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2010 SESSION

10100831D
HOUSE BILL NO. 63
House Amendments in [ ] – January 26, 2010
A BILL to amend and reenact § 24.2-705.1 of the Code of Virginia, relating to late applications and in-person absentee voting.
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Patron Prior to Engrossment--Delegate Toscano
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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 § 24.2-705.1 of the Code of Virginia is amended and reenacted as follows:

§ 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 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, (ii) 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 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, (ii) 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 prior to 12:00 noon on the immediately preceding Saturday. "Immediate family" means the children [ ,whether of the whole or half blood or ] by marriage or adoption, grandchildren, grandparents, parents, legal guardian, siblings and,whether of the whole or half blood, and ] spouse of the applicant [ , and any other person residing in the same household as 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.