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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79039</law_id><section_number>24.2-603.1</section_number><catch_line>Postponement of certain elections; state of emergency</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="6">The Election</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions; Polling Places</unit></structure><text>
						<section><p>For purposes of this section, &#x201C;election&#x201D; 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 (&#xA7;&#xA0;<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 &#xA7;&#xA0;<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.
		If 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 &#xA7;&#xA0;<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.
		Only those persons duly registered to vote as of the original date of the election shall be entitled to vote in the rescheduled election.
		If, 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 (&#xA7;&#xA0;<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.
		If 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.
		The provisions of &#xA7;&#xA0;<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 &#xA7;&#xA0;<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.
		No 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>.
		The <span class="dictionary">State Board</span> shall prescribe appropriate procedures to implement this section.</p></section></text><history>2002, cc. 785, 819; 2004, c. 205; 2014, cc. 540, 576.</history><metadata></metadata></law>
