{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-708.html"}],"law_id":54596,"edition_id":1,"section_id":54596,"structure_id":13627,"section_number":"24.2-708","catch_line":"Return of unused ballots; voting by applicant who did not receive or lost ballot; defaced ballots","history":"Code 1950, \u00a7\u00a7 24-336, 24-340.1; 1954, c. 511; 1970, c. 462, \u00a7 24.1-233; 1974, c. 428; 1978, c. 778; 1993, c. 641; 1999, c. 725; 2006, c. 283; 2010, c. 348; 2012, c. 645; 2014, c. 600; 2015, cc. 644, 645; 2021, Sp. Sess. I, c. 471.","full_text":"A\n\nAny person who has applied for and received an absentee ballot may choose not to vote absentee and shall be entitled to cast a ballot in accordance with the provisions of this subsection.1\n\nThe voter may, prior to the day of the election, return the ballot to the general registrar (i) unopened in the sealed envelope in which it was sent to him or (ii) opened and unmarked.\n\t\t\t\tThe general registrar shall note on the voter&#8217;s record, opposite the name of the voter, the fact that the ballot was returned unused and the date of the return and shall carefully preserve the ballot with all ballots returned unused. Such ballots shall be delivered, with other returned ballots, to the officers of election on election day. The voter shall then be entitled to vote a regular ballot in the office of the general registrar, or he may choose to vote at his proper polling place or at a central absentee voter precinct on the day of the election. On the day of the election, (a) if the general registrar or an officer of election is able to confirm the return of the unused ballot, the voter shall be entitled to vote a regular ballot and (b) if the general registrar or an officer of election is unable to confirm the return of the unused ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.2\n\nThe voter may, on the day of the election, return his unused ballot to his proper polling place or central absentee voter precinct, and the unused ballot shall be preserved with other unused ballots. The voter shall then be entitled to vote a regular ballot.3\n\nThe voter may, on the day of the election, offer to vote at his proper polling place or at a central absentee voter precinct without returning his unused ballot, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.B\n\nAny person who has applied for and has been sent an absentee ballot but does not receive the ballot or loses the ballot shall be entitled to cast a ballot in accordance with the provisions of this subsection.1\n\nThe voter may, prior to the day of the election, present to the general registrar or officer of election a statement signed by him that he did not receive the ballot or has lost the ballot. Such statement shall be made subject to felony penalties for making false statements as pursuant to &#xA7; 24.2-1016, and the voter shall then be entitled to cast a regular ballot.2\n\nThe voter may, on the day of the election, offer to vote at his proper polling place or at a central absentee voter precinct, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.C\n\nAny person who has applied for and has been sent an absentee ballot that has been unintentionally or accidentally defaced and rendered unfit for voting shall be entitled to cast a ballot in accordance with the provisions of this subsection.1\n\nThe voter may, prior to the day of the election, present the defaced ballot to the general registrar or an officer of election, and the ballot shall be marked spoiled by the general registrar or an officer of election and placed in a spoiled-ballot envelope to be retained with the ballots for the election. The voter shall then be entitled to vote a regular ballot in the office of the general registrar, or he may choose to vote at his proper polling place or at a central absentee voter precinct on the day of the election. On the day of the election, (i) if the general registrar or an officer of election is able to confirm the return of the defaced ballot, the voter shall be entitled to vote a regular ballot and (ii) if the general registrar or an officer of election is unable to confirm the return of the defaced ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.2\n\nThe voter may, on the day of the election, present his defaced or unfit ballot to his proper polling place or central absentee voter precinct, and the defaced or unfit ballot shall be preserved with other spoiled ballots. The voter shall then be entitled to vote a regular ballot.","order_by":null,"text":{"0":{"id":200460,"text":"Any person who has applied for and received an absentee ballot may choose not to vote absentee and shall be entitled to cast a ballot in accordance with the provisions of this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":200461,"text":"The voter may, prior to the day of the election, return the ballot to the general registrar (i) unopened in the sealed envelope in which it was sent to him or (ii) opened and unmarked.