An Act to amend and reenact § 24.2-705 of the Code of Virginia, relating to elections; absentee voting; emergency application for absentee ballot.
Summary
HB1244 amends Virginia’s emergency absentee voting law, § 24.2-705, to clarify and expand the circumstances under which a voter may obtain and cast an emergency absentee ballot. The bill preserves the existing process for voters who become unable to apply for or vote because of hospitalization, illness, or the death of certain close family members, and it also covers other emergencies the Department of Elections determines justify emergency absentee voting. It further addresses voters who applied on time but have not received a ballot within 10 days of the election and will be unable to vote in person because of an emergency circumstance.
The bill also sets out the role and qualifications of a voter’s designated representative, including age and conflict-of-interest restrictions, and requires sworn statements under felony penalty for false statements. It authorizes in-person absentee voting in the registrar’s office through 2:00 p.m. the day before the election for voters whose late-arising obligations or family emergencies will prevent election-day voting, and for election officers assigned to work outside their home precinct after the Saturday deadline. In addition, it gives the Commissioner of Elections administrative authority to facilitate absentee voting for emergency workers, utility workers, and others responding to a declared state of emergency, including use of central issuance and acceptance procedures similar to those used for uniformed service voters.
Impact
HB1244 amends a single section of the Code of Virginia governing emergency absentee voting, broadening and clarifying access to absentee ballots for voters facing last-minute emergencies and for certain workers responding to declared emergencies. It affects general registrars, the Department of Elections, designated representatives, emergency workers, utility workers, and voters who miss standard absentee deadlines because of qualifying circumstances. The bill also reinforces procedural safeguards through sworn statements and felony penalties for false declarations.
Sentiment
The bill appears to have been generally supported, passing committee and floor votes with substantial margins in both chambers. The House approved it 92-5 and the Senate passed it 24-16, indicating broad but not unanimous agreement. The committee history shows strong favorable reporting, suggesting the measure was viewed as a practical election-administration update rather than a major policy overhaul.
Contention
The main point of contention appears to be the balance between expanding access to emergency absentee voting and maintaining election integrity. Supporters likely viewed the bill as a necessary accommodation for voters facing sudden illness, family emergencies, delayed ballot delivery, and emergency-response duties. Opponents, reflected in the recorded no votes in the House and especially the Senate, may have been concerned about the breadth of discretionary emergency categories, the use of designated representatives, and the administrative flexibility granted to the Commissioner of Elections. The bill’s felony-penalty affidavits and representative restrictions suggest an effort to address those integrity concerns.
Elections; voter identification containing photograph required; who may register up to and including the day of the election; absentee ballot application requirements; absentee voting in person availability; return of absentee ballots.