SB 859

            
2020 SESSION

20103568D

SENATE BILL NO. 859


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend and reenact �� 24.2-705 and 24.2-705.1 of the 
 Code of Virginia, relating to absentee voting; emergency absentee voting by and 
 late applications for persons hospitalized; definition of hospital.
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Patron-- Ebbin

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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 �� 24.2-705 and 24.2-705.1 of the Code of Virginia 
 are amended and reenacted as follows:
 
 
� 24.2-705. Emergency applications and absentee ballots for 
 persons incapacitated or hospitalized.
 
 
Any person registered and otherwise qualified to vote who 
 becomes incapacitated on or after the seventh day preceding an election may 
 request at any time prior to 2:00 p.m. on the day preceding the election that 
 an emergency absentee ballot application be delivered to him. A voter who 
 becomes hospitalized on or after the fourteenth day preceding the election and 
 who is unable, because of his condition, to request an absentee ballot earlier 
 than the seventh day preceding the election may request at any time prior to 
 2:00 p.m. on the day before an election that an emergency absentee ballot be 
 delivered to him in the hospital. For purposes of this section, 
 "incapacitated" means hospitalized, ill and confined to his 
 residence, bereaved by the death of a spouse, child, or parent, or otherwise 
 incapacitated by an emergency which is found by the general registrar to 
 justify providing an emergency ballot application; and "hospital" 
 means a hospital as defined in � 32.1-123 or 37.2-100 and any comparable 
 hospital in the District of Columbia or any state 
 contiguous to Virginia.
 
 
On receipt of the request, the general registrar shall provide 
 an emergency absentee ballot application to the incapacitated voters designated 
 representative who shall deliver the application to the voter. If the voter is 
 hospitalized, the delivery shall be made to him at the hospital; and if the 
 voter is otherwise incapacitated, the delivery shall be made to him at his 
 current residence address as shown on the registration records. The 
 representative shall be age eighteen or older and shall not be an elected 
 official, a candidate for elected office, or the deputy, spouse, parent, or 
 child of an elected official or candidate.
 
 
The application shall be on a form prescribed by the State 
 Board and shall require the applicant (i) to state the cause of his incapacity, 
 (ii) to state that he is unable to be present at the polls on election day, and 
 that he was either incapacitated on or after the seventh day preceding the 
 election or hospitalized on or after the fourteenth day preceding the election 
 and unable to request the application earlier than the seventh day preceding 
 the election, (iii) to designate a representative to receive, deliver and return 
 the ballot, and (iv) to provide other information required by law for an 
 absentee ballot application.
 
 
If the voter is hospitalized, a hospital administrative 
 official, a licensed physician attending the applicant, or provider as defined 
 in � 37.2-403, shall certify on the form to the hospitalization of the 
 applicant and the applicants inability to be present at the polls on election 
 day. If the voter is ill and confined to his residence, a licensed physician, 
 provider as defined in � 37.2-403, or an accredited religious practitioner 
 attending the applicant shall certify on the form to the incapacity of the 
 applicant and the applicants inability to be present at the polls on election 
 day. If the voter is bereaved, a licensed physician, an accredited religious 
 practitioner, or a funeral service licensee (as defined in � 54.1-2800) shall 
 certify on the form to the incapacity of the applicant and the applicants 
 inability to be present at the polls on election day. If the voter is otherwise 
 incapacitated as determined by the general registrar, the general registrar 
 shall certify on the form to the incapacity of the applicant and the 
 applicants inability to be present at the polls on election day. The applicant 
 shall sign the application and state, subject to felony penalties for making 
 false statements pursuant to � 24.2-1016, that to the best of his knowledge and 
 belief the facts contained in the application are true and correct. His 
 signature shall be witnessed by the designated representative who shall sign 
 and return the completed application to the office of the general registrar no 
 later than 5:00 p.m. on the day preceding the election. For the purposes of 
 this section, "accredited religious practitioner" means a person who 
 has been trained in spiritual healing or the other healing arts and has been so 
 accredited by a formal religious order.
 
 
On receipt of the completed application and a determination of 
 the qualification of the applicant to vote, the general registrar shall 
 provide, in accordance with the applicable provisions of this chapter, an 
 absentee ballot to the designated representative for delivery to the 
 incapacitated voter.
 
 
The incapacitated voter shall vote the absentee ballot as 
 provided by law and mark it in the presence of the designated representative. 
 The representative shall complete a statement, subject to felony penalties for 
 making false statements pursuant to � 24.2-1016, that (i) he is the 
 representative of the incapacitated voter; (ii) he personally delivered the 
 ballot to the voter who applied for it; (iii) in his presence, the voter marked 
 the ballot, the ballot was placed in the envelope provided, the envelope was 
 sealed, and the statement on its reverse side was signed by the incapacitated 
 voter; and (iv) the ballot was returned, under seal, to the general registrar 
 at the registrars office.
 
 
The ballot shall be counted only if the ballot is received by 
 the general registrar prior to the close of polls, and the general registrar 
 shall deliver the ballot to the officers of election at each appropriate 
 precinct pursuant to � 24.2-710.
 
 
� 24.2-705.1. Late applications and in-person absentee voting 
 for business and medical emergencies.
 
 
Any person registered and otherwise qualified to vote who (i) 
 becomes obligated after 12:00 noon on the Saturday before an election to be 
 absent from his county or city on election day for a purpose pertaining to (i) his business, profession, 
 or occupation, or (ii) becomes aware after 12:00 
 noon on the Saturday before 
 an election that he will be unable to vote at his polling place on election day 
 due to the hospitalization of the applicant or a member of his 
 immediate family, or (iii) the death of a member of his immediate family, may apply 
 for an absentee ballot and vote absentee in person pursuant to this section and 
 subject to the following conditions:
 
 
1. The applicant applies in person for an absentee ballot on 
 the Monday immediately preceding the election, before 2:00 p.m., at the 
 principal office of the registrar; and
 
 
2. The applicant signs a statement, which shall be deemed part 
 of his absentee ballot application and subject to felony penalties for making 
 false statements pursuant to � 24.2-1016, that he (i) 
 is required to leave the county or city before the opening of the polls on 
 election day for a purpose pertaining to (i) 
 his business, profession or occupation, or (ii) will be unable to vote at his polling place on 
 election day due to the hospitalization 
 of the applicant or a member of his immediate family, or (iii) the death of a member of 
 his immediate family, and that he did not have notice or knowledge of such 
 required travel or unavailability 
 prior to 12:00 noon on the immediately preceding Saturday. "Immediate 
 family" means the children including adopted children, grandchildren, 
 grandparents, parents, legal guardian, siblings, whether of the whole or half 
 blood, and spouse of the applicant.
 
 
"Hospitalization" refers to confinement in a 
 hospital as defined in � 32.1-123 or 37.2-100 and any comparable hospital in the District of Columbia or any state 
 contiguous to Virginia.