SPECIAL SESSION I INTRODUCEDSENATE 22103317DSUBSTITUTE I22105809D SENATE BILL NO.
652 OfferedAMENDMENT JanuaryIN 18,THE 2022NATURE NOF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 1, 2022) (Patron Prior to Substitute––Senator Vogel) A BILL to amend and reenact §§§ 24.2-701 and 24.2-706 of the Code of Virginia, relating to absenTeeabsentee voting;
applicationBe requirements;it enacted by the General Assembly of Virginia:al security number.
last––––––––––ts of social security number.
R Patron––Vogel –––––––––– O Referred to Committee on Privileges and Elections D –––––––––– Be it enacted by the General Assembly of Virginia:
U 1.
That §§ 24.2-701 and 24.2-706 of the Code of Virginia are amended and reenacted as follows:
C § 24.2-701.
Application for absentee ballot.
official absentee ballots.
The registrars shall furnish applications to persons requesting them.ns for The Department shall implement a system that enables eligible persons to request and receive an absentee ballot application electronically through the Internet.
Electronic absentee ballot applications shall be in a form approved by the State Board.
Except as provided in § 24.2-703 or 24.2-703.1, a separate application shall be completed for each election in which the applicant offers to vote.
An application for an absentee ballot may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.
be held and processed no sooner than the fifth day after the date that the applicant registered to vote;l however, this requirement shall not be applicable to any covered voter, as defined in § 24.2-452.
Any application received before the ballots are printed shall be held and processed as soon as the printed ballots for the election are available.
2 For the purposes of this chapter, the general registrar's office shall be open a minimum of eight hours between the hours of 8:00 a.m.
and 5:00 p.m.
on the first and second Saturday immediately preceding all elections.
Unless the applicant is disabled, all applications for absentee ballots shall be signed by the applicant the best of his knowledge and belief the facts contained in the application are true and correct and that he has not and will not vote in the election at any other place in Virginia or in any other state.
If the applicant is unable to sign the application, a person assisting the applicant will note this fact on the applicant signature line and provide his signature, name, and address.
35 B.
Applications for absentee ballots shall be completed in the following manner:
36 1.
An application completed in person shall be completed only in the office of the general registrar 37 and signed by the applicant in the presence of a registrar.
The applicant shall provide one of the forms 38 of identification specified in subsection B of § 24.2-643, or if he is unable to present one of the penalties for making false statements pursuant to § 24.2-1016, that he is the named registered voter heny claims to be.
An applicant who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement in accordance with that section.
The provisions of § 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement.
Any applicant who does not show one of the forms of identification specified in subsection B of § 24.2-643 or does not sign this statement shall be offered a provisional ballot under the provisions of § 24.2-653.
The State Board of Elections shall provide instructions to the general registrar for the handling and couThis paragraph shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C.
§ 21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state.
At such election, such individual shall present (i) 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 the voter.
Such individual who desires to vote in person but does not show one of the forms of identification specified in this paragraph shall be offered a provisional ballot under the provisions of § 24.2-653.
The identification requirements of subsection B of § 24.2-643 and subsection A of § 24.2-653 shall not apply to such voter at such and counting of such provisional ballots pursuant to § 24.2-653.01 and this section.ards for the handling SB652 2 of 4 2.
Any other application may be made by mail, by electronic or telephonic transmission to a facsimile device if one is available to the office of the general registrar or to the office of the Department if a device is not available locally, or by other means.
The application shall be on a form furnished by the registrar or as specified in subdivision 3.
The application shall be made to the appropriate registrar no later than 5:00 p.m.
on the eleventh day prior to the election in which the applicant offers to vote.
3.
The application of any covered voter, as defined in § 24.2-452, may be on a federal postcard application, as defined in § 24.2-452.
The federal postcard application may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.
C.
Applications for absentee ballots shall contain the following information:
TheThat applicant's§ printed24.2-706 nameof and the lastCode fourof digitsVirginia ofis theamended applicant'sand socialreenacted securityas number.follows:
However, an applicant completing the application in person shall not be required to provide the last four digits of his social security number;
2.
A statement that he is registered in the county or city in which he offers to vote and his residence address in such county or city.
Any person temporarily residing outside the United States shall provide the last date of residency at his Virginia residence address, if that residence is no longer available to him.
Any covered voter, as defined in § 24.2-452, who is not a registered voter may file the applications to register and for a ballot simultaneously;
and 3.
The complete address to which the ballot is to be sent directly to the applicant, unless the application is made in person at a time when the printed ballots for the election are available and the applicant chooses to vote in person at the time of completing his application.
The address given shall be (i) the address of the applicant on file in the registration records;
(ii) the address at which he will be located while absent from his county or city;
or (iii) the address at which he will be located while temporarily confined due to a disability or illness.
No ballot shall be sent to, or in care of, any other person.
D.
An application shall not be required for any registered voter appearing in person to cast an absentee ballot pursuant to § 24.2-701.1.
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 maintained in the officeinspection ofand copying and the generalapplications registrarshall withbe aavailable filefor ofinspection theonly applicationsby received.any registered voter during regular office hours.
The list shall be available for inspection and copying and the applications shall be available for inspection only by any registered voter during regular office hours.
