                                 CODE OF VIRGINIA

PROCESSING RETURNED ABSENTEE BALLOTS BEFORE ELECTION DAY; CURE PROCESS (§
24.2-709.1)

A. 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&#8217;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&#8217;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. 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&#8217;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.
			At 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.
			In 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 (&#xA7; 24.2-803 et seq.) of
Chapter 8 and shall not invalidate the absentee ballots.

C. 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 &#xA7; 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&#8217;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 &#xA7;
24.2-710.
			Within 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.
			The general registrar may issue a new absentee ballot to the voter if
necessary and shall preserve the first ballot with other spoiled ballots.

HISTORY: 2007, cc. 171, 281; 2012, cc. 328, 486; 2013, c. 501; 2021, Sp. Sess.
I, cc. 471, 522.