§ 24.2-705. Emergency applications and absentee ballots for personsincapacitated or hospitalized.
Any person registered and otherwise qualified to vote who becomesincapacitated on or after the seventh day preceding an election may requestat any time prior to 2:00 p.m. on the day preceding the election that anemergency absentee ballot application be delivered to him. A voter whobecomes hospitalized on or after the fourteenth day preceding the electionand who is unable, because of his condition, to request an absentee ballotearlier than the seventh day preceding the election may request at any timeprior to 2:00 p.m. on the day before an election that an emergency absenteeballot be delivered to him in the hospital. For purposes of this section,"incapacitated" means hospitalized, ill and confined to his residence,bereaved by the death of a spouse, child, or parent, or otherwiseincapacitated by an emergency which is found by the electoral board tojustify providing an emergency ballot application; and "hospital" means ahospital as defined in § 32.1-123 or 37.2-100 and any comparable hospital inthe District of Columbia or any state contiguous to Virginia.
On receipt of the request, the electoral board shall provide an emergencyabsentee ballot application to the incapacitated voter's designatedrepresentative who shall deliver the application to the voter. If the voteris hospitalized, the delivery shall be made to him at the hospital; and ifthe voter is otherwise incapacitated, the delivery shall be made to him athis current residence address as shown on the registration records. Therepresentative shall be age eighteen or older and shall not be an electedofficial, a candidate for elected office, or the deputy, spouse, parent, orchild of an elected official or candidate.
The application shall be on a form prescribed by the State Board and shallrequire the applicant (i) to state the cause of his incapacity, (ii) to statethat he is unable to be present at the polls on election day, and that he waseither incapacitated on or after the seventh day preceding the election orhospitalized on or after the fourteenth day preceding the election and unableto request the application earlier than the seventh day preceding theelection, (iii) to designate a representative to receive, deliver and returnthe ballot, and (iv) to provide other information required by law for anabsentee ballot application.
If the voter is hospitalized, a hospital administrative official, a licensedphysician attending the applicant, or provider as defined in § 37.2-403,shall certify on the form to the hospitalization of the applicant and theapplicant's inability to be present at the polls on election day. If thevoter is ill and confined to his residence, a licensed physician, provider asdefined in § 37.2-403, or an accredited religious practitioner attending theapplicant shall certify on the form to the incapacity of the applicant andthe applicant's inability to be present at the polls on election day. If thevoter is bereaved, a licensed physician, an accredited religiouspractitioner, or a funeral service licensee (as defined in § 54.1-2800) shallcertify on the form to the incapacity of the applicant and the applicant'sinability to be present at the polls on election day. If the voter isotherwise incapacitated as determined by the electoral board, the secretaryof the electoral board shall certify on the form to the incapacity of theapplicant and the applicant's inability to be present at the polls onelection day. The applicant shall sign the application and state, subject tofelony penalties for making false statements pursuant to § 24.2-1016, that tothe best of his knowledge and belief the facts contained in the applicationare true and correct. His signature shall be witnessed by the designatedrepresentative who shall sign and return the completed application to theoffice of the general registrar no later than 5:00 p.m. on the day precedingthe election. For the purposes of this section, "accredited religiouspractitioner" means a person who has been trained in spiritual healing orthe other healing arts and has been so accredited by a formal religious order.
On receipt of the completed application and a determination of thequalification of the applicant to vote, the general registrar or secretary ofthe electoral board shall provide, in accordance with the applicableprovisions of this chapter, an absentee ballot to the designatedrepresentative for delivery to the incapacitated voter.
The incapacitated voter shall vote the absentee ballot as provided by law andmark it in the presence of the designated representative. The representativeshall complete a statement, subject to felony penalties for making falsestatements pursuant to § 24.2-1016, that (i) he is the representative of theincapacitated voter; (ii) he personally delivered the ballot to the voter whoapplied for it; (iii) in his presence, the voter marked the ballot, theballot was placed in the envelope provided, the envelope was sealed, and thestatement on its reverse side was signed by the incapacitated voter; and (iv)the ballot was returned, under seal, to the electoral board at theregistrar's office.
The ballot shall be counted only if the ballot is received by the electoralboard prior to the close of polls, and the electoral board shall deliver theballot to the officers of election at each appropriate precinct pursuant to §24.2-710.
(1989, c. 192, § 24.1-229.1; 1990, c. 200; 1993, cc. 420, 641; 1996, c. 224;1997, cc. 523, 539; 1999, c. 590; 2001, c. 622; 2006, c. 297; 2008, c. 880.)
