Virginia HB 203: Absentee voting; counting military and overseas absentee ballots received after close of polls.

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2021 SESSION

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20102099D

HOUSE BILL NO. 203 

Offered January 8, 2020 

Prefiled December 27, 2019 

A BILL to amend and reenact � 24.2-709, as it is currently 
 effective and as it shall become effective, of the Code of Virginia, relating 
 to absentee voting; counting military and overseas absentee ballots received 
 after close of polls on election day. 
---------- 

Patrons-- Tran and Cole, J.G. 

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Referred to Committee on Privileges and Elections 

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Be it enacted by the General Assembly of Virginia:

1. That � 24.2-709, as it is currently effective and as it 
 shall become effective, of the Code of Virginia is amended and reenacted as 
 follows:

� 24.2-709. (Effective for elections prior to the general election 
 on November 3, 2020) Ballot to be returned in manner prescribed by law.

A. Any ballot returned to the office of the general registrar 
 in any manner except as prescribed by law shall be void. Absentee ballots shall 
 be returned to the general registrar before the closing of the polls. The 
 registrar receiving the ballot shall (i) seal the ballot in an envelope with 
 the statement or declaration of the voter, or both, attached to the outside and 
 (ii) mark on each envelope the date, time, and manner of delivery. No returned 
 absentee ballot shall be deemed void because the inner envelope containing the 
 voted ballot is imperfectly sealed so long as the outside envelope containing 
 the ballot envelope is sealed.

B. Notwithstanding the provisions of subsection A, absentee 
 ballots cast by absentee voters who are eligible under 
 subdivision A 2 of � 24.2-700 that are 
 (i) received after the close of the polls on any election day, (ii) received but before 5:00 p.m. on the 
 second business day before the State Board meets to ascertain the results of 
 the election pursuant to this title, (iii) requested on or 
 before but not sent by the deadline for making absentee ballots available under 
 � 24.2-612, and (iv) cast by an absentee voter who is eligible for an absentee 
 ballot under subdivision 2 of � 24.2-700 and (ii) postmarked on or before the date of such 
 election shall be counted pursuant to the procedures set 
 forth in this chapter and, 
 if the voter is found entitled to vote, included in the election 
 returns. For purposes of this 
 subsection, a postmark shall include any official indicia of confirmation of 
 mailing by the United States Postal Service or other postal or delivery service.

The electoral board shall prepare an amended certified 
 abstract, which shall include the results of such ballots, and shall deliver 
 such abstract to the State Board by the business day prior to its meeting 
 pursuant to this title, and shall deliver a copy of such abstract to the 
 general registrar to be avail