HB 191

            
2020 SESSION

20100637D

HOUSE BILL NO. 191


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.
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Patron-- 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 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 other 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 available for inspection when his office is open for 
 business.
 
 
C. Notwithstanding the provisions of clause (i) of subsection 
 B of � 24.2-427, an absentee ballot returned by a voter in compliance with � 
 24.2-707 and this section who dies prior to the counting of absentee ballots on 
 election day shall be counted pursuant to the procedures set forth in this 
 chapter if the voter is found to have been entitled to vote at the time that he 
 returned the ballot.
 
 
� 24.2-709. (Effective for elections beginning with 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 A 
 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 other 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 available for inspection when his office is open for 
 business.
 
 
C. Notwithstanding the provisions of clause (i) of subsection 
 B of � 24.2-427, an absentee ballot returned by a voter in compliance with � 
 24.2-707 and this section who dies prior to the counting of absentee ballots on 
 election day shall be counted pursuant to the procedures set forth in this 
 chapter if the voter is found to have been entitled to vote at the time that he 
 returned the ballot.