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2024 SESSION

24106255D
SENATE BILL NO. 300
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Privileges and Elections
on February 6, 2024)
(Patrons Prior to Substitute--Senators Rouse and Rouse [SB 224])
A BILL to amend and reenact §§ 24.2-404, 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-709 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-426.1, relating to voter registration; list maintenance activities; required identification information; required record matches; cancellation procedures.

Be it enacted by the General Assembly of Virginia:

1. That §§ 24.2-404, 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-709 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-426.1 as follows:

§ 24.2-404. Duties of Department of Elections.

A. The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth.

In order to operate and maintain the system, the Department shall:

1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth. Such system shall automatically register a person who has preregistered pursuant to § 24.2-403.1 upon that person becoming eligible for registration under § 24.2-403 or reaching 18 years of age, whichever comes first. Such system shall also assign a unique identifier to each voter registered in the system.

2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.

3. Provide to each general registrar voter confirmation documents for newly registered voters, including voters who were automatically registered pursuant to subdivision 1, and for notice to registered voters on the system of changes and corrections in their registration records and polling places.

4. Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, (v) is known not to be a United States citizen by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law. Such action shall be taken no later than 30 days after notification from the Department. The Department shall promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.

5. Retain Create a record, or direct the general registrars to create a record, to be retained on the system for at least four years a separate record, for each registered voters voter whose names have been deleted registration is cancelled, with the reason for deletion cancellation. In accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) and 52 U.S.C. § 20507 (i), such cancellation records shall be made available for public inspection and copying.

6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410.

7. Provide to each general registrar, at least 16 days prior to a general or primary election and three days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of a precinct in which the election is being held in the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the pollbooks. The Department shall provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls. Prior to any general, primary, or special election, the Department shall provide any general registrar, upon his request, with a separate electronic list of all registered voters in the registrar's county or city. If electronic pollbooks are used in the locality or electronic voter registration inquiry devices are used in precincts in the locality, the Department shall provide a regional or statewide list of registered voters to the general registrar of the locality. The Department shall determine whether regional or statewide data is provided. Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but shall include the voter's year of birth.

8. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.

9. Use any source of information that may assist in carrying out the purposes of this section. All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system. The Department may share any information that it receives from another agency of the Commonwealth with any Chief Election Officer of another state for the maintenance of the voter registration system.

10. Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.

11. Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the Department by law. Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.

B. The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means including, but not limited to, paper and electronic means. The Virginia Freedom of Information Act (§ 2.2-3700 et seq.) shall not apply to records about individuals maintained in this system.

C. The State Board shall institute procedures to ensure that each requirement of this section is fulfilled. As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled.

D. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.

E. The Department shall apply to participate in the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens. Upon approval of the application, the Department shall enter into any required memorandum of agreement with U.S. Citizenship and Immigration Services. The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.

F. The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-428. This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable.

§ 24.2-404.3. Duty of Department of Elections; list maintenance activities; report.

On or before October 1 of each year, the A. Upon receipt of any list, record, or other information provided pursuant to §§ 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, and 24.2-410.1, the Department shall conduct a match of the Virginia registered voter lists with the list of deceased persons maintained by the Social Security Administration compare the contents of such list or record to the list of all registered voters maintained on the voter registration system and determine the confidence score in accordance with subsection B for any match of a registration record with information on the list or record received.

B. When comparing a registration record with information on a list or record received pursuant to §§ 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, and 24.2-410.1, the Department shall determine the confidence score for any match by adding points for information matches based on the following criteria:

1. A match of the full social security number: 40 points.

2. A match of the last four digits of the social security number: 10 points.

3. A match of the Virginia Department of Motor Vehicles customer identifier number: 50 points.

4. A match of the date of birth: 25 points.

5. A match of the last name: 15 points.

6. A match of the first name: 15 points.

7. A match of the middle name: 5 points.

8. A match of a suffix: 5 points.

9. A match of the residence address: 10 points.

10. A match of the zip code: 5 points.

C. The Department shall transmit to the appropriate general registrar a voter's registration record only if (i) the match has a confidence score of at least 80 and (ii) the first and last name and the date of birth in the voter's registration record is identical to the first and last name and the date of birth on the list or record. The general registrars shall use the information received pursuant to this subsection to carry out their duties in accordance with § 24.2-427.