§ 24.2-705. Emergency applications and absentee ballots for personsincapacitated or hospitalized.
Any person registered and otherwise qualified to vote who becomesincapacitated on or after the seventh day preceding an election may requestat any time prior to 2:00 p.m. on the day preceding the election that anemergency absentee ballot application be delivered to him. A voter whobecomes hospitalized on or after the fourteenth day preceding the electionand who is unable, because of his condition, to request an absentee ballotearlier than the seventh day preceding the election may request at any timeprior to 2:00 p.m. on the day before an election that an emergency absenteeballot be delivered to him in the hospital. For purposes of this section,"incapacitated" means hospitalized, ill and confined to his residence,bereaved by the death of a spouse, child, or parent, or otherwiseincapacitated by an emergency which is found by the electoral board tojustify providing an emergency ballot application; and "hospital" means ahospital as defined in § 32.1-123 or 37.2-100 and any comparable hospital inthe District of Columbia or any state contiguous to Virginia.
On receipt of the request, the electoral board shall provide an emergencyabsentee ballot application to the incapacitated voter's designatedrepresentative who shall deliver the application to the voter. If the voteris hospitalized, the delivery shall be made to him at the hospital; and ifthe voter is otherwise incapacitated, the delivery shall be made to him athis current residence address as shown on the registration records. Therepresentative shall be age eighteen or older and shall not be an electedofficial, a candidate for elected office, or the deputy, spouse, parent, orchild of an elected official or candidate.
The application shall be on a form prescribed by the State Board and shallrequire the applicant (i) to state the cause of his incapacity, (ii) to statethat he is unable to be present at the polls on election day, and that he waseither incapacitated on or after the seventh day preceding the election orhospitalized on or after the fourteenth day preceding the election and unableto request the application earlier than the seventh day preceding theelection, (iii) to designate a representative to receive, deliver and returnthe ballot, and (iv) to provide other information required by law for anabsentee ballot application.
If the voter is hospitalized, a hospital administrative official, a licensedphysician attending the applicant, or provider as defined in § 37.2-403,shall certify on the form to the hospitalization of the applicant and theapplicant's inability to be present at the polls on election day. If thevoter is ill and confined to his residence, a licensed physician, provider asdefined in § 37.2-403, or an accredited religious practitioner attending theapplicant shall certify on the form to the incapacity of the applicant andthe applicant's inability to be present at the polls on election day. If thevoter is bereaved, a licensed physician, an accredited religiouspractitioner, or a funeral service licensee (as defined in § 54.1-2800) shallcertify on the form to the incapacity of the applicant and the applicant'sinability to be present at the polls on election day. If the voter isotherwise incapacitated as determined by the electoral board, the secretaryof the electoral board shall certify on the form to the incapacity of theapplicant and the applicant's inability to be present at the polls onelection day. The applicant shall sign the application and state, subject tofelony penalties for making false statements pursuant to § 24.2-1016, that tothe best of his knowledge and belief the facts contained in the applicationare true and correct. His signature shall be witnessed by the designatedrepresentative who shall sign and return the completed application to theoffice of the general registrar no later than 5:00 p.m. on the day precedingthe election. For the purposes of this section, "accredited religiouspractitioner" means a person who has been trained in spiritual healing orthe other healing arts and has been so accredited by a formal religious order.
On receipt of the completed application and a determination of thequalification of the applicant to vote, the general registrar or secretary ofthe electoral board shall provide, in accordance with the applicableprovisions of this chapter, an absentee ballot to the designatedrepresentative for delivery to the incapacitated voter.
The incapacitated voter shall vote the absentee ballot as provided by law andmark it in the presence of the designated representative. The representativeshall complete a statement, subject to felony penalties for making falsestatements pursuant to § 24.2-1016, that (i) he is the representative of theincapacitated voter; (ii) he personally delivered the ballot to the voter whoapplied for it; (iii) in his presence, the voter marked the ballot, theballot was placed in the envelope provided, the envelope was sealed, and thestatement on its reverse side was signed by the incapacitated voter; and (iv)the ballot was returned, under seal, to the electoral board at theregistrar's office.
The ballot shall be counted only if the ballot is received by the electoralboard prior to the close of polls, and the electoral board shall deliver theballot to the officers of election at each appropriate precinct pursuant to §24.2-710.
(1989, c. 192, § 24.1-229.1; 1990, c. 200; 1993, cc. 420, 641; 1996, c. 224;1997, cc. 523, 539; 1999, c. 590; 2001, c. 622; 2006, c. 297; 2008, c. 880.)
