{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-709.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-709.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-709.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-709.1.html"}],"law_id":60441,"edition_id":1,"section_id":60441,"structure_id":13627,"section_number":"24.2-709.1","catch_line":"Processing returned absentee ballots before election day; cure process","history":"2007, cc. 171, 281; 2012, cc. 328, 486; 2013, c. 501; 2021, Sp. Sess. I, cc. 471, 522.","full_text":"A\n\nOn receipt of an absentee ballot returned in person or by mail to the office of the general registrar or to a drop-off location before election day, the general registrar shall mark the date of receipt in the voter’s record and shall examine the ballot envelope to verify completion of the required voter affirmation. A voter affirmation statement shall not be deemed to be incomplete on the sole basis of the voter’s failure to provide (i) his full name or his middle initial, as long as the voter provided his full first and last name, or (ii) the date, or any part of the date, including the year, on which he signed the statement.B\n\nIf the voter affirmation has been completed as required, the general registrar may open the sealed ballot envelope and insert the ballot in optical scan counting equipment or other secure ballot container without initiating any ballot count totals. If a general registrar does not choose to do so, the sealed ballot envelope shall be deposited into a secure container provided for such purpose, in which it shall remain until the general registrar initiates the process of opening the sealed ballot envelopes deposited into the secure container and inserting such ballots into optical scan counting equipment without initiating any ballot count totals. Such process shall be at the general registrar’s discretion at any time prior to the seventh day immediately preceding the election but shall be mandatory beginning on the seventh day immediately preceding the election.\n\t\t\tAt least two officers of election, one representing each political party, shall be present during all hours when sealed ballot envelopes are opened as authorized in or required by this subsection. No person present while sealed ballot envelopes are opened and ballots are inserted into counting equipment shall disclose any information concerning the ballots.\n\t\t\tIn the event that circumstances prevent a general registrar from complying with the provisions of this subsection, such failure shall not be grounds for contesting the election pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8 and shall not invalidate the absentee ballots.C\n\nFor any absentee ballot received by the Friday immediately preceding the day of the election, if the general registrar finds during the examination of the ballot envelope that the required voter affirmation was not correctly or completely filled out or that a procedure required by § 24.2-707 was not properly followed, and such error or failure would render the ballot void by law, the general registrar shall enter into the voter’s record in the voter registration system that the absentee ballot has an issue requiring correction in order for it to be counted. This information shall be included on any absentee voter applicant list provided pursuant to subsection C of § 24.2-710.\n\t\t\tWithin three days of such finding, the registrar shall notify the voter in writing or by email of the error or failure and shall provide information to the voter on how to correct the issue so his ballot may be counted. The voter shall be entitled to make such necessary corrections before noon on the third day after the election, and his ballot shall then be counted pursuant to the procedures set forth in this chapter if he is found to be entitled to vote. No absentee ballot needing correction shall be delivered to the officers of election at the appropriate precinct until the voter is provided the opportunity to make the necessary corrections pursuant to this subsection.\n\t\t\tThe general registrar may issue a new absentee ballot to the voter if necessary and shall preserve the first ballot with other spoiled ballots.","order_by":null,"text":{"0":{"id":221003,"text":"On receipt of an absentee ballot returned in person or by mail to the office of the general registrar or to a drop-off location before election day, the general registrar shall mark the date of receipt in the voter’s record and shall examine the ballot envelope to verify completion of the required voter affirmation. A voter affirmation statement shall not be deemed to be incomplete on the sole basis of the voter’s failure to provide (i) his full name or his middle initial, as long as the voter provided his full first and last name, or (ii) the date, or any part of the date, including the year, on which he signed the statement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221004,"text":"If the voter affirmation has been completed as required, the general registrar may open the sealed ballot envelope and insert the ballot in optical scan counting equipment or other secure ballot container without initiating any ballot count totals. If a general registrar does not choose to do so, the sealed ballot envelope shall be deposited into a secure container provided for such purpose, in which it shall remain until the general registrar initiates the process of opening the sealed ballot envelopes deposited into the secure container and inserting such ballots into optical scan counting equipment without initiating any ballot count totals. Such process shall be at the general registrar’s discretion at any time prior to the seventh day immediately preceding the election but shall be mandatory beginning on the seventh day immediately preceding the election.