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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60441</law_id><section_number>24.2-709.1</section_number><catch_line>Processing returned absentee ballots before election day; cure process</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>24.2-712</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> On receipt of an absentee ballot returned in person or by mail to the office of the <span class="dictionary">general registrar</span> or to a drop-off location before <span class="dictionary">election</span> day, the <span class="dictionary">general registrar</span> shall mark the date of receipt in the voter&#x2019;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&#x2019;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. <a id="paragraph-221003" class="section-permalink" href="https://vacode.org/24.2-709.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the voter affirmation has been completed as required, the <span class="dictionary">general registrar</span> may open the <span class="dictionary">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 <span class="dictionary">general registrar</span> does not choose to do so, the <span class="dictionary">sealed</span> ballot envelope shall be deposited into a secure container provided for such purpose, in which it shall remain until the <span class="dictionary">general registrar</span> initiates the process of opening the <span class="dictionary">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 <span class="dictionary">general registrar</span>&#x2019;s discretion at any time prior to the seventh day immediately preceding the <span class="dictionary">election</span> but shall be mandatory beginning on the seventh day immediately preceding the <span class="dictionary">election</span>.
			At least two officers of <span class="dictionary">election</span>, one representing each <span class="dictionary">political party</span>, shall be present during all hours when <span class="dictionary">sealed</span> ballot envelopes are opened as authorized in or required by this subsection. No person present while <span class="dictionary">sealed</span> ballot envelopes are opened and ballots are inserted into counting equipment shall disclose any information concerning the ballots.
			In the event that circumstances prevent a <span class="dictionary">general registrar</span> from complying with the provisions of this subsection, such failure shall not be grounds for contesting the <span class="dictionary">election</span> pursuant to Article 2 (&#xA7; <a class="law" title="Contest of election to General Assembly" href="/24.2-803/">24.2-803</a> et seq.) of Chapter 8 and shall not invalidate the absentee ballots. <a id="paragraph-221004" class="section-permalink" href="https://vacode.org/24.2-709.1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> For any absentee ballot received by the Friday immediately preceding the day of the <span class="dictionary">election</span>, if the <span class="dictionary">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 &#xA7; <a class="law" title="How ballots marked and returned" href="/24.2-707/">24.2-707</a> was not properly followed, and such error or failure would render the ballot void by <span class="dictionary">law</span>, the <span class="dictionary">general registrar</span> shall enter into the voter&#x2019;s record in the <span class="dictionary">voter registration system</span> that the absentee ballot has an <span class="dictionary">issue</span> requiring correction in <span class="dictionary">order</span> for it to be counted. This information shall be included on any absentee voter applicant list provided pursuant to subsection C of &#xA7; <a class="law" title="Absentee voter applicant lists" href="/24.2-710/">24.2-710</a>.
			Within three days of such <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">election</span> at the appropriate <span class="dictionary">precinct</span> until the voter is provided the opportunity to make the necessary corrections pursuant to this subsection.
			The <span class="dictionary">general registrar</span> may <span class="dictionary">issue</span> a new absentee ballot to the voter if necessary and shall preserve the first ballot with other spoiled ballots. <a id="paragraph-221005" class="section-permalink" href="https://vacode.org/24.2-709.1/#C"><i class="fa fa-link"/></a></p></section></text><history>2007, cc. 171, 281; 2012, cc. 328, 486; 2013, c. 501; 2021, Sp. Sess. I, cc. 471, 522.</history><metadata></metadata></law>
