{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-603.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-603.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-603.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-603.1.html"}],"law_id":79039,"edition_id":1,"section_id":79039,"structure_id":13428,"section_number":"24.2-603.1","catch_line":"Postponement of certain elections; state of emergency","history":"2002, cc. 785, 819; 2004, c. 205; 2014, cc. 540, 576.","full_text":"For purposes of this section, &#8220;election&#8221; means (i) any local or state referendum, (ii) any primary, special, or general election for local or state office except a general election for Governor, Lieutenant Governor, Attorney General and the General Assembly, (iii) any primary for federal office including any primary for the nomination of candidates for the office of President of the United States, or (iv) any federal special election to fill a vacancy in the United States Senate or the United States House of Representatives. In the event of a state of emergency declared by the Governor pursuant to Chapter 3.2 (\u00a7 44-146.13 et seq.) of Title 44 or declared by the President of the United States or the governor of another state pursuant to law and confirmed by the Governor by an executive order, the Governor may postpone an election by executive order in areas affected by the emergency to a date, notwithstanding the provisions of \u00a7 24.2-682, not to exceed 14 days from the original date of the election.\n\t\tIf a local governing body determines that a longer postponement is required, it may petition a three-judge panel of the Virginia Supreme Court, to include the Chief Justice as the presiding Justice, for an extension. The Chief Justice shall choose the other two Justices by lot. The Court may postpone the election to a date it deems appropriate, notwithstanding the provisions of \u00a7 24.2-682, not to exceed 30 days from the original date of the election.\n\t\tOnly those persons duly registered to vote as of the original date of the election shall be entitled to vote in the rescheduled election.\n\t\tIf, as a direct result of the emergency, any ballots already cast at the polling places or equipment on which ballots have been cast, or any voted absentee ballots already received by the appropriate election officials or any equipment on which absentee ballots have already been cast have been destroyed or otherwise damaged so that such ballots cannot be counted manually or by a voting system, the Governor (i) shall specify that such ballots or votes previously cast by machinery or paper need to be recast on or by the rescheduled election date so that they may be counted and (ii) shall direct the appropriate election officials to immediately send replacement absentee ballots to all absentee voters whose voted ballots are known to have been so destroyed or damaged. Such instructions may be issued by executive order separately from the executive order postponing the election. Any absentee ballots duly cast and received by the rescheduled election date and able to be counted shall be valid and counted when determining the results of the rescheduled election; however, if more than one absentee ballot is received from any voter, only the first absentee ballot received and able to be counted shall be counted. Any person who was duly registered to vote as of the original date of the election, and who has not voted, or who is permitted to recast their ballot due to the emergency, may vote by absentee ballot in accordance with the provisions of Chapter 7 (\u00a7 24.2-700 et seq.) in the rescheduled election. Official ballots shall not be invalidated on the basis that they contain the original election date.\n\t\tIf the postponement of the election is ordered after voting at the polls on the original election date has already commenced, all qualified voters in a precinct in which any voted ballots, voting equipment containing voted ballots or pollbooks recording who has already voted in that precinct have been destroyed or damaged as a direct result of the emergency, so that the votes cannot be counted or it cannot be determined who has already voted, shall be allowed to vote in the rescheduled election, and no votes cast at the polls on the original election date shall be counted. If the postponement of the election is ordered after voting at the polls on the original election date has already commenced and no ballots cast at the polls, voting equipment containing voted ballots, or pollbooks recording who has already voted in that election in that precinct have been destroyed or damaged as a direct result of the emergency, only qualified voters who had not yet voted shall be eligible to vote on the rescheduled election day and all votes cast on the original and postponed election dates shall be counted at the close of the polls on the rescheduled election day.