\n\t\t\t\tThe general registrar shall note on the voter&#8217;s record, opposite the name of the voter, the fact that the ballot was returned unused and the date of the return and shall carefully preserve the ballot with all ballots returned unused. Such ballots shall be delivered, with other returned ballots, to the officers of election on election day. The voter shall then be entitled to vote a regular ballot in the office of the general registrar, or he may choose to vote at his proper polling place or at a central absentee voter precinct on the day of the election. On the day of the election, (a) if the general registrar or an officer of election is able to confirm the return of the unused ballot, the voter shall be entitled to vote a regular ballot and (b) if the general registrar or an officer of election is unable to confirm the return of the unused ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":200462,"text":"The voter may, on the day of the election, return his unused ballot to his proper polling place or central absentee voter precinct, and the unused ballot shall be preserved with other unused ballots. The voter shall then be entitled to vote a regular ballot.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":200463,"text":"The voter may, on the day of the election, offer to vote at his proper polling place or at a central absentee voter precinct without returning his unused ballot, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":200464,"text":"Any person who has applied for and has been sent an absentee ballot but does not receive the ballot or loses the ballot shall be entitled to cast a ballot in accordance with the provisions of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":200465,"text":"The voter may, prior to the day of the election, present to the general registrar or officer of election a statement signed by him that he did not receive the ballot or has lost the ballot. Such statement shall be made subject to felony penalties for making false statements as pursuant to &#xA7; 24.2-1016, and the voter shall then be entitled to cast a regular ballot.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":200466,"text":"The voter may, on the day of the election, offer to vote at his proper polling place or at a central absentee voter precinct, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"7":{"id":200467,"text":"Any person who has applied for and has been sent an absentee ballot that has been unintentionally or accidentally defaced and rendered unfit for voting shall be entitled to cast a ballot in accordance with the provisions of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"8":{"id":200468,"text":"The voter may, prior to the day of the election, present the defaced ballot to the general registrar or an officer of election, and the ballot shall be marked spoiled by the general registrar or an officer of election and placed in a spoiled-ballot envelope to be retained with the ballots for the election. The voter shall then be entitled to vote a regular ballot in the office of the general registrar, or he may choose to vote at his proper polling place or at a central absentee voter precinct on the day of the election. On the day of the election, (i) if the general registrar or an officer of election is able to confirm the return of the defaced ballot, the voter shall be entitled to vote a regular ballot and (ii) if the general registrar or an officer of election is unable to confirm the return of the defaced ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"9":{"id":200469,"text":"The voter may, on the day of the election, present his defaced or unfit ballot to his proper polling place or central absentee voter precinct, and the defaced or unfit ballot shall be preserved with other spoiled ballots. The voter shall then be entitled to vote a regular ballot.