D. The Department shall report annually by August 1 for the preceding 12 months ending June 30 to the House and Senate Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E of § 24.2-404 and pursuant to §§ 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, 24.2-428, 24.2-428.1 and 24.2-428.2. This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable.

§ 24.2-404.4. Exchange of registered voter lists with other states.

A. Pursuant to its authority under subsection A of § 24.2-405 and subsections B and C of § 24.2-406, the Department of Elections shall request voter registration information and lists of persons voting at primaries and elections, if available, from the states bordering the Commonwealth to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system.

B. Pursuant to its authority under subdivision A 10 of § 24.2-404, the Department of Elections shall utilize data regarding voter registration and lists of persons voting at primaries and elections received through list comparisons with other states to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system.

C. The Department shall compare the data received pursuant to subsections A and B with the state voter registration list and initiate list maintenance procedures under applicable state and federal law to identify record matches in accordance with § 24.2-404.3. The Department shall include in its report to the House and Senate Committees on Privileges and Elections, required by subsection F D of § 24.2-404 § 24.2-404.3, the progress of activities conducted under this section, including the number of duplicate registrations found to exist and the procedures that the Department and general registrars are following to eliminate duplicate registrations from the Virginia registered voter lists.

§ 24.2-408. Lists of deceased voters; State Registrar of Vital Records; Social Security Administration.

A. The State Registrar of Vital Records shall transmit to the Department of Elections by electronic means a weekly list of all persons 17 years of age or older who have died in the Commonwealth subsequent to its previous weekly list. The lists shall be in a format specified by the Department and shall contain the deceased's name; address; county, city, or town of residence; social security number, if any; and date and place of his birth and of his death, at a minimum, the following identification information for each person included on the list: (i) his last name, including any other last name used; (ii) his first name, including any other name used; (iii) his middle name or initial; (iv) his date and place of birth; (v) his social security number, if any; (vi) his Department of Motor Vehicles customer identifier number, if any; (vii) his last known address of residence, including the county, city, or town; and (viii) his date and place of death.

B. On or before July 1 of each year, the Department shall conduct a match of the Virginia registered voter lists with the list of deceased persons maintained by the Social Security Administration.

C. The Department shall compare the contents of such lists to identify record matches in accordance with § 24.2-404.3, and the general registrars shall have access to the information in the lists necessary to carry out their duties pursuant to § 24.2-427. The Department shall maintain a permanent record of the information in the lists as part of the voter registration system, and the general registrars shall use the information in the lists to carry out their duties pursuant to § 24.2-427. Information in the lists shall be confidential and consistent with the requirements of § 32.1-271.

§ 24.2-409. Lists of persons convicted of felonies; Central Criminal Records Exchange.

The A. Each month, the Central Criminal Records Exchange shall transmit to the Department of Elections by electronic means (i) a monthly a list of all persons convicted of a felony during the preceding month and (ii) an annual list of all persons who have been convicted of a felony, regardless of when the conviction occurred. The list shall be in a format mutually agreed upon by the Commissioner of Elections and the Department of State Police and shall contain the convicted person's name; address; county, city, or town of residence; social security number, if any; date and place of birth; and date of conviction, at a minimum, the following identification information for each person included on the list: (i) his last name, including any other last name used; (ii) his first name, including any other name used; (iii) his middle name or initial; (iv) his date and place of birth; (v) his social security number, if any; (vi) his Department of Motor Vehicles customer identifier number, if any; (vii) his last known address of residence, including the county, city, or town; and (viii) the offenses for which he was convicted and the date of conviction for each. The Department shall maintain a permanent record of the information in the lists as part of the voter registration system.

