Bill Text: VA HB1330 | 2024 | Regular Session | Enrolled
Bill Title: Absentee voting; persons confined awaiting trial or for conviction of a misdemeanor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-05 - Governor: Acts of Assembly Chapter text (CHAP0553) [HB1330 Detail]
Download: Virginia-2024-HB1330-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-701 and 24.2-1005.2 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-700.1 as follows:
§24.2-700.1. Persons entitled to vote by absentee ballot; persons confined awaiting trial or for conviction of a misdemeanor.
Any registered voter who is confined while awaiting trial or for having been convicted of a misdemeanor may vote by absentee ballot. Subject to penalties for interference with voting pursuant to §24.2-1005.2, the institution or facility in which such voter is confined shall:
1. Provide such voter with the means and opportunity to complete and submit a timely application for an absentee ballot in accordance with §24.2-701.
2. Provide such voter with the means and opportunity to mark his absentee ballot in accordance with the provisions of §24.2-707.
3. Ensure such voter's marked absentee ballot is returned in accordance with the provisions of §24.2-709.
§24.2-701. Application for absentee ballot.
A. The Department shall furnish each general registrar with a sufficient number of applications for official absentee ballots. The registrars shall furnish applications to persons requesting them.
The Department shall implement a system that enables eligible persons to request and receive an absentee ballot application electronically through the Internet. Electronic absentee ballot applications shall be in a form approved by the State Board.
Except as provided in §24.2-703 or 24.2-703.1, a separate application shall be completed for each election in which the applicant offers to vote. An application for an absentee ballot may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.
An application that is completed in person at the same time that the applicant registers to vote shall be held and processed no sooner than the fifth day after the date that the applicant registered to vote; however, this requirement shall not be applicable to any covered voter, as defined in § 24.2-452.
Any application received before the ballots are printed shall be held and processed as soon as the printed ballots for the election are available.
For the purposes of this chapter, the general registrar's office shall be open a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections.
Unless the applicant is disabled, all applications for absentee ballots shall be signed by the applicant who shall state, subject to felony penalties for making false statements pursuant to §24.2-1016, that to the best of his knowledge and belief the facts contained in the application are true and correct and that he has not and will not vote in the election at any other place in Virginia or in any other state. If the applicant is unable to sign the application, a person assisting the applicant will note this fact on the applicant signature line and provide his signature, name, and address.
B. Applications for absentee ballots shall be completed in the following manner:
1. An application completed in person shall be completed only in the office of the general registrar and signed by the applicant in the presence of a registrar. The applicant shall provide one of the forms of identification specified in subsection B of §24.2-643, or if he is unable to present one of the specified forms of identification listed in that subsection, he shall sign a statement, subject to felony penalties for making false statements pursuant to §24.2-1016, that he is the named registered voter he claims to be. An applicant who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to §24.2-649, may be assisted in preparation of this statement in accordance with that section. The provisions of §24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement. Any applicant who does not show one of the forms of identification specified in subsection B of §24.2-643 or does not sign this statement shall be offered a provisional ballot under the provisions of §24.2-653. The State Board of Elections shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to §24.2-653.01 and this section.
This paragraph shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C. §21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state. At such election, such individual shall present (i) a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Such individual who desires to vote in person but does not show one of the forms of identification specified in this paragraph shall be offered a provisional ballot under the provisions of §24.2-653. The identification requirements of subsection B of §24.2-643 and subsection A of §24.2-653 shall not apply to such voter at such election. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to §24.2-653.01 and this section.
2. Any other application may be made by mail, by electronic or telephonic transmission to a facsimile device if one is available to the office of the general registrar or to the office of the Department if a device is not available locally, or by other means. The application shall be on a form furnished by the registrar or as specified in subdivision 3. The application shall be made to the appropriate registrar no later than 5:00 p.m. on the eleventh day prior to the election in which the applicant offers to vote.
3. The application of any covered voter, as defined in § 24.2-452, may be on a federal postcard application, as defined in §24.2-452. The federal postcard application may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.
C. Applications for absentee ballots shall contain the following information:
1. The applicant's printed name and the last four digits of the applicant's social security number. However, an applicant completing the application in person shall not be required to provide the last four digits of his social security number;
2. A statement that he is registered in the county or city in which he offers to vote and his residence address in such county or city. Any person temporarily residing outside the United States shall provide the last date of residency at his Virginia residence address, if that residence is no longer available to him. Any covered voter, as defined in §24.2-452, who is not a registered voter may file the applications to register and for a ballot simultaneously; and
3. The complete address to which the ballot is to be sent directly to the applicant, unless the application is made in person at a time when the printed ballots for the election are available and the applicant chooses to vote in person at the time of completing his application. The address given shall be (i) the address of the applicant on file in the registration records; (ii) the address at which he will be located while absent from his county or city; or (iii) the address at which he will be located while temporarily confined while awaiting trial or for a misdemeanor conviction or due to a disability or illness. No ballot shall be sent to, or in care of, any other person.
D. An application shall not be required for any registered voter appearing in person to cast an absentee ballot pursuant to §24.2-701.1.
§24.2-1005.2. Interference with voting.
A. Any person acting under the color of law who, contrary to an official policy or procedure, fails to permit, or refuses to permit, a qualified voter to vote, including a voter who is confined while awaiting trial or for having been convicted of a misdemeanor, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not exceeding $1,000 for each affected voter. Such civil penalties shall be payable to the Voter Education and Outreach Fund established pursuant to §24.2-131.
B. Any person who furnishes a ballot to a person who he knows cannot understand the language in which the ballot is printed and misinforms him as to the content of the ballot with an intent to deceive him and induce him to vote contrary to his desire is guilty of a Class 1 misdemeanor. Any person who changes a ballot of a person to prevent the person from voting as he desires is guilty of a Class 1 misdemeanor. This subsection applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.