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"ancestry":[{"id":13627,"edition_id":1,"name":"Absentee Voting","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:45:25","date_modified":"2026-06-26 03:45:25","permalink":{"id":188855,"object_type":"structure","relational_id":13627,"identifier":"7","token":"24.2\/7","url":"\/24.2\/7\/","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":69610,"structure_id":13627,"section_number":"24.2-700","catch_line":"Persons entitled to vote by absentee ballot","url":"\/24.2-700\/","token":"24.2\/7\/24.2-700","metadata":false},{"id":84793,"structure_id":13627,"section_number":"24.2-700.1","catch_line":"Persons entitled to vote by absentee ballot; persons confined awaiting trial or for conviction of a misdemeanor","url":"\/24.2-700.1\/","token":"24.2\/7\/24.2-700.1","metadata":false},{"id":60154,"structure_id":13627,"section_number":"24.2-701","catch_line":"Application for absentee ballot","url":"\/24.2-701\/","token":"24.2\/7\/24.2-701","metadata":false},{"id":85860,"structure_id":13627,"section_number":"24.2-701.1","catch_line":"Absentee voting in person","url":"\/24.2-701.1\/","token":"24.2\/7\/24.2-701.1","metadata":false},{"id":84700,"structure_id":13627,"section_number":"24.2-701.2","catch_line":"Absentee voting in person; voter satellite offices","url":"\/24.2-701.2\/","token":"24.2\/7\/24.2-701.2","metadata":false},{"id":54857,"structure_id":13627,"section_number":"24.2-702","catch_line":"Repealed","url":"\/24.2-702\/","token":"24.2\/7\/24.2-702","metadata":false},{"id":86385,"structure_id":13627,"section_number":"24.2-702.1","catch_line":"Federal write-in absentee ballots","url":"\/24.2-702.1\/","token":"24.2\/7\/24.2-702.1","metadata":false},{"id":70207,"structure_id":13627,"section_number":"24.2-703","catch_line":"Application for absentee ballots for multiple elections for uniformed and overseas voters","url":"\/24.2-703\/","token":"24.2\/7\/24.2-703","metadata":false},{"id":56138,"structure_id":13627,"section_number":"24.2-703.1","catch_line":"Permanent absentee voter list","url":"\/24.2-703.1\/","token":"24.2\/7\/24.2-703.1","metadata":false},{"id":65968,"structure_id":13627,"section_number":"24.2-703.2","catch_line":"Replacement absentee ballots for certain disabled or ill voters; penalty","url":"\/24.2-703.2\/","token":"24.2\/7\/24.2-703.2","metadata":false},{"id":79861,"structure_id":13627,"section_number":"24.2-704","catch_line":"Applications and ballots for persons requiring assistance in voting; penalty","url":"\/24.2-704\/","token":"24.2\/7\/24.2-704","metadata":false},{"id":61415,"structure_id":13627,"section_number":"24.2-705","catch_line":"Emergency applications and absentee ballots for individual emergencies","url":"\/24.2-705\/","token":"24.2\/7\/24.2-705","metadata":false},{"id":55549,"structure_id":13627,"section_number":"24.2-705.1","catch_line":"Repealed","url":"\/24.2-705.1\/","token":"24.2\/7\/24.2-705.1","metadata":false},{"id":60228,"structure_id":13627,"section_number":"24.2-706","catch_line":"Duty of general registrar on receipt of application; statement of voter","url":"\/24.2-706\/","token":"24.2\/7\/24.2-706","metadata":false},{"id":70050,"structure_id":13627,"section_number":"24.2-707","catch_line":"How ballots marked and returned","url":"\/24.2-707\/","token":"24.2\/7\/24.2-707","metadata":false},{"id":55257,"structure_id":13627,"section_number":"24.2-707.1","catch_line":"Drop-off locations for return of absentee ballots","url":"\/24.2-707.1\/","token":"24.2\/7\/24.2-707.1","metadata":false},{"id":54596,"structure_id":13627,"section_number":"24.2-708","catch_line":"Return of unused ballots; voting by applicant who did not receive or lost ballot; defaced ballots","url":"\/24.2-708\/","token":"24.2\/7\/24.2-708","metadata":false},{"id":57665,"structure_id":13627,"section_number":"24.2-709","catch_line":"Ballot to be returned in manner prescribed by law","url":"\/24.2-709\/","token":"24.2\/7\/24.2-709","metadata":false},{"id":60441,"structure_id":13627,"section_number":"24.2-709.1","catch_line":"Processing returned absentee ballots before election day; cure process","url":"\/24.2-709.1\/","token":"24.2\/7\/24.2-709.1","metadata":false},{"id":63927,"structure_id":13627,"section_number":"24.2-710","catch_line":"Absentee voter applicant lists","url":"\/24.2-710\/","token":"24.2\/7\/24.2-710","metadata":false},{"id":84940,"structure_id":13627,"section_number":"24.2-711","catch_line":"Duties of electoral board, general registrar, and officers of