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A BILL to amend and reenact §§
24.2-612
and
24.2-646.1
of the Code of Virginia and to repeal §
24.2-453
of the Code of Virginia, relating to elections; Uniform Military and Overseas Voters Act; restrictions on ballot eligibility; repeal.
Be it enacted by the General Assembly of Virginia:
1. That §§
24.2-612
and
24.2-646.1
of the Code of Virginia are amended and reenacted as follows:
§
24.2-612
. List of offices and candidates filed with Department of Elections and checked for accuracy; when ballots printed; number required.
Immediately after the expiration of the time provided by law for a candidate for any office to qualify to have his name printed on the official ballot and prior to printing the ballots for an election, each general registrar shall forward to the Department of Elections a list of the county, city, or town offices to be filled at the election and the names of all candidates who have filed for each office. In addition, each general registrar shall forward the name of any candidate who failed to qualify with the reason for his disqualification. On that same day, the general registrar shall also provide a copy of the notice to each disqualified candidate. The notice shall be sent by email or regular mail to the address on the candidate's certificate of candidate qualification, and such notice shall be deemed sufficient. The Department of Elections shall promptly advise the general registrar of the accuracy of the list. The failure of any general registrar to send the list to the Department of Elections for verification shall not invalidate any election.
Each general registrar shall have printed the number of ballots he determines will be sufficient to conduct the election. Such determination shall be based on the number of active registered voters and historical election data, including voter turnout, and shall be subject to the approval by the electoral board.
Notwithstanding any other provisions of this title, the Department of Elections may print or otherwise provide one statewide paper ballot style for each paper ballot style in use for presidential and vice-presidential electors for use only by persons eligible to vote for those offices only under §
24.2-402
or only for federal elections under §
24.2-453
. The Department of Elections may apportion or authorize the printer or vendor to apportion the costs for these ballots among the localities based on the number of ballots ordered. Any printer employed by the Department of Elections shall execute the statement required by §
24.2-616
. The Department of Elections shall designate a representative to be present at the printing of such ballots and deliver them to the appropriate general registrars pursuant to §
24.2-617
. Upon receipt of such paper ballots, the electoral board or the general registrar shall affix the seal of the electoral board. Thereafter, such ballots shall be handled and accounted for, and the votes counted as the Department of Elections shall specifically direct.
The general registrar shall make printed ballots available for absentee voting not later than 45 days prior to any election or within three business days of the receipt of a properly completed absentee ballot application, whichever is later. In the case of a special election, excluding for federal offices, if time is insufficient to meet the applicable deadline established herein, then the general registrar shall make printed ballots available as soon after the deadline as possible. For the purposes of this chapter, making printed ballots available includes mailing of such ballots or electronic transmission of such ballots pursuant to §
24.2-706
to a covered voter, as defined in §
24.2-452
, who has applied for an absentee ballot pursuant to §
24.2-701
. Not later than five days after absentee ballots are made available, each general registrar shall report to the Department of Elections, in writing on a form approved by the Department of Elections, whether he has complied with the applicable deadline.
Only the names of candidates for offices to be voted on in a particular election district shall be printed on the ballots for that election district.
The general registrar shall send to the Department of Elections a statement of the number of ballots ordered to be printed, proofs of each printed ballot for verification, and copies of each final ballot. If the Department of Elections finds that, in its opinion, the number of ballots ordered to be printed by any general registrar is not sufficient, it may direct the general registrar to order the printing of a reasonable number of additional ballots.
§
24.2-646.1
. Permitted use of paper ballots.
The official paper ballot shall be used by a voter to cast his vote only in one of the following circumstances:
1. The official paper ballot is the only ballot in use in the precinct.
2. The official paper ballot is used by voters voting outside of the polling place pursuant to §
24.2-649.1
.
3. The voter is casting a provisional ballot.
4. The voter is provided an official paper ballot or copy thereof pursuant to §
24.2-642
when voting equipment is inoperable or otherwise unavailable.
5. The official absentee paper ballot voted in accordance with (§
24.2-700
et seq.).
6. The voter is provided an official paper ballot for a presidential election pursuant to §
24.2-402
or for federal elections pursuant to §
24.2-453
.
2. That §
24.2-453
of the Code of Virginia is repealed.