B. Upon receipt of the monthly list, the Department shall compare, on a monthly basis, the contents of the list to the list of all registered voters maintained on the voter registration system and shall notify the appropriate general registrar of the felony conviction of any registered voter to identify record matches in accordance with § 24.2-404.3. The general registrars shall have access to the information in the lists necessary to carry out their duties pursuant to § 24.2-427.

C. On or before July 1 each year, the Central Criminal Records Exchange shall transmit to the Department of Elections by electronic means a list of all persons convicted of a felony, regardless of when the conviction occurred. The list shall be in a format mutually agreed upon by the Commissioner of Elections and the Department of State Police and shall contain, at a minimum, the information required in clauses (i) through (viii) of subsection A for monthly lists. Upon receipt of the annual list, the Department shall compare the contents of the list to the list of all registered voters maintained on the voter registration system and shall notify the appropriate general registrar of the felony conviction of any registered voter to identify record matches in accordance with § 24.2-404.3. The general registrars shall have access to the information in the lists necessary to carry out their duties pursuant to § 24.2-427.

D. The Department shall maintain as part of the voter registration system a permanent record of the information in the lists received pursuant to this section.

§ 24.2-410. Lists of certain adjudications; clerks of circuit court.

The A. Each month, the clerk of each circuit court shall furnish monthly transmit to the Department of Elections by electronic means a complete list of all persons who have been adjudicated incapacitated pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 or whose incapacity has been recognized pursuant to § 64.2-2115, and therefore "mentally incompetent" for purposes of this title unless the court order specifically provides otherwise, during the preceding month or. If no such adjudications have occurred that month, the clerk shall transmit to the Department instead a statement that no adjudications have occurred that month. The list shall contain, at a minimum, the following identification information for each such person's name; address; county, city, or town of residence; social security number, if any; date and place of birth; and date of adjudication person included on the list: (i) his last name, including any other last name used; (ii) his first name, including any other name used; (iii) his middle name or initial; (iv) his last known address of residence, including the county, city, or town; (v) his social security number, if any; (vi) his date and place of birth; and (vii) the date of his adjudication. The Commissioner of Elections and the Executive Secretary shall determine the procedure for furnishing such lists, which may be by electronic means.

B. Upon receipt of the monthly list, the Department shall compare the contents of the list to the list of all registered voters maintained on the voter registration system to identify record matches in accordance with § 24.2-404.3. The general registrars shall have access to the information in the lists necessary to carry out their duties pursuant to § 24.2-427.

C. The Department shall transmit maintain as part of the voter registration system a permanent record of the information in the lists received pursuant to this section from the list to the appropriate general registrars.

§ 24.2-410.1. Lists of noncitizens; Department of Motor Vehicles.

A. The Department of Motor Vehicles shall include on the application for any document, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 a statement asking the applicant if he is a United States citizen. Information on citizenship status shall not be a determinative factor for the issuance of any document pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.

B. The Department of Motor Vehicles shall furnish monthly to the Department of Elections a complete list of all persons who have indicated a noncitizen status to the Department of Motor Vehicles in obtaining any document, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2. Such list shall contain, at a minimum, the following identification information for each person included on the list: (i) his last name, including any other last name used; (ii) his first name, including any other name used; (iii) his middle name or initial; (iv) his date and place of birth; (v) his social security number, if any; (vi) his Department of Motor Vehicles customer identifier number, if any; and (vii) his last known address of residence, including the county, city, or town.

The C. Upon receipt of the monthly list, the Department of Elections shall transmit the information from the list to the appropriate compare the contents of the list to the list of all registered voters maintained on the voter registration system to identify record matches in accordance with § 24.2-404.3. The general registrars shall have access to the information in the lists necessary to carry out their duties pursuant to § 24.2-427. Information in the lists shall be confidential and available only for official use by the Department of Elections and general registrars.