\n\t\tThe provisions of \u00a7 24.2-663 requiring the voiding of all ballots received from any voter who votes more than once in the same election shall not apply to ballots otherwise lawfully cast or recast pursuant to this section; however, no more than one ballot may be counted from any voter in the same election. If one ballot has already been counted, any additional ballots from the same voter shall be void and shall not be counted. The provisions of \u00a7 24.2-1004 or any other law prohibiting any voter from voting more than once in the same election, or any oath attesting to the same, shall not apply to ballots otherwise lawfully cast or recast pursuant to this section.\n\t\tNo results shall be tallied or votes counted in any postponed election before the closing of the polls on the rescheduled election date. Officers of election in unaffected areas shall count and report the results for the postponed election after the close of the polls on the rescheduled election date. The counting may take place at the precinct or another location determined by the local electoral board.\n\t\tThe State Board shall prescribe appropriate procedures to implement this section.","order_by":null,"text":{"0":{"id":283121,"text":"For purposes of this section, &#8220;election&#8221; means (i) any local or state referendum, (ii) any primary, special, or general election for local or state office except a general election for Governor, Lieutenant Governor, Attorney General and the General Assembly, (iii) any primary for federal office including any primary for the nomination of candidates for the office of President of the United States, or (iv) any federal special election to fill a vacancy in the United States Senate or the United States House of Representatives. In the event of a state of emergency declared by the Governor pursuant to Chapter 3.2 (\u00a7 44-146.13 et seq.) of Title 44 or declared by the President of the United States or the governor of another state pursuant to law and confirmed by the Governor by an executive order, the Governor may postpone an election by executive order in areas affected by the emergency to a date, notwithstanding the provisions of \u00a7 24.2-682, not to exceed 14 days from the original date of the election.\n\t\tIf a local governing body determines that a longer postponement is required, it may petition a three-judge panel of the Virginia Supreme Court, to include the Chief Justice as the presiding Justice, for an extension. The Chief Justice shall choose the other two Justices by lot. The Court may postpone the election to a date it deems appropriate, notwithstanding the provisions of \u00a7 24.2-682, not to exceed 30 days from the original date of the election.\n\t\tOnly those persons duly registered to vote as of the original date of the election shall be entitled to vote in the rescheduled election.\n\t\tIf, as a direct result of the emergency, any ballots already cast at the polling places or equipment on which ballots have been cast, or any voted absentee ballots already received by the appropriate election officials or any equipment on which absentee ballots have already been cast have been destroyed or otherwise damaged so that such ballots cannot be counted manually or by a voting system, the Governor (i) shall specify that such ballots or votes previously cast by machinery or paper need to be recast on or by the rescheduled election date so that they may be counted and (ii) shall direct the appropriate election officials to immediately send replacement absentee ballots to all absentee voters whose voted ballots are known to have been so destroyed or damaged. Such instructions may be issued by executive order separately from the executive order postponing the election. Any absentee ballots duly cast and received by the rescheduled election date and able to be counted shall be valid and counted when determining the results of the rescheduled election; however, if more than one absentee ballot is received from any voter, only the first absentee ballot received and able to be counted shall be counted. Any person who was duly registered to vote as of the original date of the election, and who has not voted, or who is permitted to recast their ballot due to the emergency, may vote by absentee ballot in accordance with the provisions of Chapter 7 (\u00a7 24.2-700 et seq.) in the rescheduled election. Official ballots shall not be invalidated on the basis that they contain the original election date.\n\t\tIf the postponement of the election is ordered after voting at the polls on the original election date has already commenced, all qualified voters in a precinct in which any voted ballots, voting equipment containing voted ballots or pollbooks recording who has already voted in that precinct have been destroyed or damaged as a direct result of the emergency, so that the votes cannot be counted or it cannot be determined who has already voted, shall be allowed to vote in the rescheduled election, and no votes cast at the polls on the original election date shall be counted. If the postponement of the election is ordered after voting at the polls on the original election date has already commenced and no ballots cast at the polls, voting equipment containing voted ballots, or pollbooks recording who has already voted in that election in that precinct have been destroyed or damaged as a direct result of the emergency, only qualified voters who had not yet voted shall be eligible to vote on the rescheduled election day and all votes cast on the original and postponed election dates shall be counted at the close of the polls on the rescheduled election day.