of any duly registered person with a disability, as defined in§ 24.2-101, who is unable to go in person to the polls on the day of theelection because of his disability, illness, or pregnancy, the nature of thedisability, illness, or pregnancy; or

7. In the case of a person who is confined awaiting trial or for having beenconvicted of a misdemeanor, the name and address of the institution ofconfinement; or

8. In the case of a person who will be absent on election day for businessreasons, the name of his employer or business; or

9. In the case of a person who will be absent on election day for personalbusiness or vacation reasons, the name of the county or city in Virginia orthe state or country to which he is traveling; or

10. In the case of a person who is unable to go to the polls on the day ofelection because he is primarily and personally responsible for the care ofan ill or disabled family member who is confined at home, the name of thefamily member and the nature of his illness or disability; or

11. In the case of a person who is unable to go to the polls on the day ofelection because of an obligation occasioned by his religion, his religionand the nature of the obligation; or

12. In the case of a person who, in the regular and orderly course of hisbusiness, profession, or occupation, will be at his place of work andcommuting to and from his home to his place of work for 11 or more hours ofthe 13 hours that the polls are open pursuant to § 24.2-603, the name of hisbusiness or employer, address of his place of work, and hours he will be atthe workplace and commuting on election day; or

13. In the case of a law-enforcement officer, as defined in § 18.2-51.1;firefighter, as defined in § 65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in § 18.2-51.1; or emergencymedical services personnel, as defined in § 32.1-111.1, that he is a firstresponder; or

14. In the case of a person who has been designated by a political party,independent candidate, or candidate in a primary election to be arepresentative of the party or candidate inside a polling place on the day ofthe election pursuant to subsection C of § 24.2-604 and § 24.2-639, the factthat he is so designated and the name of the party chairman or candidate whodesignated him.

(Code 1950, § 24.1-228; 1970, c. 462, § 24.1-228.1; 1971, Ex. Sess., c. 119;1972, cc. 620, 621; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1977, c. 490;1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, c. 650; 1983, c. 461; 1988,c. 8; 1989, c. 320; 1992, c. 288; 1993, cc. 414, 641; 1996, c. 295; 1998, c.254; 2000, cc. 378, 863; 2001, cc. 621, 631, 793; 2002, cc. 785, 819; 2003,c. 478; 2004, c. 410; 2006, c. 438; 2007, c. 315; 2008, cc. 386, 425, 880;2009, cc. 405, 873; 2010, c. 244.)

State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-7 > 24-2-701

§ 24.2-701. Application for absentee ballot.

A. The State Board shall furnish each general registrar with a sufficientnumber of applications for official absentee ballots. The registrars shallfurnish applications to persons requesting them.

The State Board shall implement a system that enables eligible persons torequest and receive an absentee ballot application electronically through theInternet. Electronic absentee ballot applications shall be in a form approvedby the State Board.

Except as provided in § 24.2-703, a separate application shall be completedfor each election in which the applicant offers to vote. An application foran absentee ballot may be accepted the later of (i) 12 months before anelection, or (ii) the day following any election held in the twelfth monthprior to the election in which the applicant is applying to vote.

Any application received before the ballots are printed shall be held andprocessed as soon as the printed ballots for the election are available.

For the purposes of this chapter, the general registrar's office shall beopen a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. onthe first and second Saturday immediately preceding all general elections,except May general elections held in towns, and on the Saturday immediatelypreceding any primary election, May general election held in a town, orspecial election.

Unless the applicant is disabled, all applications for absentee ballots shallbe signed by the applicant who shall state, subject to felony penalties formaking false statements pursuant to § 24.2-1016, that to the best of hisknowledge and belief the facts contained in the application are true andcorrect and that he has not and will not vote in the election at any otherplace in Virginia or in any other state. If the applicant is unable to signthe application, a person assisting the applicant will note this fact on theapplicant signature line and provide his signature, name, and address.

B. Applications for absentee ballots shall be completed in the followingmanner:

1. An application completed in person shall be made not less than three daysprior to the election in which the applicant offers to vote and completedonly in the office of the general registrar. The applicant shall sign theapplication in the presence of a registrar or a member of the electoralboard. The applicant shall provide one of the forms of identificationspecified in subsection B of § 24.2-643, or if he is unable to present one ofthe forms of identification listed in that section, he shall sign astatement, subject to felony penalties for making false statements pursuantto § 24.2-1016, that he is the named registered voter who he claims to be. Anapplicant who requires assistance in voting by reason of disability orinability to read or write may request assistance pursuant to § 24.2-649 andbe assisted in preparation of this statement in accordance with that section.The provisions of § 24.2-649 regarding persons who are unable to sign shallbe followed when assisting an applicant in completing this statement.

