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1995 SESSION

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LD7717164
HOUSE BILL NO. 2354 Offered January 23, 1995 A BILL to amend and reenact § 24.2-711 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-707.1, relating to the electronic transmission of certain absentee ballot materials. ---------- Patron--Copeland ---------- Referred to Committee on Privileges and Elections ----------

Be it enacted by the General Assembly of Virginia:

1. That § 24.2-711 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-707.1 as follows:

§ 24.2-707.1. Delivery and return of absentee ballots by electronic transmission.

Notwithstanding any other provision of this title, a person who is eligible for an absentee ballot under subdivision 2 of § 24.2-700, and believes that there is not sufficient time to receive and return his ballot by mail, may receive and vote an absentee ballot by electronic transmission.

The request may be made to the voter's registrar if a facsimile machine is available in the registrar's office or otherwise to the State Board of Elections.

If the voter chooses to transmit the voted ballot to the registrar or State Board by electronic transmission, the transmittal shall contain the following statement: "I understand that by faxing my voted ballot I am voluntarily waiving my right to a secret ballot." This statement shall be followed by the voter's signature, date, and social security number.

Upon receipt of the transmittal, the registrar or State Board shall place the voted ballot along with the signed waiver statement in an envelope marked "ballot within" with the voter's name and the date, time and manner of delivery. The registrar or State Board shall deliver the marked envelope containing the voted ballot to the appropriate electoral board to be handled in the same manner as other absentee ballots returned by mail or in person.

The registrars and State Board shall take all steps necessary to keep the voted ballots received by facsimile as confidential as practicable.

The ballot shall be counted only if the ballot is received by the registrar or State Board prior to noon on the day of the election in any county, city or town.

§ 24.2-711. Duties of officers of election.

Before the polls open, the officers of election at each precinct shall mark, for each person on the absentee voter applicant list, the letters "AB" (meaning absentee ballot) in the voting record column on the precinct registered voter list.

Before the polls open, the chief officer of election shall post the copy of the absentee voter applicant list in the polling place.

If a voter, whose name appears on the absentee voter applicant list, has not returned an unused ballot and offers to vote in his precinct, the officers of election in the precinct shall determine the matter pursuant to § 24.2-708 or, if the locality has a central absentee voter precinct, shall refuse to give him a ballot and shall refer him to the officers of the absentee precinct for an appeal pursuant to § 24.2-712.

After the close of the polls, the container of absentee ballots shall be opened by the officers of election. As each ballot envelope is removed from the container, the name of the voter shall be called and checked as if the voter were voting in person. If the voter is found entitled to vote, his name shall be entered in the pollbook. The ballot envelope shall then be opened, and the ballot deposited in the ballot box without being unfolded or examined. If the voter is found not entitled to vote, the unopened envelope shall be rejected. A majority of the officers shall write and sign a statement of the cause for rejection on the envelope or on an attachment to the envelope.

When all ballots have been accounted for and either voted or rejected, the officers shall place the empty ballot envelopes, the return envelopes, the waiver statements filed pursuant to § 24.2-707.1, and any rejected ballot envelopes, in one envelope provided for the purpose and seal and deliver it with the ballots cast at the election as provided in this title.