\n\t\tThe provisions of \u00a7 24.2-663 requiring the voiding of all ballots received from any voter who votes more than once in the same election shall not apply to ballots otherwise lawfully cast or recast pursuant to this section; however, no more than one ballot may be counted from any voter in the same election. If one ballot has already been counted, any additional ballots from the same voter shall be void and shall not be counted. The provisions of \u00a7 24.2-1004 or any other law prohibiting any voter from voting more than once in the same election, or any oath attesting to the same, shall not apply to ballots otherwise lawfully cast or recast pursuant to this section.\n\t\tNo results shall be tallied or votes counted in any postponed election before the closing of the polls on the rescheduled election date. Officers of election in unaffected areas shall count and report the results for the postponed election after the close of the polls on the rescheduled election date. The counting may take place at the precinct or another location determined by the local electoral board.\n\t\tThe State Board shall prescribe appropriate procedures to implement this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13428,"edition_id":1,"name":"General Provisions; Polling Places","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13022,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":188397,"object_type":"structure","relational_id":13428,"identifier":"1","token":"24.2\/6\/1","url":"\/24.2\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13022,"edition_id":1,"name":"The Election","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":188395,"object_type":"structure","relational_id":13022,"identifier":"6","token":"24.2\/6","url":"\/24.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80383,"structure_id":13428,"section_number":"24.2-600","catch_line":"Cost of elections","url":"\/24.2-600\/","token":"24.2\/6\/1\/24.2-600","metadata":false},{"id":87129,"structure_id":13428,"section_number":"24.2-601","catch_line":"Town election process","url":"\/24.2-601\/","token":"24.2\/6\/1\/24.2-601","metadata":false},{"id":55607,"structure_id":13428,"section_number":"24.2-602","catch_line":"Exemption for ballots and election materials from certain purchasing and procurement requirements","url":"\/24.2-602\/","token":"24.2\/6\/1\/24.2-602","metadata":false},{"id":54395,"structure_id":13428,"section_number":"24.2-603","catch_line":"Hours polls to be open; closing the polls","url":"\/24.2-603\/","token":"24.2\/6\/1\/24.2-603","metadata":false},{"id":79039,"structure_id":13428,"section_number":"24.2-603.1","catch_line":"Postponement of certain elections; state of emergency","url":"\/24.2-603.1\/","token":"24.2\/6\/1\/24.2-603.1","metadata":false},{"id":56096,"structure_id":13428,"section_number":"24.2-604","catch_line":"Polling places; prohibited activities; prohibited area; penalties","url":"\/24.2-604\/","token":"24.2\/6\/1\/24.2-604","metadata":false},{"id":61571,"structure_id":13428,"section_number":"24.2-604.1","catch_line":"Signs for special entrances to polling places","url":"\/24.2-604.1\/","token":"24.2\/6\/1\/24.2-604.1","metadata":false},{"id":59264,"structure_id":13428,"section_number":"24.2-604.2","catch_line":"Polling places; prohibited area; emergency situations","url":"\/24.2-604.2\/","token":"24.2\/6\/1\/24.2-604.2","metadata":false},{"id":76766,"structure_id":13428,"section_number":"24.2-604.3","catch_line":"Election day page program; high school students","url":"\/24.2-604.3\/","token":"24.2\/6\/1\/24.2-604.3","metadata":false},{"id":68941,"structure_id":13428,"section_number":"24.2-604.4","catch_line":"Polling places; authorized representatives of party or candidate; prohibited activities","url":"\/24.2-604.4\/","token":"24.2\/6\/1\/24.2-604.4","metadata":false},{"id":74440,"structure_id":13428,"section_number":"24.2-604.5","catch_line":"Polling places; presence of additional persons authorized","url":"\/24.2-604.5\/","token":"24.2\/6\/1\/24.2-604.5","metadata":false},{"id":66898,"structure_id":13428,"section_number":"24.2-604.6","catch_line":"Polling places; simulated election activities","url":"\/24.2-604.6\/","token":"24.2\/6\/1\/24.2-604.6","metadata":false},{"id":67277,"structure_id":13428,"section_number":"24.2-605","catch_line":"Loudspeakers prohibited at polls; penalty","url":"\/24.2-605\/","token":"24.2\/6\/1\/24.2-605","metadata":false},{"id":76559,"structure_id":13428,"section_number":"24.2-606","catch_line":"Preservation of order at elections","url":"\/24.2-606\/","token":"24.2\/6\/1\/24.2-606","metadata":false},{"id":62119,"structure_id":13428,"section_number":"24.2-607","catch_line":"Prohibited conduct; intimidation of voters; disturbance of election; how prevented; penalties","url":"\/24.2-607\/","token":"24.2\/6\/1\/24.2-607","metadata":false},{"id":79480,"structure_id":13428,"section_number":"24.2-608","catch_line":"Officers to decide order of