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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61415</law_id><section_number>24.2-705</section_number><catch_line>Emergency applications and absentee ballots for individual emergencies</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>24.2-710</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="7">Absentee Voting</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Any person registered and otherwise qualified to vote may request at any time prior to 2:00 p.m. on the day preceding the <span class="dictionary">election</span> that he be permitted to vote by emergency absentee ballot with the assistance of his designated representative. The <span class="dictionary">Department</span> shall prescribe a form and the instructions for submitting such a request to the <span class="dictionary">general registrar</span> that shows that the voter requesting an emergency absentee ballot (i) was unable to apply for an absentee ballot by the deadline due to his hospitalization or illness, or the hospitalization, illness, or death of a spouse, child, or parent, or other emergency found to justify receipt of an emergency absentee ballot or (ii) will be unable to vote on <span class="dictionary">election</span> day due to his hospitalization or illness, the hospitalization, illness, or death of a spouse, child, or parent, or other emergency found to justify receipt of an emergency absentee ballot that occurred after the deadline for applying for an absentee ballot.
			The representative designated by a voter for purposes of this subsection shall be age 18 or older and shall not be an elected official, a <span class="dictionary">candidate</span> for elected office, or the deputy, spouse, parent, or child of an elected official or <span class="dictionary">candidate</span>.
			The requesting voter shall sign the form and state, subject to <span class="dictionary">felony</span> penalties for making false statements pursuant to &#xA7; <a class="law" title="False statements; penalties" href="/24.2-1016/">24.2-1016</a>, that to the best of his knowledge and belief the <span class="dictionary">facts</span> contained in the form are true and correct. His signature shall be witnessed by the designated representative, who shall sign and return the completed form to the office of the <span class="dictionary">general registrar</span> no later than 5:00 p.m. on the day preceding the <span class="dictionary">election</span>. If the requesting voter is blind or physically unable to sign the form, his designated representative shall write on the signature line that the voter is blind or unable to sign his form.
			On receipt of the completed form and a determination of the qualification of the requesting voter to vote, the <span class="dictionary">general registrar</span> shall provide, in accordance with the applicable provisions of this chapter, an absentee ballot to the designated representative for delivery to the requesting voter.
			The requesting voter shall vote the absentee ballot as provided by <span class="dictionary">law</span> and mark it in the presence of the designated representative. The designated representative shall complete a statement, subject to <span class="dictionary">felony</span> penalties for making false statements pursuant to &#xA7; <a class="law" title="False statements; penalties" href="/24.2-1016/">24.2-1016</a>, that (i) he is the designated representative of the requesting voter; (ii) he personally delivered the ballot to the voter who applied for it; (iii) in his presence, the voter marked the ballot, the ballot was placed in the envelope provided, the envelope was <span class="dictionary">sealed</span>, and the statement on its <span class="dictionary">reverse</span> side was signed by the requesting voter; and (iv) the ballot was returned, under seal, to the <span class="dictionary">general registrar</span> at the registrar&#x2019;s office.
			The ballot shall be counted only if the ballot is received by the <span class="dictionary">general registrar</span> prior to the close of polls, and the <span class="dictionary">general registrar</span> shall deliver the ballot to the officers of <span class="dictionary">election</span> at each appropriate <span class="dictionary">precinct</span> pursuant to &#xA7; <a class="law" title="Absentee voter applicant lists" href="/24.2-710/">24.2-710</a>. <a id="paragraph-224336" class="section-permalink" href="https://vacode.org/24.2-705/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> A <span class="dictionary">qualified voter</span> may vote absentee in person in the office of the <span class="dictionary">general registrar</span> through 2:00 p.m. on the day immediately preceding the <span class="dictionary">election</span> by complying with the requirements of &#xA7;&#xA0;<a class="law" title="Qualified voter permitted to vote; procedures at polling place; voter identification" href="/24.2-643/">24.2-643</a> and affirming that one of the following emergency circumstances will prevent him from voting on <span class="dictionary">election</span> day: <a id="paragraph-224337" class="section-permalink" href="https://vacode.org/24.2-705/#B"><i class="fa fa-link"/></a></p></section>
						<section id="B1" class="indent-1"><p><span class="prefix-number">1.</span> After 12:00 p.m. on the Saturday before the <span class="dictionary">election</span>, an obligation arose that requires the voter be absent from his county or city on <span class="dictionary">election</span> day for (i) his business, profession, or occupation; (ii) the hospitalization of the voter or a member of his <span class="dictionary">immediate family</span>; or (iii) the death of a member of his <span class="dictionary">immediate family</span>. For purposes of this subdivision, &#x201C;<span class="dictionary">immediate family</span>&#x201D; means the child, grandchild, parent, grandparent, legal guardian, sibling, or spouse of the voter. <a id="paragraph-224338" class="section-permalink" href="https://vacode.org/24.2-705/#B1"><i class="fa fa-link"/></a></p></section>
						<section id="B2" class="indent-1"><p><span class="prefix-number">2.</span> The voter is an <span class="dictionary">officer of election</span> who was assigned after 12:00 p.m. on the Saturday before the election to work in a <span class="dictionary">precinct</span> other than his own on election day. <a id="paragraph-224339" class="section-permalink" href="https://vacode.org/24.2-705/#B2"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The Commissioner of <span class="dictionary">Elections</span> may act administratively to facilitate absentee voting by <span class="dictionary">qualified voters</span> who are emergency workers or utility workers or who otherwise respond to and offer assistance to an area in which a state of emergency has been declared by an appropriate authority. These administrative actions may include central issuance and acceptance of absentee ballots for federal and state <span class="dictionary">elections</span> using the systems and procedures developed for voters who are members of a uniformed service. <a id="paragraph-224340" class="section-permalink" href="https://vacode.org/24.2-705/#C"><i class="fa fa-link"/></a></p></section></text><history>1989, c. 192, &#xA7; 24.1-229.1; 1990, c. 200; 1993, cc. 420, 641; 1996, c. 224; 1997, cc. 523, 539; 1999, c. 590; 2001, c. 622; 2006, c. 297; 2008, c. 880; 2015, cc. 644, 645; 2020, cc. 289, 1157, 1163; 2021, Sp. Sess. I, c. 471.</history><metadata></metadata></law>
