Virginia HB 463: Polling places; prohibited activities or conduct, application to locations for absentee voting.

Bill Text

2024SESSION
INTRODUCED
24103325D
1 HOUSEBILLNO.463
2 OfferedJanuary10,2024
3 PrefiledJanuary8,2024
4 A BILL to amend and reenact §§ 24.2-701.1 and 24.2-707.1 of the Code of Virginia, relating to polling
5 places; prohibited activities or conduct; application to locations for absentee voting in person.
6 ––––––––––
Patrons––RunionandWilt
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8 ReferredtoCommitteeonPrivilegesandElections
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §§ 24.2-701.1 and 24.2-707.1 of the Code of Virginia are amended and reenacted as
12 follows:
13 §24.2-701.1. Absentee voting in person.
14 A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall
15 continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special
16 election, excluding for federal offices, if time is insufficient between the issuance of the writ calling for
17 the special election and the date of the special election, absentee voting in person shall be available as
18 soon as possible after the issuance of the writ.
19 Any registered voter offering to vote absentee in person shall provide his name and his residence
20 address in the county or city in which he is offering to vote. After verifying that the voter is a registered
21 voter of that county or city, the general registrar shall enroll the voter's name and address on the
22 absentee voter applicant list maintained pursuant to §24.2-706.
23 Except as provided in subsection F, a registered voter voting by absentee ballot in person shall
24 provide one of the forms of identification specified in subsection B of § 24.2-643. If he does not show
25 one of the forms of identification specified in subsection B of § 24.2-643, he shall be allowed to vote
26 after signing a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he
27 is the named registered voter he claims to be. A voter who requires assistance in voting by reason of a
28 physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649,
29 may be assisted in preparation of this statement in accordance with that section. The provisions of
30 § 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in
31 completing this statement. A voter who does not show one of the forms of identification specified in
32 this subsection or does not sign this statement shall be offered a provisional ballot under the provisions
33 of § 24.2-653. The State Board shall provide instructions to the general registrar for the handling and
34 counting of such provisional ballots pursuant to §24.2-653.01 and this section.
35 B. Absentee voting in person shall be available during regular business hours. The electoral board of
36 each county and city shall provide for absentee voting in person in the office of the general registrar or
37 a voter satellite office established pursuant to § 24.2-701.2. The provisions of §§ 24.2-604, 24.2-604.4,
38 24.2-605, 24.2-606, and 24.2-607 prohibiting certain conduct or activities in and around a polling place
39 shall apply to such offices whenever absentee voting in person is available.
40 For purposes of this chapter, such offices shall be open to the public a minimum of eight hours
41 between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding
42 all elections. The electoral board or general registrar may provide for absentee voting in person in such
43 offices on Sundays. Any applicant who is in line to cast his ballot when the office of the general
44 registrar or voter satellite office closes shall be permitted to cast his absentee ballot that day.
45 C. The general registrar may provide for the casting of absentee ballots in person pursuant to this
46 section on voting systems. The Department shall prescribe the procedures for use of voting systems. The
47 procedures shall provide for absentee voting in person on voting systems that have been certified and
48 are currently approved by the State Board. The procedures shall be applicable and uniformly applied by
49 the Department to all localities using comparable voting systems.
50 D. At least two officers of election shall be present during all hours that absentee voting in person is
51 available and shall represent the two major political parties, except in the case of a party primary, when
52 they may represent the party conducting the primary. However, such requirement shall not apply when
53 (i) voting systems that are being used pursuant to subsection C are located in the office of the general
54 registrar or voter satellite office and (ii) the general registrar or a deputy registrar is present.
55 E. The Department shall include absentee ballots voted in person in its instructions for the
56 preparation, maintenance, and reporting of ballots, pollbooks, records, and returns.
57 F. This subsection shall apply