voting","url":"\/24.2-608\/","token":"24.2\/6\/1\/24.2-608","metadata":false},{"id":57464,"structure_id":13428,"section_number":"24.2-609","catch_line":"Voting booths","url":"\/24.2-609\/","token":"24.2\/6\/1\/24.2-609","metadata":false},{"id":84879,"structure_id":13428,"section_number":"24.2-610","catch_line":"Materials at polling places","url":"\/24.2-610\/","token":"24.2\/6\/1\/24.2-610","metadata":false},{"id":74260,"structure_id":13428,"section_number":"24.2-611","catch_line":"Form and signing of pollbooks; records of persons voting; electronic pollbooks","url":"\/24.2-611\/","token":"24.2\/6\/1\/24.2-611","metadata":false}],"previous_section":{"id":54395,"structure_id":13428,"section_number":"24.2-603","catch_line":"Hours polls to be open; closing the polls","url":"\/24.2-603\/","token":"24.2\/6\/1\/24.2-603","metadata":false},"next_section":{"id":56096,"structure_id":13428,"section_number":"24.2-604","catch_line":"Polling places; prohibited activities; prohibited area; penalties","url":"\/24.2-604\/","token":"24.2\/6\/1\/24.2-604","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-603.1\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0785\">785<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0819\">819<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0205\">205<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0540\">540<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0576\">576<\/a>.<\/p>","references":false,"refers_to":[{"id":63831,"section_number":"24.2-1004","catch_line":"Illegal voting and registrations","order_by":null,"url":"\/24.2-1004\/"},{"id":74030,"section_number":"24.2-663","catch_line":"When ballot void","order_by":null,"url":"\/24.2-663\/"},{"id":77612,"section_number":"24.2-682","catch_line":"Times for special elections","order_by":null,"url":"\/24.2-682\/"},{"id":69610,"section_number":"24.2-700","catch_line":"Persons entitled to vote by absentee ballot","order_by":null,"url":"\/24.2-700\/"},{"id":83808,"section_number":"44-146.13","catch_line":"Short title","order_by":null,"url":"\/44-146.13\/"}],"permalink":{"id":188415,"object_type":"law","relational_id":79039,"identifier":"24.2-603.1","token":"24.2\/6\/1\/24.2-603.1","url":"\/24.2-603.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-603.1\/","token":"24.2\/6\/1\/24.2-603.1","dublin_core":{"Title":"Postponement of certain elections; state of emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-603.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>For purposes of this section, &#8220;election&#8221; means (i) any local or state <span class=\"dictionary\">referendum<\/span>, (ii) any <span class=\"dictionary\">primary<\/span>, special, or <span class=\"dictionary\">general election<\/span> for local or state office except a <span class=\"dictionary\">general election<\/span> for Governor, Lieutenant Governor, <span class=\"dictionary\">Attorney General<\/span> and the General Assembly, (iii) any <span class=\"dictionary\">primary<\/span> for federal office including any <span class=\"dictionary\">primary<\/span> for the nomination of <span class=\"dictionary\">candidates<\/span> for the office of President of the United States, or (iv) any federal <span class=\"dictionary\">special election<\/span> to fill a vacancy in the United States Senate or the United States House of Representatives. In the event of a state of emergency declared by the Governor pursuant to Chapter 3.2 (\u00a7&nbsp;<a class=\"law\" title=\"Short title\" href=\"\/44-146.13\/\">44-146.13<\/a> et seq.) of Title 44 or declared by the President of the United States or the governor of another state pursuant to <span class=\"dictionary\">law<\/span> and confirmed by the Governor by an executive <span class=\"dictionary\">order<\/span>, the Governor may postpone an election by executive <span class=\"dictionary\">order<\/span> in areas affected by the emergency to a date, notwithstanding the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Times for special elections\" href=\"\/24.2-682\/\">24.2-682<\/a>, not to exceed 14 days from the original date of the election.\n\t\tIf a local governing body determines that a longer postponement is required, it may <span class=\"dictionary\">petition<\/span> a three-<span class=\"dictionary\">judge<\/span> <span class=\"dictionary\">panel<\/span> of the Virginia Supreme <span class=\"dictionary\">Court<\/span>, to include the Chief Justice as the presiding Justice, for an extension. The Chief Justice shall choose the other two Justices by lot. The <span class=\"dictionary\">Court<\/span> may postpone the election to a date it deems appropriate, notwithstanding the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Times for special elections\" href=\"\/24.2-682\/\">24.2-682<\/a>, not to exceed 30 days from the original date of the election.\n\t\tOnly those persons duly registered to vote as of the original date of the election shall be entitled to vote in the rescheduled election.