Absentee voting; verification by social security number or unique identifier.
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SB 273 — Absentee voting; verification by social security number or unique identifier.
Last action — Continued to 2022 Sp. Sess. 1 pursuant to HJR455
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Elections; absentee voting; verification by social security number or unique identifier in lieu of witness signature. Requires the State Board of Elections to promulgate regulations for providing a unique identifier to any qualified voter who lacks a social security number and provides that such unique identifier can be accepted in place of a social security number for the purposes of voting absentee. The bill makes optional the current absentee ballot witness signature requirement by giving the voter the option to provide the last four digits of the voter's social security number and the voter's date of birth in lieu of a witness signature. The bill clarifies that verification of the required voter affirmation on absentee ballots by the general registrar includes matching any date of birth and last four digits of the social security number or assigned unique identifier provided as part of the voter affirmation against the information in the voter's registration record.
Bill Text
What changed in the latest version
171 added · 432 removedPlain-language change summary
The recent amendment to Bill SB 273 changes the requirements for using federal write-in absentee ballots in Virginia elections. Specifically, the bill now requires voters to provide additional information, such as their military or overseas address, and a witness signature when submitting these ballots. This matters because it aims to enhance the verification process and ensure the integrity of absentee voting, particularly for those serving in the military or living abroad.
SESSION SENATEHOUSE SUBSTITUTE 22105199D22107233D SENATE BILL NO.
273 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateHouse Committee on Privileges and Elections on JanuaryMarch 25,4, 2022) (Patron Prior to Substitute––Senator Ebbin) A BILL to amend and reenact §§ 24.2-404,24.2-702.1, as24.2-704, it24.2-706, is currently effective and as24.2-707 itof shallthe becomeCode effective,of Virginia, relatingreturn toballot.ections; elections;
verification by social security number or unique identifier in lieu of witness signature.requirement;
additional voter information required on Be it enacted by the General Assembly of Virginia:
That §§ 24.2-404, as it is currently effective and as it shall become effective, 24.2-404.4, 24.2-427, 24.2-702.1, 24.2-704, 24.2-706, 24.2-707, and 24.2-709.124.2-707 of the Code of Virginia are amended and ree§reenacted 24.2-404.as follows:
(Effective§ until24.2-702.1. October 1, 2022) Duties of Department of Elections.
S A.
The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth.
In order to operate and maintain the system, the Department shall:
N 1.
Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.
change or correct registration records as necessary.mes of all registered voters into the systeA and to 3.
Provide to each general registrar voter confirmation documents for newly registered voterT and for notice to registered voters on the system of changes and corrections in their registration records and polling places.
E 4.
Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to (v) is known not to be a United States citizen by reason of reports from the Department of Motorcitated, Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to U subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law.
Such Bction shall be taken no later than 30 days after notification from the Department.
The Department shall pro5.
Retain on the system for four years a separate record for registered voters whose names have beenars.
deleted, with the reason for deletion.
T :
36 6.
Retain on the system permanently a separate record for information received regarding deaths, 37 felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410.
I 38 7.
Provide to each general registrar, at least 16 days prior to a general or primary electioT and three 39 days prior to a special election, an alphabetical list of all registered voters in each precincU or portion of used as the official lists of qualified voters and shall constitute the pollbooks.
The Department shall be provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls.
Prior to any general, primary, or special eleEtion, the Department shall provide any general registrar, upon his request, with a separate electronic list of all registered voters in the registrar's county or city.
If electronic pollbooks are used in the locality or provide a regional or statewide list of registered voters to the general registrar of the locality.
Thell Department shall determine whether regional or statewide data is provided.
Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but shall include the voter's year of birth.
8.
Acquire by purchase, lease, or contract equipment necessary to execute the duties of the S Department.
2 agencies of the Commonwealth shall cooperate with the Department in procuring and exchangingtio3.
All identification information for the purpose of maintaining the voter registration system.
The Department may share any information that it receives from another agency of the Commonwealth with any Chief Election Officer of another state for the maintenance of the voter registration system.