For federal elections held after January 1, 2004, this paragraph shall applyin the case of any voter who is required by subparagraph (b) of 42 U.S.C.S. §15483 of the Help America Vote Act of 2002 to show identification the firsttime that voter votes in a federal election in the state. After completing anapplication for an absentee ballot in person, such voter shall present: (i) acurrent and valid photo identification; or (ii) a copy of a current utilitybill, bank statement, government check, paycheck or other document that showsthe name and address of the voter. Such individual who desires to vote inperson but who does not show one of the forms of identification specified inthis paragraph shall be offered a provisional ballot under the provisions of§ 24.2-653. Neither the identification requirements of subsection B of §24.2-643, nor the identification requirements of subsection A of § 24.2-653,shall apply to such voter at that election. The State Board of Electionsshall provide instructions to the electoral boards for the handling andcounting of such provisional ballots pursuant to subsection B of § 24.2-653and this section.

2. Any other application may be made by mail, electronic or telephonictransmission to a facsimile device if one is available to the office of thegeneral registrar or the office of the State Board if a device is notavailable locally, or other means. The application shall be on a formfurnished by the registrar or, if made under subdivision 2 of § 24.2-700, maybe on a Federal Post Card Application prescribed pursuant to 42 U.S.C. §1973ff (b) (2). The Federal Post Card Application may be accepted the laterof (i) 12 months before an election, or (ii) the day following any electionheld in the twelfth month prior to the election in which the applicant isapplying to vote. The application shall be made to the appropriate registrarno later than 5:00 p.m. on the seventh day prior to the election in which theapplicant offers to vote.

C. Applications for absentee ballots shall contain the following information:

1. The applicant's printed name, the last four digits of the applicant'ssocial security number, and the reason the applicant will be absent or cannotvote at his polling place on the day of the election;

2. A statement that he is registered in the county or city in which he offersto vote and his residence address in such county or city. Any persontemporarily residing outside the United States shall provide the last date ofresidency at his Virginia residence address, if that residence is no longeravailable to him. Any person who makes application under subdivision 2 of §24.2-700 who is not a registered voter may file the applications to registerand for a ballot simultaneously;

3. The complete address to which the ballot is to be sent directly to theapplicant, unless the application is made in person at a time when theprinted ballots for the election are available and the applicant chooses tovote in person at the time of completing his application. The address givenshall be (i) the address of the applicant on file in the registrationrecords; (ii) the address at which he will be located while absent from hiscounty or city; or (iii) the address at which he will be located whiletemporarily confined due to a disability or illness. No ballot shall be sentto, or in care of, any other person; and

4. In the case of a person, or the spouse or dependent of a person, who is onactive service as a member of the armed forces of the United States or amember of the merchant marine of the United States, the branch of service towhich he or the spouse belongs, and his or the spouse's rank, grade, or rate,and service identification number; or

5. In the case of a student, or the spouse of a student, who is attending aschool or institution of learning, the name and address of the school orinstitution of learning; or

6. In the case of any duly registered person with a disability, as defined in§ 24.2-101, who is unable to go in person to the polls on the day of theelection because of his disability, illness, or pregnancy, the nature of thedisability, illness, or pregnancy; or

7. In the case of a person who is confined awaiting trial or for having beenconvicted of a misdemeanor, the name and address of the institution ofconfinement; or

8. In the case of a person who will be absent on election day for businessreasons, the name of his employer or business; or

9. In the case of a person who will be absent on election day for personalbusiness or vacation reasons, the name of the county or city in Virginia orthe state or country to which he is traveling; or

10. In the case of a person who is unable to go to the polls on the day ofelection because he is primarily and personally responsible for the care ofan ill or disabled family member who is confined at home, the name of thefamily member and the nature of his illness or disability; or

11. In the case of a person who is unable to go to the polls on the day ofelection because of an obligation occasioned by his religion, his religionand the nature of the obligation; or

12. In the case of a person who, in the regular and orderly course of hisbusiness, profession, or occupation, will be at his place of work andcommuting to and from his home to his place of work for 11 or more hours ofthe 13 hours that the polls are open pursuant to § 24.2-603, the name of hisbusiness or employer, address of his place of work, and hours he will be atthe workplace and commuting on election day; or

13. In the case of a law-enforcement officer, as defined in § 18.2-51.1;firefighter, as defined in § 65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in § 18.2-51.1; or emergencymedical services personnel, as defined in § 32.1-111.1, that he is a firstresponder; or

14. In the case of a person who has been designated by a political party,independent candidate, or candidate in a primary election to be arepresentative of the party or candidate inside a polling place on the day ofthe election pursuant to subsection C of § 24.2-604 and § 24.2-639, the factthat he is so designated and the name of the party chairman or candidate whodesignated him.