Any list made available for inspection and copying under this section shall contain the post office box address in lieu of the residence street address for any individual who has furnished at the time of registration or subsequently, in addition to hishisNo streetlist address,or aapplication postcontaining officean boxindividual's addresssocial pursuantsecurity tonumber, subsectionor Bany part thereof, or the individual's day and month of §birth, 24.2-418.shall be made available for inspection or copying by anyonT.
NoThe listDepartment orof applicationElections containingshall anprescribe individual'sprocedures socialfor securitygeneral number,registrars orto anymake partthe thereof,information orin the individual'slists day and monthapplications ofavailable birth,in shalla bemanner madethat availabledoes fornot inspectionreveal social security numbers or copyingpaEts bythereof, anyone.or an individual's day and month of birth.
The Department of Elections shall prescribe procedures for general registrars to make the information in the lists and applications available in a manner that does not reveal social security numbers or parts thereof, or an individual's day and month of birth.
The completion and timely delivery of an application for an absentee ballot shall be construed to be anThe offergeneral byregistrar shall note on each application received whether the applicant tois voteor inis thenot election.a registered voter.
TheIn reviewing the application for an absentee ballot, the general registrar shall notenot onreject eachthe application receivedof whetherany individual because of an error or omission on any record or paper relatiUg to the applicantapplication, isif such error or omission is not amaterial registeredin voter.determining whether such individual iB qualified to vote absentee.
InThe reviewingapplicant's thefailure applicationto forinclude an absentee ballot, the generallast registrarfour shalldigits not reject the application of anyhis individualsocial becausesecurity ofnumber an error or omission on anytheC. record or paper relating to the application, if such error or omission is not material in determining whether such individual is qualified to vote absentee.
TheIf applicant'sthe failureapplication tohas includebeen properly completed and signed and the lastapplicant fouris digitsa registered voter of histhe socialprecinct securityin numberwhich onhe offers to vote, the applicationgeneral shallregistrar beshall, consideredat the time when the printed ballots 36 for the election are available, send by the deadline set out in § 24.2-612, obtaining a materialcertificate omission.or other 37 evidence of either first-class or expedited mailing or delivery from the United States Postal Service or 38 other commercial delivery provider, or deliver to him in person in the office of the registrar,Tthe 39 following items and nothing else:
C.U in presence of a witness."ng the folded ballot, sealed and marked "Ballot within.
IfDo thenot applicationopen hasexcept been2. properly completed and signed and the applicant is a registered voter of the precinct in which he offers to vote, the general registrar shall, at the time when the printed ballots for the election are available, send by the deadline set out in § 24.2-612, obtaining a certificate or other evidence of either first-class or expedited mailing or delivery from the United States Postal Service or other commercial delivery provider, or deliver to him in person in the office of the registrar, the following items and nothing else:
1.
An envelope containing the folded ballot, sealed and marked "Ballot within.
Do not open except in presence of a witness." 2.
T "Statement of Voter." ofE 4 "I do hereby state, subject to felony penalties for making false statements pursuant to § 24.2-1016, that my FULL NAME is ________ (last, first, middle);
that I am now or have been at some time siIcesince lastVIRGINIA November'sincluding general election a legal resident of ________ (STATE YOUR LEGAL RESIDENCE IN N received the enclosedhouse ballot(s)number, uponstreet applicationname toor therural registrarroute ofaddress, suchcity, countyzip orcode); city;
that I openedreceived the envelopeenclosed markedballot(s) 'ballotupon within'application andto marked the ballot(s)registrar in the presence of thesuch witness,county without assistance or knowledgecity; on the part of anyone as to the manner in which I marked it (or I am reRurning the form required to report how I was assisted);
that I thenopened sealedthe envelope marked 'ballot within' and marked the ballot(s) in thisthe envelope;presence of the witness, without assistance or knowledge on the part of anyone as to the manner in which I marked it (or I am returning the form required to report how I was assisted);
that I then sealed the ballot(s) in this envelSpe;
O6 SignatureDate of__________________________ Voter2 ____________Signature Dof Datewitness _______________________________" 1 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.
§ 20301 et seq.) shall be sent tEto voters who are qualified to vote absentee under that Act.
SB652S1 2 of 2 When this statement has been properly completed and signed by the registered voter and witnessed, his ballot shall not be subject to challenge pursuant to § 24.2-651.
An envelope, properly addressed and postage prepaid, for the return of the ballot to the general reg4.registrar by mail or by the applicant in person, or to a drop-off location.
4.
§ 21083 of the Help America Vote Act of 2002 to show identification the first time thSthe voter votes in a federal election in the state, the printed instructions shall direct the voter to su6mitsubmit with his ballot (i) a copy of a current and valid photo identification or (ii) a copy of a current utili2yutility bill, bank statement, government check, paycheck or other government document that shows the name and address of the voter.
§ 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.ificincluded. The envelopes and instructions shall be in the form prescribed by the Department of Elections.
The envelopes and instructions shall be in the form prescribed by the Department of Elections.
ballotsE. 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.
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.
If the applicant is a covered voter, as defined in § 24.2-452, the general registrar, at the 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 forth in subdivisions C 1 through 4 and, if necessary, an application for registration.
A certificate or othernother evidence of mailing shall not be required.
The State Board of Elections may prescribe by registrarregulation maythe alsoformat useof electronic transmission facilities provided by the Federalemail Votingaddress Assistanceralused SB652for 4transmitting ofballots 4to Program.eligible voters.
A general registrar may also use electronic transmission facilities provided by the Federal Voting Assistance Program.