\n\t\tIf, as a direct result of the emergency, any ballots already cast at the <span class=\"dictionary\">polling places<\/span> or equipment on which ballots have been cast, or any voted absentee ballots already received by the appropriate election officials or any equipment on which absentee ballots have already been cast have been destroyed or otherwise damaged so that such ballots cannot be counted manually or by a <span class=\"dictionary\">voting system<\/span>, the Governor (i) shall specify that such ballots or votes previously cast by machinery or paper need to be recast on or by the rescheduled election date so that they may be counted and (ii) shall direct the appropriate election officials to immediately send replacement absentee ballots to all absentee voters whose voted ballots are known to have been so destroyed or damaged. Such instructions may be issued by executive <span class=\"dictionary\">order<\/span> separately from the executive <span class=\"dictionary\">order<\/span> postponing the election. Any absentee ballots duly cast and received by the rescheduled election date and able to be counted shall be valid and counted when determining the results of the rescheduled election; however, if more than one absentee ballot is received from any voter, only the first absentee ballot received and able to be counted shall be counted. Any person who was duly registered to vote as of the original date of the election, and who has not voted, or who is permitted to recast their ballot due to the emergency, may vote by absentee ballot in accordance with the provisions of Chapter 7 (\u00a7&nbsp;<a class=\"law\" title=\"Persons entitled to vote by absentee ballot\" href=\"\/24.2-700\/\">24.2-700<\/a> et seq.) in the rescheduled election. Official ballots shall not be invalidated on the basis that they contain the original election date.\n\t\tIf the postponement of the election is ordered after voting at the polls on the original election date has already commenced, all <span class=\"dictionary\">qualified voters<\/span> in a <span class=\"dictionary\">precinct<\/span> in which any voted ballots, voting equipment containing voted ballots or pollbooks recording who has already voted in that <span class=\"dictionary\">precinct<\/span> have been destroyed or damaged as a direct result of the emergency, so that the votes cannot be counted or it cannot be determined who has already voted, shall be allowed to vote in the rescheduled election, and no votes cast at the polls on the original election date shall be counted. If the postponement of the election is ordered after voting at the polls on the original election date has already commenced and no ballots cast at the polls, voting equipment containing voted ballots, or pollbooks recording who has already voted in that election in that <span class=\"dictionary\">precinct<\/span> have been destroyed or damaged as a direct result of the emergency, only <span class=\"dictionary\">qualified voters<\/span> who had not yet voted shall be eligible to vote on the rescheduled election day and all votes cast on the original and postponed election dates shall be counted at the close of the polls on the rescheduled election day.\n\t\tThe provisions of \u00a7&nbsp;<a class=\"law\" title=\"When ballot void\" href=\"\/24.2-663\/\">24.2-663<\/a> requiring the voiding of all ballots received from any voter who votes more than once in the same election shall not apply to ballots otherwise lawfully cast or recast pursuant to this section; however, no more than one ballot may be counted from any voter in the same election. If one ballot has already been counted, any additional ballots from the same voter shall be void and shall not be counted. The provisions of \u00a7&nbsp;<a class=\"law\" title=\"Illegal voting and registrations\" href=\"\/24.2-1004\/\">24.2-1004<\/a> or any other <span class=\"dictionary\">law<\/span> prohibiting any voter from voting more than once in the same election, or any <span class=\"dictionary\">oath<\/span> attesting to the same, shall not apply to ballots otherwise lawfully cast or recast pursuant to this section.\n\t\tNo results shall be tallied or votes counted in any postponed election before the closing of the polls on the rescheduled election date. Officers of election in unaffected areas shall count and report the results for the postponed election after the close of the polls on the rescheduled election date. The counting may take place at the <span class=\"dictionary\">precinct<\/span> or another location determined by the <span class=\"dictionary\">local electoral board<\/span>.\n\t\tThe <span class=\"dictionary\">State Board<\/span> shall prescribe appropriate procedures to implement this section.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOSTPONEMENT OF CERTAIN ELECTIONS; STATE OF EMERGENCY (\u00a7 24.2-603.1)\n\nFor purposes of this section, &#8220;election&#8221; means (i) any local or\nstate referendum, (ii) any primary, special, or general election for local or\nstate office except a general election for Governor, Lieutenant Governor,\nAttorney General and the General Assembly, (iii) any primary for federal office\nincluding any primary for the nomination of candidates for the office of\nPresident of the United States, or (iv) any federal special election to fill a\nvacancy in the United States Senate or the United States House of\nRepresentatives. In the event of a state of emergency declared by the Governor\npursuant to Chapter 3.2 (\u00a7 44-146.13 et seq.) of Title 44 or declared by the\nPresident of the United States or the governor of another state pursuant to law\nand confirmed by the Governor by an executive order, the Governor may postpone\nan election by executive order in areas affected by the emergency to a date,\nnotwithstanding the provisions of \u00a7 24.2-682, not to exceed 14 days from the\noriginal date of the election.