(Code 1950, § 24.1-228; 1970, c. 462, § 24.1-228.1; 1971, Ex. Sess., c. 119;1972, cc. 620, 621; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1977, c. 490;1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, c. 650; 1983, c. 461; 1988,c. 8; 1989, c. 320; 1992, c. 288; 1993, cc. 414, 641; 1996, c. 295; 1998, c.254; 2000, cc. 378, 863; 2001, cc. 621, 631, 793; 2002, cc. 785, 819; 2003,c. 478; 2004, c. 410; 2006, c. 438; 2007, c. 315; 2008, cc. 386, 425, 880;2009, cc. 405, 873; 2010, c. 244.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-7 > 24-2-701

§ 24.2-701. Application for absentee ballot.

A. The State Board shall furnish each general registrar with a sufficientnumber of applications for official absentee ballots. The registrars shallfurnish applications to persons requesting them.

The State Board shall implement a system that enables eligible persons torequest and receive an absentee ballot application electronically through theInternet. Electronic absentee ballot applications shall be in a form approvedby the State Board.

Except as provided in § 24.2-703, a separate application shall be completedfor each election in which the applicant offers to vote. An application foran absentee ballot may be accepted the later of (i) 12 months before anelection, or (ii) the day following any election held in the twelfth monthprior to the election in which the applicant is applying to vote.

Any application received before the ballots are printed shall be held andprocessed as soon as the printed ballots for the election are available.

For the purposes of this chapter, the general registrar's office shall beopen a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. onthe first and second Saturday immediately preceding all general elections,except May general elections held in towns, and on the Saturday immediatelypreceding any primary election, May general election held in a town, orspecial election.

Unless the applicant is disabled, all applications for absentee ballots shallbe signed by the applicant who shall state, subject to felony penalties formaking false statements pursuant to § 24.2-1016, that to the best of hisknowledge and belief the facts contained in the application are true andcorrect and that he has not and will not vote in the election at any otherplace in Virginia or in any other state. If the applicant is unable to signthe application, a person assisting the applicant will note this fact on theapplicant signature line and provide his signature, name, and address.

B. Applications for absentee ballots shall be completed in the followingmanner:

1. An application completed in person shall be made not less than three daysprior to the election in which the applicant offers to vote and completedonly in the office of the general registrar. The applicant shall sign theapplication in the presence of a registrar or a member of the electoralboard. The applicant shall provide one of the forms of identificationspecified in subsection B of § 24.2-643, or if he is unable to present one ofthe forms of identification listed in that section, he shall sign astatement, subject to felony penalties for making false statements pursuantto § 24.2-1016, that he is the named registered voter who he claims to be. Anapplicant who requires assistance in voting by reason of disability orinability to read or write may request assistance pursuant to § 24.2-649 andbe assisted in preparation of this statement in accordance with that section.The provisions of § 24.2-649 regarding persons who are unable to sign shallbe followed when assisting an applicant in completing this statement.

For federal elections held after January 1, 2004, this paragraph shall applyin the case of any voter who is required by subparagraph (b) of 42 U.S.C.S. §15483 of the Help America Vote Act of 2002 to show identification the firsttime that voter votes in a federal election in the state. After completing anapplication for an absentee ballot in person, such voter shall present: (i) acurrent and valid photo identification; or (ii) a copy of a current utilitybill, bank statement, government check, paycheck or other document that showsthe name and address of the voter. Such individual who desires to vote inperson but who does not show one of the forms of identification specified inthis paragraph shall be offered a provisional ballot under the provisions of§ 24.2-653. Neither the identification requirements of subsection B of §24.2-643, nor the identification requirements of subsection A of § 24.2-653,shall apply to such voter at that election. The State Board of Electionsshall provide instructions to the electoral boards for the handling andcounting of such provisional ballots pursuant to subsection B of § 24.2-653and this section.