10.
Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose SB273S1 2 of 8 addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.
11.
Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the Department by law.
Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.
B.
Show all 235 changed lines (195 more)
The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means including, but not limited to, paper and electronic means.
The Virginia Freedom of Information Act (§ 2.2-3700 et seq.) shall not apply to records about individuals maintained in this system.
C.
The State Board shall institute procedures to ensure that each requirement of this section is fulfilled.
As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled.
D.
The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.
E.
The State Board shall promulgate regulations for providing a unique identifier to any qualified voter who lacks a social security number.
Such unique identifier shall be accepted in place of a social security number for the purposes of voting absentee.
F.
The Department shall apply to participate in the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S.
Citizenship and Immigration Services of the U.S.
Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens.
Upon approval of the application, the Department shall enter into any required memorandum of agreement with U.S.
Citizenship and Immigration Services.
The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.
F.
G.
The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities.
The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-428.
This report shall contain the methodology used in gathering and analyzing the data.
The Commissioner of Elections shall certify that the data included in the report is accurate and reliable.
§ 24.2-404.
(Effective October 1, 2022) Duties of Department of Elections.
A.
The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth.
In order to operate and maintain the system, the Department shall:
1.
Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.
Such system shall automatically register a person who has preregistered pursuant to § 24.2-403.1 upon that person becoming eligible for registration under § 24.2-403 or reaching 18 years of age, whichever comes first.
2.
Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.
3.
Provide to each general registrar voter confirmation documents for newly registered voters, including voters who were automatically registered pursuant to subdivision 1, and for notice to registered voters on the system of changes and corrections in their registration records and polling places.
4.
Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, (v) is known not to be a United States citizen by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law.
Such action shall be taken no later than 30 days after notification from the Department.
The Department shall promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.
5.
Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.
6.
Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410.
of 8 days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of a precinct in which the election is being held in the county, city, or town.
These precinct lists shall be used as the official lists of qualified voters and shall constitute the pollbooks.
The Department shall provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls.
Prior to any general, primary, or special election, the registered voters in the registrar's county or city.
If electronic pollbooks are used in the locality or electronic voter registration inquiry devices are used in precincts in the locality, the Department shall provide a regional or statewide list of registered voters to the general registrar of the locality.
The Department shall determine whether regional or statewide data is provided.
Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but sha8.
Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.
9.
Use any source of information that may assist in carrying out the purposes of this section.
All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system.
The Department Election Officer of another state for the maintenance of the voter registration system.
any ChiNf 10.
Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identifA voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.
T and polling places, statements of election results by precinct, and any other items required of theincts Department by law.
Receipts from such sales shall be credited to the Board for reimbursement ofE printing expenses.
B.
The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means iScluding, seq.) shall not apply to records about individuals maintained in this system.mation Act (§ 2.2-3700 et C.
The State Board shall institute procedures to ensure that each requirement of this section is fulfilled.
As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registSation is cancelled.
law for determining a person's residence.les and regulations to ensure the uniform application Tf the E.
The State Board shall promulgate regulations for providing a unique identifier to any qualified voter who lacks a social security number.
Such unique identifier shall be accepted in place of T social security number for the purposes of voting absentee.
F.
The Department shall apply to participate in the Systematic Alien Verification for Entitlements Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens.
Upon approval of the application, the DepartmenE shall enter into any required memorandum of agreement with U.S.
Citizenship and Immigration Services.
The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.
31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities.
The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3, 24.2-404.4, 24.2-408, S 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-428.
This report shall contain t2e the data included in the report is accurate and reliable.
Commissioner of Elections shall certi3y that § 24.2-404.4.
Exchange of registered voter lists with other states.
1 A.
Pursuant to its authority under subsection A of § 24.2-405 and subsections B and C of § 24.2-406, the Department of Elections shall request voter registration information and lists of persons voting at primaries and elections, if available, from the states bordering the Commonwealth to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer SB273S1 4 of 8 entitled to be registered in order to maintain the overall accuracy of the voter registration system.