\n\t\t\tAt least two officers of election, one representing each political party, shall be present during all hours when sealed ballot envelopes are opened as authorized in or required by this subsection. No person present while sealed ballot envelopes are opened and ballots are inserted into counting equipment shall disclose any information concerning the ballots.\n\t\t\tIn the event that circumstances prevent a general registrar from complying with the provisions of this subsection, such failure shall not be grounds for contesting the election pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8 and shall not invalidate the absentee ballots.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221005,"text":"For any absentee ballot received by the Friday immediately preceding the day of the election, if the general registrar finds during the examination of the ballot envelope that the required voter affirmation was not correctly or completely filled out or that a procedure required by § 24.2-707 was not properly followed, and such error or failure would render the ballot void by law, the general registrar shall enter into the voter’s record in the voter registration system that the absentee ballot has an issue requiring correction in order for it to be counted. This information shall be included on any absentee voter applicant list provided pursuant to subsection C of § 24.2-710.\n\t\t\tWithin three days of such finding, the registrar shall notify the voter in writing or by email of the error or failure and shall provide information to the voter on how to correct the issue so his ballot may be counted. The voter shall be entitled to make such necessary corrections before noon on the third day after the election, and his ballot shall then be counted pursuant to the procedures set forth in this chapter if he is found to be entitled to vote. No absentee ballot needing correction shall be delivered to the officers of election at the appropriate precinct until the voter is provided the opportunity to make the necessary corrections pursuant to this subsection.\n\t\t\tThe general registrar may issue a new absentee ballot to the voter if necessary and shall preserve the first ballot with other spoiled ballots.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-709.1\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 171<\/a> and 281<\/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 2012, chapters 328<\/a> and 486<\/a>; in 2013, chapter 501<\/a>.<\/p>","references":[{"id":59219,"section_number":"24.2-712","catch_line":"Central absentee voter precincts; counting ballots","order_by":null,"url":"\/24.2-712\/"}],"refers_to":[{"id":70050,"section_number":"24.2-707","catch_line":"How ballots marked and returned","order_by":null,"url":"\/24.2-707\/"},{"id":63927,"section_number":"24.2-710","catch_line":"Absentee voter applicant lists","order_by":null,"url":"\/24.2-710\/"},{"id":68390,"section_number":"24.2-803","catch_line":"Contest of election to General Assembly","order_by":null,"url":"\/24.2-803\/"}],"permalink":{"id":188929,"object_type":"law","relational_id":60441,"identifier":"24.2-709.1","token":"24.2\/7\/24.2-709.1","url":"\/24.2-709.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-709.1\/","token":"24.2\/7\/24.2-709.1","dublin_core":{"Title":"Processing returned absentee ballots before election day; cure process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-709.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> On receipt of an absentee ballot returned in person or by mail to the office of the general registrar<\/span> or to a drop-off location before election<\/span> day, the general registrar<\/span> shall mark the date of receipt in the voter’s record and shall examine the ballot envelope to verify completion of the required voter affirmation. A voter affirmation statement shall not be deemed to be incomplete on the sole basis of the voter’s failure to provide (i) his full name or his middle initial, as long as the voter provided his full first and last name, or (ii) the date, or any part of the date, including the year, on which he signed the statement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the voter affirmation has been completed as required, the general registrar<\/span> may open the sealed<\/span> ballot envelope and insert the ballot in optical scan counting equipment or other secure ballot container without initiating any ballot count totals. If a general registrar<\/span> does not choose to do so, the sealed<\/span> ballot envelope shall be deposited into a secure container provided for such purpose, in which it shall remain until the general registrar<\/span> initiates the process of opening the sealed<\/span> ballot envelopes deposited into the secure container and inserting such ballots into optical scan counting equipment without initiating any ballot count totals. Such process shall be at the general registrar<\/span>’s discretion at any time prior to the seventh day immediately preceding the election<\/span> but shall be mandatory beginning on the seventh day immediately preceding the election<\/span>.\n\t\t\tAt least two officers of election<\/span>, one representing each political party<\/span>, shall be present during all hours when sealed<\/span> ballot envelopes are opened as authorized in or required by this subsection. No person present while sealed<\/span> ballot envelopes are opened and ballots are inserted into counting equipment shall disclose any information concerning the ballots.\n\t\t\tIn the event that circumstances prevent a general registrar<\/span> from complying with the provisions of this subsection, such failure shall not be grounds for contesting the election<\/span> pursuant to Article 2 (§ 24.2-803<\/a> et seq.) of Chapter 8 and shall not invalidate the absentee ballots. