                                 CODE OF VIRGINIA

RETURN OF UNUSED BALLOTS; VOTING BY APPLICANT WHO DID NOT RECEIVE OR LOST
BALLOT; DEFACED BALLOTS (§ 24.2-708)

A. 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.

   1. 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.
   				The 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. 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.

   3. 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.

B. 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.

   1. 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.

   2. 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.

C. 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.

   1. 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.

   2. 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.

HISTORY: Code 1950, §§ 24-336, 24-340.1; 1954, c. 511; 1970, c. 462, §
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.