election","url":"\/24.2-711\/","token":"24.2\/7\/24.2-711","metadata":false},{"id":76028,"structure_id":13627,"section_number":"24.2-711.1","catch_line":"Absentee ballots; confirmation of receipt; notice of reason for rejection","url":"\/24.2-711.1\/","token":"24.2\/7\/24.2-711.1","metadata":false},{"id":59219,"structure_id":13627,"section_number":"24.2-712","catch_line":"Central absentee voter precincts; counting ballots","url":"\/24.2-712\/","token":"24.2\/7\/24.2-712","metadata":false},{"id":60075,"structure_id":13627,"section_number":"24.2-713","catch_line":"Emergency authority of the Commissioner of Elections","url":"\/24.2-713\/","token":"24.2\/7\/24.2-713","metadata":false}],"previous_section":{"id":55257,"structure_id":13627,"section_number":"24.2-707.1","catch_line":"Drop-off locations for return of absentee ballots","url":"\/24.2-707.1\/","token":"24.2\/7\/24.2-707.1","metadata":false},"next_section":{"id":57665,"structure_id":13627,"section_number":"24.2-709","catch_line":"Ballot to be returned in manner prescribed by law","url":"\/24.2-709\/","token":"24.2\/7\/24.2-709","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-708\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1954, chapter 511; in 1970, chapter 462; in 1974, chapter 428; in 1978, chapter 778; in 1993, chapter 641; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0725\">725<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0283\">283<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0348\">348<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0645\">645<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0600\">600<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0644\">644<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0645\">645<\/a>.<\/p>","references":false,"refers_to":[{"id":86258,"section_number":"24.2-1016","catch_line":"False statements; penalties","order_by":null,"url":"\/24.2-1016\/"}],"permalink":{"id":188921,"object_type":"law","relational_id":54596,"identifier":"24.2-708","token":"24.2\/7\/24.2-708","url":"\/24.2-708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-708\/","token":"24.2\/7\/24.2-708","dublin_core":{"Title":"Return of unused ballots; voting by applicant who did not receive or lost ballot; defaced ballots","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any person who has applied for and received an absentee ballot may choose not to vote absentee and shall be entitled to cast a ballot in accordance with the provisions of this subsection. <a id=\"paragraph-200460\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The voter may, prior to the day of the election, return the ballot to the <span class=\"dictionary\">general registrar<\/span> (i) unopened in the <span class=\"dictionary\">sealed<\/span> envelope in which it was sent to him or (ii) opened and unmarked.\n\t\t\t\tThe <span class=\"dictionary\">general registrar<\/span> shall note on the voter&#8217;s record, opposite the name of the voter, the <span class=\"dictionary\">fact<\/span> that the ballot was returned unused and the date of the return and shall carefully preserve the ballot with all ballots returned unused. Such ballots shall be delivered, with other returned ballots, to the officers of election on election day. The voter shall then be entitled to vote a regular ballot in the office of the <span class=\"dictionary\">general registrar<\/span>, or he may choose to vote at his proper <span class=\"dictionary\">polling place<\/span> or at a <span class=\"dictionary\">central absentee voter precinct<\/span> on the day of the election. On the day of the election, (a) if the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span> is able to confirm the return of the unused ballot, the voter shall be entitled to vote a regular ballot and (b) if the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span> is unable to confirm the return of the unused ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; <a class=\"law\" title=\"Voters who did not receive absentee ballots; provisional ballots\" href=\"\/24.2-653.1\/\">24.2-653.1<\/a>. <a id=\"paragraph-200461\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The voter may, on the day of the election, return his unused ballot to his proper <span class=\"dictionary\">polling place<\/span> or <span class=\"dictionary\">central absentee voter precinct<\/span>, and the unused ballot shall be preserved with other unused ballots. The