B. D. For the purposes of this section, the Department of Motor Vehicles is not responsible for verifying the claim of any applicant who indicates United States citizen status when applying for any document, or renewal thereof, issued pursuant to the provisions of Chapter 3 (§ 46.2-300 et seq.) of Title 46.2.

§ 24.2-426.1. Cancellation of registration by voter.

A. Any registered voter may cancel his registration by submitting to the general registrar a written authorization, signed by the voter, that his voter registration shall be cancelled. Such cancellation authorization shall be made at least 22 days prior to an election in order to be valid in that election, unless such cancellation authorization is made in person or notarized. Within 10 days of receiving such authorization, the general registrar shall acknowledge receipt of the authorization and advise the voter by first-class mail, or in person if such authorization is made in person, that his registration has been cancelled.

B. Notice received by a general registrar from the registration official of another jurisdiction, or signed by the voter, that a registered voter has moved from the Commonwealth or that the registered voter has registered to vote outside the Commonwealth subsequent to his registration in the Commonwealth shall be considered a written authorization from the voter to have his registration cancelled. Information received through a list exchange or list comparison pursuant to § 24.2-404.4 shall not be deemed to be notice for purposes of this subsection.

§ 24.2-427. Cancellation of registration for persons known to be deceased or disqualified to vote.

A. Any registered voter may cancel his registration and have his name removed from the central registration records by signing an authorization for cancellation and mailing or otherwise submitting the signed authorization to the general registrar. When submitted by any means other than when notarized or in person, such cancellation must be made at least 22 days prior to an election in order to be valid in that election. The general registrar shall acknowledge receipt of the authorization and advise the voter in person or by first-class mail that his registration has been canceled within 10 days of receipt of such authorization.

B. The general registrar shall promptly cancel the registration of (i) all persons known by him to be deceased or disqualified to vote in accordance with the provisions of this section. A voter's registration may be cancelled at any time during the year in which the general registrar discovers that the person is no longer entitled to be registered. The general registrar shall provide notice of any cancellation to the person whose registration is cancelled, by mail to the address listed in the voter's registration record and by email to the email address provided on the voter's registration application, if one was provided; (ii) all persons known by him to be disqualified to vote by reason of a felony conviction or adjudication of incapacity; (iii) all persons known by him not to be United States citizens by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404 and in accordance with the requirements of subsection C; (iv) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has moved from the Commonwealth; and (v) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has registered to vote outside the Commonwealth, subsequent to his registration in Virginia. The notice received in clauses (iv) and (v) shall be considered as a written request from the voter to have his registration cancelled. A voter's registration may be cancelled at any time during the year in which the general registrar discovers that the person is no longer entitled to be registered. The general registrar shall provide notice of any cancellation to the person whose registration is cancelled, by mail to the address listed in the voter's registration record and by email to the email address provided on the voter's registration application, if one was provided.

C. The B. Upon receipt of a report from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404, the general registrar shall mail notice promptly to all persons known by him not to be listed in the report as not being a citizen of the United States citizens by reason of a report from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E of § 24.2-404 prior to cancelling their the registrations of such persons. The notice shall inform the person of the report from the Department of Motor Vehicles or from the Department of Elections and allow the person to submit his sworn statement that he is a United States citizen within 14 days of the date that the notice was mailed. The general registrar shall cancel the registrations of such persons who do not respond within 14 days to the notice that they have been reported not to be United States citizens.

