HB 238

            
2020 SESSION

20101272D

HOUSE BILL NO. 238


Offered January 8, 2020


Prefiled December 30, 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; deadline for returning absentee ballot.
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Patrons-- Sickles, Tran, Helmer and Levine

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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, any absentee ballot (i) returned to the general 
 registrar after the closing of the polls on election day but before noon on the 
 third day after the election and (ii) postmarked on or before the date of the 
 election shall be counted pursuant to the procedures set forth in this chapter 
 if the voter is found entitled to vote. 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.
 
 
C. 
 Notwithstanding the provisions of subsection A, any 
 absentee ballots ballot 
 (i) received after the close of the polls on any election day, (ii) received 
 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 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. 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. D. 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, any absentee ballot (i) returned to the general 
 registrar after the closing of the polls on election day but before noon on the 
 third day after the election and (ii) postmarked on or before the date of the 
 election shall be counted pursuant to the procedures set forth in this chapter 
 if the voter is found entitled to vote. 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.
 
 
C. Notwithstanding the provisions of subsection A, any absentee ballots ballot 
 (i) received after the close of the polls on any election day, (ii) received 
 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 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. 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. D. 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.