B.
Pursuant to its authority under subdivision A 10 of § 24.2-404, the Department of Elections shall utilize data regarding voter registration and lists of persons voting at primaries and elections received through list comparisons with other states to identify duplicate registrations, voters who no longer reside in the Commonwealth, and other persons who are no longer entitled to be registered in order to maintain the overall accuracy of the voter registration system.
C.
The Department shall compare the data received pursuant to subsections A and B with the state voter registration list and initiate list maintenance procedures under applicable state and federal law.
The Department shall include in its report to the House and Senate Committees on Privileges and Elections, required by subsection F G of § 24.2-404, the progress of activities conducted under this section, including the number of duplicate registrations found to exist and the procedures that the Department and general registrars are following to eliminate duplicate registrations from the Virginia registered voter lists.
§ 24.2-427.
Cancellation of registration by voter or for persons known to be deceased or disqualified to vote.
A.
Any registered voter may cancel his registration and have his name removed from the central registration records by signing an authorization for cancellation and mailing or otherwise submitting the signed authorization to the general registrar.
When submitted by any means other than when notarized or in person, such cancellation must be made at least 22 days prior to an election in order to be valid in that election.
The general registrar shall acknowledge receipt of the authorization and advise the voter in person or by first-class mail that his registration has been canceled within 10 days of receipt of such authorization.
B.
The general registrar shall cancel the registration of (i) all persons known by him to be deceased or disqualified to vote by reason of a felony conviction or adjudication of incapacity;
(ii) all persons known by him not to be United States citizens by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E F of § 24.2-404 and in accordance with the requirements of subsection B1;
(iii) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has moved from the Commonwealth;
and (iv) all persons for whom a notice has been received, signed by the voter, or from the registration official of another jurisdiction that the voter has registered to vote outside the Commonwealth, subsequent to his registration in Virginia.
The notice received in clauses (iii) and (iv) shall be considered as a written request from the voter to have his registration cancelled.
A voter's registration may be cancelled at any time during the year in which the general registrar discovers that the person is no longer entitled to be registered.
The general registrar shall mail notice of any cancellation to the person whose registration is cancelled.
B1.
The general registrar shall mail notice promptly to all persons known by him not to be United States citizens by reason of a report from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E F of § 24.2-404 prior to cancelling their registrations.
The notice shall inform the person of the report from the Department of Motor Vehicles or from the Department of Elections and allow the person to submit his sworn statement that he is a United States citizen within 14 days of the date that the notice was mailed.
The general registrar shall cancel the registrations of such persons who do not respond within 14 days to the notice that they have been reported not to be United States citizens.
B2.
The general registrar shall (i) process the Department's most recent list of persons convicted of felonies within 21 to 14 days before any primary or general election, (ii) cancel the registration of any registered voter shown to have been convicted of a felony who has not provided evidence that his right to vote has been restored, and (iii) send prompt notice to the person of the cancellation of his registration.
If it appears that any registered voter has made a false statement on his registration application with respect to his having been convicted of a felony, the general registrar shall report the fact to the attorney for the Commonwealth for prosecution under § 24.2-1016 for a false statement made on his registration application.
C.
The general registrar may cancel the registration of any person for whom a notice has been submitted to the Department of Motor Vehicles in accordance with the Driver License Compact set out in Article 18 (§ 46.2-483 et seq.) of Chapter 3 of Title 46.2 and forwarded to the general registrar, that the voter has moved from the Commonwealth;
provided that the registrar shall mail notice of such cancellation to the person at both his new address, as reported to the Department of Motor Vehicles, and the address at which he had most recently been registered in Virginia.
No general registrar may cancel registrations under this authority while the registration records are closed pursuant to § 24.2-416.
No registrar may cancel the registration under this authority of any person entitled to register under the provisions of subsection A of § 24.2-420.1, and shall reinstate the registration of any otherwise qualified of 8 cancellation.
by subsection A of § 24.2-420.1 who applies to vote within four years of the date of § 24.2-702.1.