\n\t\tIf a local governing body determines that a longer postponement is required,\nit may petition a three-judge panel of the Virginia Supreme Court, to include\nthe Chief Justice as the presiding Justice, for an extension. The Chief Justice\nshall choose the other two Justices by lot. The Court may postpone the election\nto a date it deems appropriate, notwithstanding the provisions of \u00a7 24.2-682,\nnot to exceed 30 days from the original date of the election.\n\t\tOnly those persons duly registered to vote as of the original date of the\nelection shall be entitled to vote in the rescheduled election.\n\t\tIf, as a direct result of the emergency, any ballots already cast at the\npolling places or equipment on which ballots have been cast, or any voted\nabsentee ballots already received by the appropriate election officials or any\nequipment on which absentee ballots have already been cast have been destroyed\nor otherwise damaged so that such ballots cannot be counted manually or by a\nvoting system, the Governor (i) shall specify that such ballots or votes\npreviously cast by machinery or paper need to be recast on or by the rescheduled\nelection date so that they may be counted and (ii) shall direct the appropriate\nelection officials to immediately send replacement absentee ballots to all\nabsentee voters whose voted ballots are known to have been so destroyed or\ndamaged. Such instructions may be issued by executive order separately from the\nexecutive order postponing the election. Any absentee ballots duly cast and\nreceived by the rescheduled election date and able to be counted shall be valid\nand counted when determining the results of the rescheduled election; however,\nif more than one absentee ballot is received from any voter, only the first\nabsentee ballot received and able to be counted shall be counted. Any person who\nwas duly registered to vote as of the original date of the election, and who has\nnot voted, or who is permitted to recast their ballot due to the emergency, may\nvote by absentee ballot in accordance with the provisions of Chapter 7 (\u00a7\n24.2-700 et seq.) in the rescheduled election. Official ballots shall not be\ninvalidated on the basis that they contain the original election date.\n\t\tIf the postponement of the election is ordered after voting at the polls on\nthe original election date has already commenced, all qualified voters in a\nprecinct in which any voted ballots, voting equipment containing voted ballots\nor pollbooks recording who has already voted in that precinct have been\ndestroyed or damaged as a direct result of the emergency, so that the votes\ncannot be counted or it cannot be determined who has already voted, shall be\nallowed to vote in the rescheduled election, and no votes cast at the polls on\nthe original election date shall be counted. If the postponement of the election\nis ordered after voting at the polls on the original election date has already\ncommenced and no ballots cast at the polls, voting equipment containing voted\nballots, or pollbooks recording who has already voted in that election in that\nprecinct have been destroyed or damaged as a direct result of the emergency,\nonly qualified voters who had not yet voted shall be eligible to vote on the\nrescheduled election day and all votes cast on the original and postponed\nelection dates shall be counted at the close of the polls on the rescheduled\nelection day.\n\t\tThe provisions of \u00a7 24.2-663 requiring the voiding of all ballots received\nfrom any voter who votes more than once in the same election shall not apply to\nballots otherwise lawfully cast or recast pursuant to this section; however, no\nmore than one ballot may be counted from any voter in the same election. If one\nballot has already been counted, any additional ballots from the same voter\nshall be void and shall not be counted. The provisions of \u00a7 24.2-1004 or any\nother law prohibiting any voter from voting more than once in the same election,\nor any oath attesting to the same, shall not apply to ballots otherwise lawfully\ncast or recast pursuant to this section.\n\t\tNo results shall be tallied or votes counted in any postponed election before\nthe closing of the polls on the rescheduled election date. Officers of election\nin unaffected areas shall count and report the results for the postponed\nelection after the close of the polls on the rescheduled election date. The\ncounting may take place at the precinct or another location determined by the\nlocal electoral board.\n\t\tThe State Board shall prescribe appropriate procedures to implement this\nsection.\n\nHISTORY: 2002, cc. 785, 819; 2004, c. 205; 2014, cc. 540, 576.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}