§ 24.2-705. Emergency applications and absentee ballots for personsincapacitated or hospitalized.
Any person registered and otherwise qualified to vote who becomesincapacitated on or after the seventh day preceding an election may requestat any time prior to 2:00 p.m. on the day preceding the election that anemergency absentee ballot application be delivered to him. A voter whobecomes hospitalized on or after the fourteenth day preceding the electionand who is unable, because of his condition, to request an absentee ballotearlier than the seventh day preceding the election may request at any timeprior to 2:00 p.m. on the day before an election that an emergency absenteeballot be delivered to him in the hospital. For purposes of this section,"incapacitated" means hospitalized, ill and confined to his residence,bereaved by the death of a spouse, child, or parent, or otherwiseincapacitated by an emergency which is found by the electoral board tojustify providing an emergency ballot application; and "hospital" means ahospital as defined in § 32.1-123 or 37.2-100 and any comparable hospital inthe District of Columbia or any state contiguous to Virginia.
On receipt of the request, the electoral board shall provide an emergencyabsentee ballot application to the incapacitated voter's designatedrepresentative who shall deliver the application to the voter. If the voteris hospitalized, the delivery shall be made to him at the hospital; and ifthe voter is otherwise incapacitated, the delivery shall be made to him athis current residence address as shown on the registration records. Therepresentative shall be age eighteen or older and shall not be an electedofficial, a candidate for elected office, or the deputy, spouse, parent, orchild of an elected official or candidate.
The application shall be on a form prescribed by the State Board and shallrequire the applicant (i) to state the cause of his incapacity, (ii) to statethat he is unable to be present at the polls on election day, and that he waseither incapacitated on or after the seventh day preceding the election orhospitalized on or after the fourteenth day preceding the election and unableto request the application earlier than the seventh day preceding theelection, (iii) to designate a representative to receive, deliver and returnthe ballot, and (iv) to provide other information required by law for anabsentee ballot application.
If the voter is hospitalized, a hospital administrative official, a licensedphysician attending the applicant, or provider as defined in § 37.2-403,shall certify on the form to the hospitalization of the applicant and theapplicant's inability to be present at the polls on election day. If thevoter is ill and confined to his residence, a licensed physician, provider asdefined in § 37.2-403, or an accredited religious practitioner attending theapplicant shall certify on the form to the incapacity of the applicant andthe applicant's inability to be present at the polls on election day. If thevoter is bereaved, a licensed physician, an accredited religiouspractitioner, or a funeral service licensee (as defined in § 54.1-2800) shallcertify on the form to the incapacity of the applicant and the applicant'sinability to be present at the polls on election day. If the voter isotherwise incapacitated as determined by the electoral board, the secretaryof the electoral board shall certify on the form to the incapacity of theapplicant and the applicant's inability to be present at the polls onelection day. The applicant shall sign the application and state, subject tofelony penalties for making false statements pursuant to § 24.2-1016, that tothe best of his knowledge and belief the facts contained in the applicationare true and correct. His signature shall be witnessed by the designatedrepresentative who shall sign and return the completed application to theoffice of the general registrar no later than 5:00 p.m. on the day precedingthe election. For the purposes of this section, "accredited religiouspractitioner" means a person who has been trained in spiritual healing orthe other healing arts and has been so accredited by a formal religious order.
On receipt of the completed application and a determination of thequalification of the applicant to vote, the general registrar or secretary ofthe electoral board shall provide, in accordance with the applicableprovisions of this chapter, an absentee ballot to the designatedrepresentative for delivery to the incapacitated voter.
The incapacitated voter shall vote the absentee ballot as provided by law andmark it in the presence of the designated representative. The representativeshall complete a statement, subject to felony penalties for making falsestatements pursuant to § 24.2-1016, that (i) he is the representative of theincapacitated voter; (ii) he personally delivered the ballot to the voter whoapplied for it; (iii) in his presence, the voter marked the ballot, theballot was placed in the envelope provided, the envelope was sealed, and thestatement on its reverse side was signed by the incapacitated voter; and (iv)the ballot was returned, under seal, to the electoral board at theregistrar's office.
The ballot shall be counted only if the ballot is received by the electoralboard prior to the close of polls, and the electoral board shall deliver theballot to the officers of election at each appropriate precinct pursuant to §24.2-710.
(1989, c. 192, § 24.1-229.1; 1990, c. 200; 1993, cc. 420, 641; 1996, c. 224;1997, cc. 523, 539; 1999, c. 590; 2001, c. 622; 2006, c. 297; 2008, c. 880.)