A.use a federal write-in absentee ballot in any election.
Notwithstanding any other provision of this title, a covered voter, as defined in § 24.2-452, may use a federal write-in absentee ballot in any election.
§ 20301 et seqB.seq.) and this article.
NotwithstandingO anyB. other provision of this title, a federal write-in absentee ballot submitted pursuant to subsection A shall be considered valid for purposes of simultaneously satisfying both an absentee ballot application and a completed absentee ballot, provided that the ballot is received no later than the deadline for the return of absentee ballots as provided in § 24.2-709 for the election in which the voter offers to vote, and the application contains the following information:
Notwithstanding any other provision of this title, a federal write-in absentee ballot submitted pursuant to subsection A shall be considered valid for purposes of simultaneously satisfying both an absentee ballot application and a completed absentee ballot, provided that the ballot is received no later the voter offers to vote, and the application contains the following information:
however, if the voter is unable to sign, the person assisting the voter will note this fact in Ehe voter signature box;
(iii) the countyvoter's ordate cityof inbirth; which he the voter is registered and offers to vote;
(iv) the residencelast addressfour atdigits whichof he the votervoter's issocial registeredsecurity tonumber; vote;
(v) his the voter'scounty currentor militarycity orin overseaswhich address;he is registered and offers to vote;
and(iv) (vi) either (a) the lastresidence fouraddress digitsat ofwhich thehe voter'sis socialregistered securityto numbervote; and the voter's date of birth or (b) the signature of a witness who shall sign the same application.
E(v) on(vii) receipthis ofcurrent amilitary federalor write-inoverseas absenteeaddress; ballot unless the voter has also submitted an absenteN ballotter application pursuant to § 24.2-701.
and (vi) (viii) the signature of a witness who shall sign the same application.
S on receipt of a federal write-in absentee ballot unless the voter has also submitted an absentee ballotter application pursuant to § 24.2-701.
AB A.
The application for an absentee ballot shall provide space for the applicant to indicate thatShat he will require assistance to vote his absentee ballot by reason of blindness, disability, or inabilityTto read or wriB.
On receipt of an application from an applicant who indicated that he will require assistance due to a visual impairment or print disability, the general registrar shall offer to provide to the applicant a ballot: marking tool with screen reader assistive technology made available pursuant to § 24.2-103.2.
If36 the applicant opts to use such tool, the general registrar shall send by mail to him a ballot returnmarking envelope and accessible instructions provided by the Department for using such tool andwith returniSgscreen thereader andassistive accessibletechnology instructionsmade toavailable havepursuant a tactile marking that identifies the outer envelope as the outerlope envelope to the§ voter.24.2-1T3.2.
ForIf purposes37 ofthe thisapplicant section,opts "tactileto marking"use includessuch atool, holethe punch,general aregistrar cutshall corner,send orby mail to him a tactileballot sticker.return 38 envelope and accessible instructions provided by the Department for using such tool and returning the 39 marked ballot.
BThe Angeneral absenteeregistrar votershall usingcause suchthe toolouter shallenvelope returncontaining the marked absentee ballot inreturT accordanceenvelope withStheenvelope instructionsto provided by the Department.voter.
printedFor onpurposes regularof paper.this section, "tactile marking" includes a hole punch, aEcut corner, or a tactile sticker.
NoAn ballotabsentee markedvoter withusing thesuch electronic ballot marking tool shall bereturn rejected on the basismarked ofabsentee the position of the voter's signature or address on the ballot returnin envelopeaccordance aswith long as the voter'sinstructions signatureprovided orby address is anywhere on the ballotDepartment. return envelope.
TNo C.ballot marked with the electronic ballot marking tool shall be rejected because the ballot was the basis of the position of the voter's signature or address on the ballot return envelope as long as the voter's signature or address is anywhere on the ballot return envelope.
