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1999 SESSION

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997065203
HOUSE BILL NO. 1961 Offered January 19, 1999 A BILL to amend and reenact § 24.2-708 of the Code of Virginia, relating to absentee ballots; return of unused ballots; replacement ballots. ----------
Patrons-- Devolites, Albo, Callahan, Jones, S.C., McClure, O'Brien, Puller, Rust, Scott, Watts and Wilkins; Senators: Howell, Saslaw and Ticer
---------- Referred to Committee on Privileges and Elections ----------

Be 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.

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, 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 as provided herein, shall be entitled to cast his vote in person on election day at his precinct.

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 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 another ballot after presenting the defaced ballot to the electoral board, registrar or officer of election. The returned ballot shall be marked spoiled by the electoral board, registrar or officer of election and placed in a spoiled-ballot envelope to be retained with the ballots for the election.