24.2-708 - Return of unused ballots; voting by applicant who did not receive or lost ballot; defaced ballots. - Virginia Statutes

§ 24.2-708. Return of unused ballots; voting by applicant who did not receiveor lost ballot; defaced ballots.

A. If for any reason a person, who has applied for and received a ballot,decides not to vote absentee, he shall return the ballot unopened, in thesealed envelope in which it was sent to him, to the electoral board, on orbefore the day of the election in which the ballot was intended to be used.

The electoral board shall note on the absentee voter applicant list, oppositethe name of the person returning the ballot, the fact that the ballot wasreturned unused and the date of the return. The electoral board shallcarefully preserve all ballots returned unused and deliver them, togetherwith other returned ballots, to the officers of election on election day. Avoter, who has returned his unused ballot as provided herein, shall beentitled to cast his vote in person on election day at his proper pollingplace or at a central absentee voter precinct established by the governingbody of the county or city where the person is registered to vote.

B. If for any reason a person who has applied for and has been sent anabsentee ballot does not receive the ballot or loses the ballot, he shall beentitled to cast another ballot after presenting to the electoral board,registrar or officer of election a statement signed by him that he did notreceive the ballot or has lost the ballot, subject to felony penalties formaking false statements as pursuant to § 24.2-1016. If such person offers tovote at his proper polling place or at a central absentee voter precinctestablished by the governing body of the county or city where he isregistered to vote on the day of the elections, he shall be entitled to casta provisional ballot pursuant to § 24.2-653.1.

C. If a person who has applied for and has been sent an absentee ballot hasunintentionally or accidentally defaced and rendered the ballot unfit forvoting, he shall be entitled to cast a ballot after presenting the defacedballot to the electoral board, registrar or officer of election. The returnedballot shall be marked spoiled by the electoral board, registrar or officerof election and placed in a spoiled-ballot envelope to be retained with theballots for the election. A voter who has returned his defaced ballot asprovided herein shall be entitled to cast his vote in person on election dayat his proper polling place or at a central absentee voter precinctestablished by the governing body of the county or city where he isregistered to vote.

(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.)