OnC. receipt of an application from an applicant marked to indicate that he will require assistance due to any other disability or if an applicant offered the ballot marking tool pursuant to subsection B voter assistance form furnished by the State Board pursuant to § 24.2-649.
TheOn voterreceipt andof an application from an applicant marked to indicate that he will require asSistance due to any person06,other disability or if an applicant offered the assistingballot himmarking tool pursuant to subsection B declines to use such tool, the general registrar shall completedeliver, with the formitems required by signing§ 2432-706, the requestvoter for assistance andform statementfurnished requiEedby of the assistant.State Board pursuant to § 24.2-649.
The voter and any peHson assistant.
Any person who willfully violates the provisions of this section or felony.649§ 24.2-649 in providing assistance to a person who is voting absentee shall be guilty of a Class 5 §felony. 24.2-706.
§ 24.2-706.
SB273H1 2 of 4 A.
On receipt of an application for an absentee ballot, the general registrar shall enroll the name and address of each registered applicant on an absentee voter applicant list that shall be maintainSdmaintained in the office of the general registrar with a file of the applications received.
The list shall be ava2lableavailable for inspection and copying and the applications shall be available for inspection only by any registered voter during regular office hours.
Upon request and for a reasonable fee, the Department of Elections shallvotershall provide an electronic copy of the absentee voter applicant list to any political party or candi1ate.candidate.
SB273S1 6 of 8 No list or application containing an individual's social security number, or any part thereof, or the individual's day and month of birth, shall be made available for inspection or copying by anyone.
Signature of Voter ______________________voter Date____________ ____________________Last Signaturefour digits of witnessvoter's Verificationsocial security number ___________ Voter's date of Voterbirth Identity___________ ______________________"Date ____________________ Signature of witness ___________" For elections held after January 1, 2004, instead of the envelope containing the above oath, an envelope containing the standard oath prescribed by the presidential designee under § 101(b)(7) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
When this statement has been properly completed and signed by the registered voter and witnessedwitnessed, or otherwise verified, his ballot shall not be subject to challenge pursuant to § 24.2-651.
Instructions for completing the statement on the envelope shall include the option to provide (i) a witness signature or (ii) the voter's date of birth and either (a) the last 4 digits of the voter social security number or (b) an assigned unique identifier in order to verify the voter's identity.
§ 21083 of the Help America Vote Act of 2002 to show identification the first time the voter votes in a federal election in the state, the printed instructions shall direct the voter to submit with his ballot (i) a copy of a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck or other government document that shows the name and address of 4 identification specified in this paragraph may cast such ballot by mail and the voter.ballot shall be counted as a provisional ballot under the provisions of § 24.2-653.01.
Such individual who desires to vote by mail but who does not submit one of the forms of identification specified in this paragraph may cast such ballot by mail and the ballot shall be counted as a provisional ballot under the provisions of § 24.2-653.01.
For any voter entitled to vote absentee under the Uniformed and Overseas Citizens Absentee Votingthe Actvoting (52rights U.S.C.and responsibilities for such citizens, or information provided by the registrar specific to the status of the voter registration and absentee ballot application of such voter, may be included.
§ 20301 et seq.), information provided by the Department of Elections specific to the voting rights and responsibilities for such citizens, or information provided by the registrar specific to the status of the voter registration and absentee ballot application of such voter, may be included.
ofD. 8 the items set forth in subsection C.
The general registrar shallmay providecontract towith the contractor in a timelythird mannerparty for the names,printing, addresses,assembly, precincts, and ballotmailing styles of votersthe requestingitems anset absenteeforth ballotin bysubsection mail.C.
The general registrar shall provide to the contractor in a timely The vendor shall provide to the general registrar a report of the voters to whom the absentee ballot materialsmail. have been sent.
materials have been sent.
If the applicant completes his application in person under § 24.2-701 at a time when the printed ballots for the election are available, he may request that the general registrar send to him by mail the items set forth in subdivisions C 1 through 4, instead of casting the ballot in person.