D. The C. Upon receipt of notice from the Department of Elections pursuant to § 24.2-409 that a registered voter has been convicted of a felony, the general registrar shall (i) process the Department's most recent list of persons convicted of felonies within 21 to 14 days before any primary or general election, (ii) cancel the registration of any registered voter shown to have been convicted of a felony who has not provided evidence that his right to vote has been restored, and (iii) send prompt notice to the person of the cancellation of his registration. If it appears that any registered voter has made a false statement on his registration application with respect to his having been convicted of a felony, the general registrar shall report the fact to the attorney for the Commonwealth for prosecution under § 24.2-1016 for a false statement made on his registration application mail notice promptly to the registered voter prior to cancelling such person's registration. The notice shall inform the person of the report from the Central Criminal Records Exchange and allow the person to submit his sworn statement that he has not been convicted of a felony or that, if having been convicted of a felony, his right to vote has been restored. Such statement shall be submitted to the general registrar within 14 days of the notice and the registrar shall cancel the registration of any such person who does not respond within such time.

E. The D. Upon receipt of a notice submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§ 46.2-483 et seq.) of Chapter 3 of Title 46.2 that a registered voter has moved from the Commonwealth, the general registrar may cancel the registration of any such person for whom a notice has been submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§ 46.2-483 et seq.) of Chapter 3 of Title 46.2 and forwarded to the general registrar, that the voter has moved from the Commonwealth; provided that the. Prior to cancelling a registration pursuant to this subsection, the general registrar shall mail notice of such cancellation to the person at both his new address, as reported to the Department of Motor Vehicles, and the address at which he had most recently been registered in Virginia. No general registrar may cancel registrations under this authority while the registration records are closed pursuant to § 24.2-416. No registrar may cancel the registration under this authority subsection of any person entitled to register under the provisions of subsection A of § 24.2-420.1, and shall reinstate the registration of any otherwise qualified voter covered by subsection A of § 24.2-420.1 who applies to vote within four years of the date of cancellation.

§ 24.2-709. Ballot to be returned in manner prescribed by law.

A. Any ballot returned to the office of the general registrar or to a drop-off location in any manner except as prescribed by law shall be void. Absentee ballots shall be returned to the general registrar or to a drop-off location before the closing of the polls. Any voter who is in line to return an absentee ballot at a drop-off location by 7:00 p.m. on the day of the election shall be permitted to deposit his absentee ballot. The registrar receiving the ballot shall (i) seal the ballot in an envelope with the statement or declaration of the voter, or both, attached to the outside and (ii) mark on each envelope the date, time, and manner of delivery. No returned absentee ballot shall be deemed void because (a) the inner envelope containing the voted ballot is imperfectly sealed so long as the outside envelope containing the ballot envelope is sealed or (b) it is not returned sealed in the outside envelope so long as it is returned sealed in the inner envelope.

B. Notwithstanding the provisions of subsection A, any absentee ballot (i) returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and (ii) postmarked on or before the date of the election shall be counted pursuant to the procedures set forth in this chapter if the voter is found entitled to vote. For purposes of this subsection, a postmark shall include any other official indicia of confirmation of mailing by the United States Postal Service or other postal or delivery service.

C. Notwithstanding the provisions of subsection A, any absentee ballot (i) received after the close of the polls on any election day, (ii) received before 5:00 p.m. on the second business day before the State Board meets to ascertain the results of the election pursuant to this title, (iii) requested on or before but not sent by the deadline for making absentee ballots available under § 24.2-612, and (iv) cast by a covered voter, as defined in § 24.2-452, shall be counted pursuant to the procedures set forth in this chapter if the voter is found entitled to vote. The electoral board shall prepare an amended certified abstract, which shall include the results of such ballots, and shall deliver such abstract to the State Board by the business day prior to its meeting pursuant to this title, and shall deliver a copy of such abstract to the general registrar to be available for inspection when his office is open for business.

D. Notwithstanding the provisions of clause (i) of subsection B of requirement in § 24.2-427 that a general registrar promptly cancel the registration of a deceased voter, an absentee ballot returned by a voter in compliance with § 24.2-707 and this section who dies prior to the counting of absentee ballots on election day shall be counted pursuant to the procedures set forth in this chapter if the voter is found to have been entitled to vote at the time that he returned the ballot.