voter shall then be entitled to vote a regular ballot. <a id=\"paragraph-200462\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The voter may, on the day of the election, offer to vote at his proper <span class=\"dictionary\">polling place<\/span> or at a <span class=\"dictionary\">central absentee voter precinct<\/span> without returning his unused ballot, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; <a class=\"law\" title=\"Voters who did not receive absentee ballots; provisional ballots\" href=\"\/24.2-653.1\/\">24.2-653.1<\/a>. <a id=\"paragraph-200463\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any person who has applied for and has been sent an absentee ballot but does not receive the ballot or loses the ballot shall be entitled to cast a ballot in accordance with the provisions of this subsection. <a id=\"paragraph-200464\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The voter may, prior to the day of the election, present to the <span class=\"dictionary\">general registrar<\/span> or <span class=\"dictionary\">officer of election<\/span> a statement signed by him that he did not receive the ballot or has lost the ballot. Such statement shall be made subject to <span class=\"dictionary\">felony<\/span> penalties for making false statements as pursuant to &#xA7; <a class=\"law\" title=\"False statements; penalties\" href=\"\/24.2-1016\/\">24.2-1016<\/a>, and the voter shall then be entitled to cast a regular ballot. <a id=\"paragraph-200465\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The voter may, on the day of the election, offer to vote at his proper <span class=\"dictionary\">polling place<\/span> or at a <span class=\"dictionary\">central absentee voter precinct<\/span>, and he shall be entitled to cast a provisional ballot pursuant to &#xA7; <a class=\"law\" title=\"Voters who did not receive absentee ballots; provisional ballots\" href=\"\/24.2-653.1\/\">24.2-653.1<\/a>. <a id=\"paragraph-200466\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any person who has applied for and has been sent an absentee ballot that has been unintentionally or accidentally defaced and rendered unfit for voting shall be entitled to cast a ballot in accordance with the provisions of this subsection. <a id=\"paragraph-200467\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The voter may, prior to the day of the election, present the defaced ballot to the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span>, and the ballot shall be marked spoiled by the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span> and placed in a spoiled-ballot envelope to be retained with the ballots for the election. The voter shall then be entitled to vote a regular ballot in the office of the <span class=\"dictionary\">general registrar<\/span>, or he may choose to vote at his proper <span class=\"dictionary\">polling place<\/span> or at a <span class=\"dictionary\">central absentee voter precinct<\/span> on the day of the election. On the day of the election, (i) if the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span> is able to confirm the return of the defaced ballot, the voter shall be entitled to vote a regular ballot and (ii) if the <span class=\"dictionary\">general registrar<\/span> or an <span class=\"dictionary\">officer of election<\/span> is unable to confirm the return of the defaced ballot, the voter shall be entitled to cast a provisional ballot pursuant to &#xA7; <a class=\"law\" title=\"Voters who did not receive absentee ballots; provisional ballots\" href=\"\/24.2-653.1\/\">24.2-653.1<\/a>. <a id=\"paragraph-200468\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The voter may, on the day of the election, present his defaced or unfit ballot to his proper <span class=\"dictionary\">polling place<\/span> or <span class=\"dictionary\">central absentee voter precinct<\/span>, and the defaced or unfit ballot shall be preserved with other spoiled ballots. The voter shall then be entitled to vote a regular ballot. <a id=\"paragraph-200469\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-708\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRETURN OF UNUSED BALLOTS; VOTING BY APPLICANT WHO DID NOT RECEIVE OR LOST\nBALLOT; DEFACED BALLOTS (\u00a7 24.2-708)\n\nA. Any person who has applied for and received an absentee ballot may choose not\nto vote absentee and shall be entitled to cast a ballot in accordance with the\nprovisions of this subsection.