Such request shall beto madevote, noand laterthe thangeneral 5:00registrar p.m.shall send those items to the applicant by mail, obtaining aUcertificate or other evidence of mailing.
on the eleventh day prior to the election in which the applicant offers to vote, and the general registrar shall send those items to the applicant by mail, obtaining a certificate or other evidence of mailing.
If the applicant is a covered voter, as defined in § 24.2-452, the general registrar, at theShe time when the printed ballots for the election are available, shall mail by the deadline set forth in § 24.2-612 or deliver in person to the applicant in the office of the general registrar the items as set forthfortE in612in orevidence subdivisionsof Cmailing 1shall throughnot 4be and,required. if necessary, an application for registration.
AIf certificatethe orapplicant otherrequests evidencethat ofsuch mailingitems shallbe sent by electronic transmission, the general registrar, at the time when the printed ballots for the election are available but not belater required.than the deadline set forth in § 24.2-612, shall send by electronic transmission the Slank ballot, the form for the envelope for returning the marked ballot, and instructions to the voter.
IfSuch thematerials applicant requests that such items be sent by electronic transmission, the general registrar, at the time when the printed ballots for the election are available but not later than the deadline set forth in § 24.2-612, shall send by electronic transmission the blank ballot, shall be sent using the official email address or fax number of the office of the general regisNrarrialsregisUrar publishedregulation on the Departmentformat of Electionsthe website.email address used for transmitting ballots to eligible voters.
TheA Stategeneral Boardregistrar of Elections may prescribealso byuse regulationelectronic thetransmission formatfacilities ofprovided by the emailFederal addressVoting usedAssistSnce forProgram. transmitting ballots to eligible voters.
AThe Aeneralvoted registrarballot mayshall alsobe usereturned electronicto transmissionthe facilitiesgeneral providedregistrar byas theotherwise Federalrequired Votingby Assistancethis Program.chapter.
TheG. voted ballot shall be returned to the general registrar as otherwise required by tTis chapter.
The circuit courts shall have jurisdiction to issue an injunction to enforce the provisions of this section upon the application of (i) any aggrieved voter, (ii) any candidate in an election districtdistIict in whole or in(iii) partthe incampaign committee or the court'sappropriate jurisdictiondistrict wherepolitical aparty violationchairman of such candidate.occur, Any person who fails to discharge his duty as provided in this section hasthrough occurred,willful orneglect isof likelyduty toand occur,with ormalicious (iii)intent theshall campaignbe committeeguilty orof thea appropriateClass district1 politicalmisdemeanor partyas chairmanprovided in subsection A of such§ candidate.24.2-1001.
AnyT person who fails to discharge his duty as provided in this section through willful neglect of duty and with malicious intent shall be guilty of a Class 1 misdemeanor as provided in subsection A Sf § 2§ 24.2-707.
A.sealed envelope marked "ballot within" and (ii) mark and refold the ballot, as provided in §§ 24.2-644the and 24.2-646 without assistance and without making known how he marked the ballot, except as provided by § 24.2-704.
OnAfter receiptthe ofvoter ahas mailedmarked his absentee ballot, thehe votershall shall,(a) inenclose the presenceballot ofin athe witness,envelope (i)provided openfor thethat sealedpurpose, envelope(b) markedseal "ballotthe within"envelope, and(c) (ii)fill markin and refoldsign the ballot,statement asprinted providedon inthe §§back 24.2-644of envelope and 24.2-646any withoutrequired assistance andform withoutwithin makingthe knownenvelope howdirected heto marked the ballot,general exceptregistrar, asand S(e) providedseal bythat §envelope. 24.2-704.
providedA forvoter's thatfailure purpose,;to have a witness sign the absentee ballot envelope shall be considered a material omission and shall render his ballot void.
(b)A sealvoter's failure to provide in the envelope,;statement on the back of the envelope his full middle name or his middle initial shall not be a7material omission, rendering his ballot void, unless the voter failed to provide in the statement on theHback of the including the year, on which he signed the statement printed on the back of the envelope shall not be, considered a material omission and shall not render his ballot void.