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any absentee ballot received by the Friday immediately preceding the day of the election<\/span>, if the general registrar<\/span> finds during the examination of the ballot envelope that the required voter affirmation was not correctly or completely filled out or that a procedure required by § 24.2-707<\/a> was not properly followed, and such error or failure would render the ballot void by law<\/span>, the general registrar<\/span> shall enter into the voter’s record in the voter registration system<\/span> that the absentee ballot has an issue<\/span> requiring correction in order<\/span> for it to be counted. This information shall be included on any absentee voter applicant list provided pursuant to subsection C of § 24.2-710<\/a>.\n\t\t\tWithin three days of such finding<\/span>, the registrar shall notify the voter in writing or by email of the error or failure and shall provide information to the voter on how to correct the issue<\/span> so his ballot may be counted. The voter shall be entitled to make such necessary corrections before noon on the third day after the election<\/span>, and his ballot shall then be counted pursuant to the procedures set forth in this chapter if he is found to be entitled to vote. No absentee ballot needing correction shall be delivered to the officers of election<\/span> at the appropriate precinct<\/span> until the voter is provided the opportunity to make the necessary corrections pursuant to this subsection.\n\t\t\tThe general registrar<\/span> may issue<\/span> a new absentee ballot to the voter if necessary and shall preserve the first ballot with other spoiled ballots. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCESSING RETURNED ABSENTEE BALLOTS BEFORE ELECTION DAY; CURE PROCESS (\u00a7\n24.2-709.1)\n\nA. On receipt of an absentee ballot returned in person or by mail to the office\nof the general registrar or to a drop-off location before election day, the\ngeneral registrar shall mark the date of receipt in the voter’s record and\nshall examine the ballot envelope to verify completion of the required voter\naffirmation. A voter affirmation statement shall not be deemed to be incomplete\non the sole basis of the voter’s failure to provide (i) his full name or\nhis middle initial, as long as the voter provided his full first and last name,\nor (ii) the date, or any part of the date, including the year, on which he\nsigned the statement.\n\nB. If the voter affirmation has been completed as required, the general\nregistrar may open the sealed ballot envelope and insert the ballot in optical\nscan counting equipment or other secure ballot container without initiating any\nballot count totals. If a general registrar does not choose to do so, the sealed\nballot envelope shall be deposited into a secure container provided for such\npurpose, in which it shall remain until the general registrar initiates the\nprocess of opening the sealed ballot envelopes deposited into the secure\ncontainer and inserting such ballots into optical scan counting equipment\nwithout initiating any ballot count totals. Such process shall be at the general\nregistrar’s discretion at any time prior to the seventh day immediately\npreceding the election but shall be mandatory beginning on the seventh day\nimmediately preceding the election.\n\t\t\tAt least two officers of election, one representing each political party,\nshall be present during all hours when sealed ballot envelopes are opened as\nauthorized in or required by this subsection. No person present while sealed\nballot envelopes are opened and ballots are inserted into counting equipment\nshall disclose any information concerning the ballots.\n\t\t\tIn the event that circumstances prevent a general registrar from complying\nwith the provisions of this subsection, such failure shall not be grounds for\ncontesting the election pursuant to Article 2 (§ 24.2-803 et seq.) of\nChapter 8 and shall not invalidate the absentee ballots.\n\nC. For any absentee ballot received by the Friday immediately preceding the day\nof the election, if the general registrar finds during the examination of the\nballot envelope that the required voter affirmation was not correctly or\ncompletely filled out or that a procedure required by § 24.2-707 was not\nproperly followed, and such error or failure would render the ballot void by\nlaw, the general registrar shall enter into the voter’s record in the\nvoter registration system that the absentee ballot has an issue requiring\ncorrection in order for it to be counted. This information shall be included on\nany absentee voter applicant list provided pursuant to subsection C of §\n24.2-710.\n\t\t\tWithin three days of such finding, the registrar shall notify the voter in\nwriting or by email of the error or failure and shall provide information to the\nvoter on how to correct the issue so his ballot may be counted. The voter shall\nbe entitled to make such necessary corrections before noon on the third day\nafter the election, and his ballot shall then be counted pursuant to the\nprocedures set forth in this chapter if he is found to be entitled to vote. No\nabsentee ballot needing correction shall be delivered to the officers of\nelection at the appropriate precinct until the voter is provided the opportunity\nto make the necessary corrections pursuant to this subsection.\n\t\t\tThe general registrar may issue a new absentee ballot to the voter if\nnecessary and shall preserve the first ballot with other spoiled ballots.\n\nHISTORY: 2007, cc. 171, 281; 2012, cc. 328, 486; 2013, c. 501; 2021, Sp. Sess.\nI, cc. 471, 522.","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}}