Virginia SB 460: Absentee voting; deadline for returning absentee ballot.

Bill Text

2022SESSION
INTRODUCED
22101633D
1 SENATEBILLNO.460
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact § 24.2-709 of the Code of Virginia, relating to elections; absentee voting;
5 ballots to be returned before close of polls.
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Patron––Chase
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8 ReferredtoCommitteeonPrivilegesandElections
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §24.2-709 of the Code of Virginia is amended and reenacted as follows:
12 §24.2-709. Ballot to be returned in manner prescribed by law.
13 A. Any ballot returned to the office of the general registrar or to a drop-off location in any manner
14 except as prescribed by law shall be void. Absentee ballots shall be returned to the general registrar or
15 to a drop-off location before the closing of the polls. Any voter who is in line to return an absentee
16 ballot at a drop-off location by 7:00 p.m. on the day of the election shall be permitted to deposit his
17 absentee ballot. The registrar receiving the ballot shall (i) seal the ballot in an envelope with the
18 statement or declaration of the voter, or both, attached to the outside and (ii) mark on each envelope the
19 date, time, and manner of delivery. No returned absentee ballot shall be deemed void because (a) the
20 inner envelope containing the voted ballot is imperfectly sealed so long as the outside envelope
21 containing the ballot envelope is sealed or (b) it is not returned sealed in the outside envelope so long as
22 it is returned sealed in the inner envelope.
23 B. Notwithstanding the provisions of subsection A, any absentee ballot (i) returned to the general
24 registrar after the closing of the polls on election day but before noon on the third day after the election
25 and (ii) postmarked on or before the date of the election shall be counted pursuant to the procedures set
26 forth in this chapter if the voter is found entitled to vote. For purposes of this subsection, a postmark
27 shall include any other official indicia of confirmation of mailing by the United States Postal Service or
28 other postal or delivery service.
29 C. Notwithstanding the provisions of subsection A, any absentee ballot (i) received after the close of
30 the polls on any election day, (ii) received before 5:00 p.m. on the second business day before the State
31 Board meets to ascertain the results of the election pursuant to this title, (iii) requested on or before but
32 not sent by the deadline for making absentee ballots available under § 24.2-612, and (iv) cast by a
33 covered voter, as defined in § 24.2-452, shall be counted pursuant to the procedures set forth in this
34 chapter if the voter is found entitled to vote. The electoral board shall prepare an amended certified
35 abstract, which shall include the results of such ballots, and shall deliver such abstract to the State Board
36 by the business day prior to its meeting pursuant to this title, and shall deliver a copy of such abstract
37 to the general registrar to be available for inspection when his office is open for business.
38 D. C. Notwithstanding the provisions of clause (i) of subsection B of § 24.2-427, an absentee ballot
39 returned by a voter in compliance with § 24.2-707 and this section who dies prior to the counting of
40 absentee ballots on election day shall be counted pursuant to the procedures set forth in this chapter if
41 the voter is found to have been entitled to vote at the time that he returned the ballot.
INTRODUCED
SB460
11/29/22
14:27