(c)A fillvoter's infailure andto have a witness sign the statementabsentee printedballot onreturn theenvelope backfor ofany theelection envelopeheld induring thea presencedeclared state of emergency related to a witness,communicable whodisease shallof signpublic thehealth samethreat envelope,shall includingnot thebe requiredconsidered informationa formaterial verificationomission ofand theshall voter'snot identity;render his ballot void.
(d) enclose the ballot envelope and any rTquired assistance form within the envelope directed to the general registrar,;
and (e) seal that envelope.
A voter's failure to provide in the statement on the back of the envelope his full middle name or his provide in the statement on the back of the envelope his full first and last name.
A voter's failure to provide the date, or any part of the date, including the year, on which he signed the statementEprinted on the back of the envelope shall not be considered a material omission and shall not render his ballot void.
A voter's failure to have a witness sign the absentee ballot return envelope for any election held during a declared state of emergency related to a communicable disease of public health threat shall not be B.
A mailed absentee ballot shall be returned (i) by mail to the office of the general registrar, (ii) by the voter in person to the general registrar, or (iii) to a drop-off location established pursuant to § 24.2-707.1.
For purposes of this subsection, "mail" includes a delivery by a commercial delivery service but does not include delivery by a personal courier service or other individual except Ss provided by §§ 24.2-703.2 and 24.2-705.
2 § 24.2-709.1.
Processing returned absentee ballots before election day;
cure process.ant's b3llot void.
A.
On receipt of an absentee ballot returned in person or by mail to the office of the gener1l registrar or to a drop-off location before election day, the general registrar shall mark the date of receipt in the voter's record and shall examine the ballot envelope to verify completion of the required voter affirmation.
Such verification shall include matching any date of birth and last four digits of a social security number or assigned unique identifier provided as part of the voter affirmation against the SB273S1 8 of 8 information in the voter's registration record.
A voter affirmation statement shall not be deemed to be incomplete on the sole basis of the voter'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.
IfA themailed voterabsentee affirmationballot hasshall beenbe completedreturned as(i) required,by themail generalto registrarthe mayoffice openof the sealedgeneral ballotregistrar, envelope(ii) andby insertSB273H1 4 of 4 the ballotvoter in opticalperson scanto countingthe equipmentgeneral registrar, or other(iii) secureto ballota containerdrop-off withoutlocation initiatingestablished anypursuant ballotto count§ totals.24.2-707.1.
IfFor apurposes generalof registrarthis doessubsection, not"mail" chooseincludes toa dodelivery so,by the sealed ballot envelope shall be deposited into a securecommercial containerdelivery providedservice forbut suchdoes purpose,not ininclude whichdelivery itby shalla remainpersonal untilcourier theservice generalor registrarother initiatesindividual theexcept processas ofprovided openingby the§§ sealed24.2-703.2 ballot envelopes deposited into the secure container and inserting24.2-705. such ballots into optical scan counting equipment without initiating any ballot count totals.
Such process shall be at the general registrar'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 (§ 24.2-803 et seq.) of Chapter 8 and shall not invalidate the absentee ballots.
ForFailure anyto absenteefollow ballot received by the Fridayprocedures immediatelyset precedingforth thein daythis ofsection theshall 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 § 24.2-707 was not properly followed, and such error or failure would render the ballotapplicant's void by law, the general registrar shall enter into the voter's record in the voter registration system that the absentee ballot hasvoid. 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 § 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.