2. Any other application may be made by mail, electronic or telephonictransmission to a facsimile device if one is available to the office of thegeneral registrar or the office of the State Board if a device is notavailable locally, or other means. The application shall be on a formfurnished by the registrar or, if made under subdivision 2 of § 24.2-700, maybe on a Federal Post Card Application prescribed pursuant to 42 U.S.C. §1973ff (b) (2). The Federal Post Card Application may be accepted the laterof (i) 12 months before an election, or (ii) the day following any electionheld in the twelfth month prior to the election in which the applicant isapplying to vote. The application shall be made to the appropriate registrarno later than 5:00 p.m. on the seventh day prior to the election in which theapplicant offers to vote.

C. Applications for absentee ballots shall contain the following information:

1. The applicant's printed name, the last four digits of the applicant'ssocial security number, and the reason the applicant will be absent or cannotvote at his polling place on the day of the election;

2. A statement that he is registered in the county or city in which he offersto vote and his residence address in such county or city. Any persontemporarily residing outside the United States shall provide the last date ofresidency at his Virginia residence address, if that residence is no longeravailable to him. Any person who makes application under subdivision 2 of §24.2-700 who is not a registered voter may file the applications to registerand for a ballot simultaneously;

3. The complete address to which the ballot is to be sent directly to theapplicant, unless the application is made in person at a time when theprinted ballots for the election are available and the applicant chooses tovote in person at the time of completing his application. The address givenshall be (i) the address of the applicant on file in the registrationrecords; (ii) the address at which he will be located while absent from hiscounty or city; or (iii) the address at which he will be located whiletemporarily confined due to a disability or illness. No ballot shall be sentto, or in care of, any other person; and

4. In the case of a person, or the spouse or dependent of a person, who is onactive service as a member of the armed forces of the United States or amember of the merchant marine of the United States, the branch of service towhich he or the spouse belongs, and his or the spouse's rank, grade, or rate,and service identification number; or

5. In the case of a student, or the spouse of a student, who is attending aschool or institution of learning, the name and address of the school orinstitution of learning; or

6. In the case of any duly registered person with a disability, as defined in§ 24.2-101, who is unable to go in person to the polls on the day of theelection because of his disability, illness, or pregnancy, the nature of thedisability, illness, or pregnancy; or

7. In the case of a person who is confined awaiting trial or for having beenconvicted of a misdemeanor, the name and address of the institution ofconfinement; or

8. In the case of a person who will be absent on election day for businessreasons, the name of his employer or business; or

9. In the case of a person who will be absent on election day for personalbusiness or vacation reasons, the name of the county or city in Virginia orthe state or country to which he is traveling; or

10. In the case of a person who is unable to go to the polls on the day ofelection because he is primarily and personally responsible for the care ofan ill or disabled family member who is confined at home, the name of thefamily member and the nature of his illness or disability; or

11. In the case of a person who is unable to go to the polls on the day ofelection because of an obligation occasioned by his religion, his religionand the nature of the obligation; or

12. In the case of a person who, in the regular and orderly course of hisbusiness, profession, or occupation, will be at his place of work andcommuting to and from his home to his place of work for 11 or more hours ofthe 13 hours that the polls are open pursuant to § 24.2-603, the name of hisbusiness or employer, address of his place of work, and hours he will be atthe workplace and commuting on election day; or

13. In the case of a law-enforcement officer, as defined in § 18.2-51.1;firefighter, as defined in § 65.2-102; volunteer firefighter, as defined in §27-42; search and rescue personnel, as defined in § 18.2-51.1; or emergencymedical services personnel, as defined in § 32.1-111.1, that he is a firstresponder; or

14. In the case of a person who has been designated by a political party,independent candidate, or candidate in a primary election to be arepresentative of the party or candidate inside a polling place on the day ofthe election pursuant to subsection C of § 24.2-604 and § 24.2-639, the factthat he is so designated and the name of the party chairman or candidate whodesignated him.

(Code 1950, § 24.1-228; 1970, c. 462, § 24.1-228.1; 1971, Ex. Sess., c. 119;1972, cc. 620, 621; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1977, c. 490;1978, c. 778; 1980, c. 639; 1981, c. 425; 1982, c. 650; 1983, c. 461; 1988,c. 8; 1989, c. 320; 1992, c. 288; 1993, cc. 414, 641; 1996, c. 295; 1998, c.254; 2000, cc. 378, 863; 2001, cc. 621, 631, 793; 2002, cc. 785, 819; 2003,c. 478; 2004, c. 410; 2006, c. 438; 2007, c. 315; 2008, cc. 386, 425, 880;2009, cc. 405, 873; 2010, c. 244.)