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2014 SESSION
14104626DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-708 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-708. Return of unused ballots; voting by applicant who did not receive or lost ballot; defaced ballots.
A. If for any reason a person, who has applied for and
received a ballot, decides not to vote absentee, he shall return the ballot
unopened, in the sealed envelope in which it was sent to him, to the electoral
board or the general registrar, on or before the day of the
election in which the ballot was intended to be used.
The electoral board shall note on the absentee voter applicant
list, opposite the name of the person returning the ballot, the fact that the
ballot was returned unused and the date of the return. The electoral board
shall carefully preserve all ballots returned unused and deliver them, together
with other returned ballots, to the officers of election on election day. A
voter who has returned his unused ballot before the day of the election as
provided herein shall be entitled to cast a provisional ballot pursuant to §
24.2-653.1 vote a regular ballot in person on election day at his
proper polling place or at a central absentee voter precinct established by the
governing body of the county or city where the person is registered to vote,
upon confirmation by the electoral board, the general registrar, or an officer
of election of the return of the unused ballot. However, a If the
electoral board, the general registrar, or an officer of election is unable to
confirm the return of the unused ballot, the voter shall be entitled to cast a
provisional ballot pursuant to § 24.2-653.1. Notwithstanding the provisions of
this subsection, a voter who returns may return his
unused ballot to his proper polling place or central absentee voter precinct on
election day and shall be entitled to vote a regular ballot, and his
unused ballot shall be preserved with other unused ballots.
B. If for any reason a person who has applied for and has been sent an absentee ballot does not receive the ballot or loses the ballot, he shall be entitled to cast another ballot after presenting to the electoral board, registrar or officer of election a statement signed by him that he did not receive the ballot or has lost the ballot, subject to felony penalties for making false statements as pursuant to § 24.2-1016. If such person offers to vote at his proper polling place or at a central absentee voter precinct established by the governing body of the county or city where he is registered to vote on the day of the elections, he shall be entitled to cast a provisional ballot pursuant to § 24.2-653.1.
C. If a person who has applied for and has been sent an absentee
ballot has unintentionally or accidentally defaced and rendered the ballot
unfit for voting, he shall be entitled to cast a ballot after presenting the
defaced ballot to the electoral board, the general registrar, or an
officer of election. The returned ballot shall be marked spoiled by the
electoral board, the general registrar, or an officer of
election and placed in a spoiled-ballot envelope to be retained with the
ballots for the election. A voter who has returned his defaced ballot before
the day of the election as provided herein shall be entitled to cast a
provisional ballot pursuant to § 24.2-653.1 vote a regular ballot in
person on election day at his proper polling place or at a central absentee
voter precinct established by the governing body of the county or city where he
is registered to vote, upon confirmation by the electoral board, the general
registrar, or an officer of election of the return of the defaced ballot.
If the electoral board, the general registrar, or an officer of election is
unable to confirm the return of the defaced ballot, the voter shall be entitled
to cast a provisional ballot pursuant to § 24.2-653.1. However, a
A voter who returns his defaced or unfit ballot to his proper polling place
or central absentee voter precinct on election day shall be entitled to vote a
regular ballot, and his defaced or unfit ballot shall be preserved with other
spoiled ballots.