Show all 235 changed rows (195 more)
Action History
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Continued to 2022 Sp. Sess. 1 pursuant to HJR455
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Continued to 2022 Sp. Sess. 1 pursuant to HJR455
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (40-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (17-Y 23-N)
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (40-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (17-Y 23-N)
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VOTE: Passage (53-Y 46-N)
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Passed House with substitute (53-Y 46-N)
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Engrossed by House - committee substitute SB273H1
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Committee substitute agreed to 22107233D-H1
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Read third time
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VOTE: Passage (53-Y 46-N)
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Passed House with substitute (53-Y 46-N)
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Engrossed by House - committee substitute SB273H1
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Committee substitute agreed to 22107233D-H1
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Read third time
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Impact statement from DPB (SB273H1)
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Read second time
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Impact statement from DPB (SB273H1)
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Read second time
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Committee substitute printed 22107233D-H1
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Reported from Privileges and Elections with substitute (17-Y 5-N)
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Committee substitute printed 22107233D-H1
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Reported from Privileges and Elections with substitute (17-Y 5-N)
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Subcommittee recommends reporting with substitute (8-Y 2-N)
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Subcommittee recommends reporting with substitute (8-Y 2-N)
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Assigned P & E sub: Subcommittee #1
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Assigned P & E sub: Subcommittee #1
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Referred to Committee on Privileges and Elections
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Read first time
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Placed on Calendar
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Referred to Committee on Privileges and Elections
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB273S1)
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Impact statement from DPB (SB273S1)
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Read third time and passed Senate (40-Y 0-N)
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB273S1
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Committee substitute agreed to 22105199D-S1
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Reading of substitute waived
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Read second time
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Engrossed by Senate - committee substitute SB273S1
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Committee substitute agreed to 22105199D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Constitutional reading dispensed (39-Y 0-N)
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Committee substitute printed 22105199D-S1
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Reported from Privileges and Elections with substitute (14-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Committee substitute printed 22105199D-S1
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Reported from Privileges and Elections with substitute (14-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB273)
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Impact statement from DPB (SB273)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22100443D
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Referred to Committee on Privileges and Elections
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Prefiled and ordered printed; offered 01/12/22 22100443D
Sponsors
- Mark J. Peake · Cosponsor
- David R. Suetterlein · Cosponsor
- Adam P. Ebbin · Primary
- Jennifer A. Kiggans · Cosponsor
- Amanda F. Chase · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 143 not signed on · 46 voted No
Sponsors (1)
Co-sponsors (4)
Not signed on (143)
143 members have not signed on to this bill.
Show all 143 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 46 | 0 | 1 |
| Total | 52 | 46 | 0 | 1 |
| % of votes cast | 53% | 46% | 0% | 1% |
How each member voted (99)
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 2 | 0 | 1 |
| Total | 8 | 2 | 0 | 1 |
| % of votes cast | 73% | 18% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Greenhalgh, Karen S. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Adams, Les R. | — | Yea |
| Christopher T. Head | — | Yea |
| David A. Reid | — | Nay |
| Jackie H. Glass | — | Nay |
| James A. "Jay" Leftwich | — | Yea |
| McGuire, John J., III | — | Yea |
| Phillip A. Scott | — | Yea |
| Ransone, Margaret B. | — | Not Voting |
| Schuyler T. VanValkenburg | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Not Voting |
| McClellan, Jennifer L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Mark J. Peake | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| T. Travis Hackworth | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
Subjects
Frequently asked questions
- What does SB 273 do?
- Elections; absentee voting; verification by social security number or unique identifier in lieu of witness signature. Requires the State Board of Elections to promulgate regulations for providing a unique identifier to any qualified voter who lacks a social security number and provides that such unique identifier can be accepted in place of a social security number for the purposes of voting absentee. The bill makes optional the current absentee ballot witness signature requirement by giving the voter the option to provide the last four digits of the voter's social security number and the voter's date of birth in lieu of a witness signature. The bill clarifies that verification of the required voter affirmation on absentee ballots by the general registrar includes matching any date of birth and last four digits of the social security number or assigned unique identifier provided as part of the voter affirmation against the information in the voter's registration record.
- Who sponsors SB 273?
- SB 273 is sponsored by Mark J. Peake, David R. Suetterlein, Adam P. Ebbin, Kiggans, Jennifer A., and Chase, Amanda F..
- What is the current status of SB 273?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 273?
- Track SB 273 free on One Click Politics — get push/email alerts when it moves.
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