\n\n   1. The voter may, prior to the day of the election, return the ballot to the\n   general registrar (i) unopened in the sealed envelope in which it was sent to\n   him or (ii) opened and unmarked.\n   \t\t\t\tThe general registrar shall note on the voter&#8217;s record, opposite the\n   name of the voter, the fact that the ballot was returned unused and the date\n   of the return and shall carefully preserve the ballot with all ballots\n   returned unused. Such ballots shall be delivered, with other returned ballots,\n   to the officers of election on election day. The voter shall then be entitled\n   to vote a regular ballot in the office of the general registrar, or he may\n   choose to vote at his proper polling place or at a central absentee voter\n   precinct on the day of the election. On the day of the election, (a) if the\n   general registrar or an officer of election is able to confirm the return of\n   the unused ballot, the voter shall be entitled to vote a regular ballot and\n   (b) if the general registrar or an officer of election is unable to confirm\n   the return of the unused ballot, the voter shall be entitled to cast a\n   provisional ballot pursuant to &#xA7; 24.2-653.1.\n\n   2. The voter may, on the day of the election, return his unused ballot to his\n   proper polling place or central absentee voter precinct, and the unused ballot\n   shall be preserved with other unused ballots. The voter shall then be entitled\n   to vote a regular ballot.\n\n   3. The voter may, on the day of the election, offer to vote at his proper\n   polling place or at a central absentee voter precinct without returning his\n   unused ballot, and he shall be entitled to cast a provisional ballot pursuant\n   to &#xA7; 24.2-653.1.\n\nB. Any person who has applied for and has been sent an absentee ballot but does\nnot receive the ballot or loses the ballot shall be entitled to cast a ballot in\naccordance with the provisions of this subsection.\n\n   1. The voter may, prior to the day of the election, present to the general\n   registrar or officer of election a statement signed by him that he did not\n   receive the ballot or has lost the ballot. Such statement shall be made\n   subject to felony penalties for making false statements as pursuant to &#xA7;\n   24.2-1016, and the voter shall then be entitled to cast a regular ballot.\n\n   2. The voter may, on the day of the election, offer to vote at his proper\n   polling place or at a central absentee voter precinct, and he shall be\n   entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.\n\nC. Any person who has applied for and has been sent an absentee ballot that has\nbeen unintentionally or accidentally defaced and rendered unfit for voting shall\nbe entitled to cast a ballot in accordance with the provisions of this\nsubsection.\n\n   1. The voter may, prior to the day of the election, present the defaced ballot\n   to the general registrar or an officer of election, and the ballot shall be\n   marked spoiled by the general registrar or an officer of election and placed\n   in a spoiled-ballot envelope to be retained with the ballots for the election.\n   The voter shall then be entitled to vote a regular ballot in the office of the\n   general registrar, or he may choose to vote at his proper polling place or at\n   a central absentee voter precinct on the day of the election. On the day of\n   the election, (i) if the general registrar or an officer of election is able\n   to confirm the return of the defaced ballot, the voter shall be entitled to\n   vote a regular ballot and (ii) if the general registrar or an officer of\n   election is unable to confirm the return of the defaced ballot, the voter\n   shall be entitled to cast a provisional ballot pursuant to &#xA7; 24.2-653.1.\n\n   2. The voter may, on the day of the election, present his defaced or unfit\n   ballot to his proper polling place or central absentee voter precinct, and the\n   defaced or unfit ballot shall be preserved with other spoiled ballots. The\n   voter shall then be entitled to vote a regular ballot.\n\nHISTORY: Code 1950, \u00a7\u00a7 24-336, 24-340.1; 1954, c. 511; 1970, c. 462, \u00a7\n24.1-233; 1974, c. 428; 1978, c. 778; 1993, c. 641; 1999, c. 725; 2006, c. 283;\n2010, c. 348; 2012, c. 645; 2014, c. 600; 2015, cc. 644, 645; 2021, Sp. Sess. I,\nc. 471.","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}}