Virginia State Board of Elections : Absentee Voting in Emergencies

Emergency Ballot Applications

Code sections 24.2-705.1 and 24.2-705.2 permit any person to vote absentee who finds out after noon on the Saturday immediately before election day that he will be away from his county or city of residence on election day for one of the four following reasons:

• Absent for a purpose relating to his business, profession, or occupation.  Must provide the name of his employer or business;
• Due to their own impending hospitalization either later on the day before the election or on election day;
• Due to the hospitalization of a member of his/her immediate family;
• Due to the death of a member of his/her immediate family;

i      (Immediate family member is defined as the child, grandchild, grandparent, parent, sibling, or spouse of the applicant)

• To serve as an officer of election in another precinct.

This voter must:

• Apply in person at the office of the general registrar of his county or city of residence before 2:00 p.m. on the day before the election.
• Complete and sign the Business/Personal/Medical Emergency Absentee Ballot Application.
• Vote in the same manner as any other in-person absentee voter.

Emergency Absentee Ballot for Persons Incapacitated or Hospitalized

The Code of"

Emergency Ballot Applications

Code sections 24.2-705.1 and 24.2-705.2 permit any person to vote absentee who finds out after noon on the Saturday immediately before election day that he will be away from his county or city of residence on election day for one of the four following reasons:

• Absent for a purpose relating to his business, profession, or occupation.  Must provide the name of his employer or business;
• Due to their own impending hospitalization either later on the day before the election or on election day;
• Due to the hospitalization of a member of his/her immediate family;
• Due to the death of a member of his/her immediate family;

i      (Immediate family member is defined as the child, grandchild, grandparent, parent, sibling, or spouse of the applicant)

• To serve as an officer of election in another precinct.

This voter must:

• Apply in person at the office of the general registrar of his county or city of residence before 2:00 p.m. on the day before the election.
• Complete and sign the Business/Personal/Medical Emergency Absentee Ballot Application.
• Vote in the same manner as any other in-person absentee voter.

Emergency Absentee Ballot for Persons Incapacitated or Hospitalized

The Code of"24.2-705.1 and 24.2-705.2 permit any person to vote absentee who finds out after noon on the Saturday immediately before election day that he will be away from his county or city of residence on election day for one of the four following reasons:

• Absent for a purpose relating to his business, profession, or occupation.  Must provide the name of his employer or business;
• Due to their own impending hospitalization either later on the day before the election or on election day;
• Due to the hospitalization of a member of his/her immediate family;
• Due to the death of a member of his/her immediate family;

i      (Immediate family member is defined as the child, grandchild, grandparent, parent, sibling, or spouse of the applicant)

• To serve as an officer of election in another precinct.

This voter must:

• Apply in person at the office of the general registrar of his county or city of residence before 2:00 p.m. on the day before the election.
• Complete and sign the Business/Personal/Medical Emergency Absentee Ballot Application.
• Vote in the same manner as any other in-person absentee voter.

Emergency Absentee Ballot for Persons Incapacitated or Hospitalized

The Code of"

Emergency Ballot Applications

Code sections 24.2-705.1 and 24.2-705.2 permit any person to vote absentee who finds out after noon on the Saturday immediately before election day that he will be away from his county or city of residence on election day for one of the four following reasons:

• Absent for a purpose relating to his business, profession, or occupation.  Must provide the name of his employer or business;
• Due to their own impending hospitalization either later on the day before the election or on election day;
• Due to the hospitalization of a member of his/her immediate family;
• Due to the death of a member of his/her immediate family;

i      (Immediate family member is defined as the child, grandchild, grandparent, parent, sibling, or spouse of the applicant)

• To serve as an officer of election in another precinct.

This voter must:

• Apply in person at the office of the general registrar of his county or city of residence before 2:00 p.m. on the day before the election.
• Complete and sign the Business/Personal/Medical Emergency Absentee Ballot Application.
• Vote in the same manner as any other in-person absentee voter.

Emergency Absentee Ballot for Persons Incapacitated or Hospitalized

The Code of"Virginia provides a method for certain voters who are hospitalized just prior to an election to obtain and vote an emergency absentee ballot.  (§ 24.2-705.)  These voters may request, at any time prior to 2 P.M. on the day preceding the election, that an “Emergency Absentee Ballot Application” be delivered to him in the hospital or place of confinement.

The eligible qualified voter is one who becomes hospitalized:

• on or after the seventh day preceding an election; or
• on or after the fourteenth day before the forthcoming election and his condition has made the voter unable to request an absentee ballot sooner than the seventh day before an election.

The following qualified voters are also eligible:

•   For the purposes of this section, "incapacitated" means hospitalized, ill and confined to his residence, bereaved by the death of a spouse, child or parent, or otherwise incapacitated by an emergency which is found by the electoral board to justify providing an emergency ballot application

Request for Emergency Application

The hospitalized voter must ask the general registrar to provide an “Emergency Application For Absentee Ballot” by telephone or in writing at any time prior to 2:00 p.m. on the day before the election.  In either case, the voter must provide the name of the person selected to be the representative designated to pick up and return the application and ballot.

A qualified voter's designated representative must be eighteen years of age or older and cannot be:

• an elected official;
• a candidate for elected office; or
• the deputy, spouse, parent or child of an elected official or candidate.

The “Emergency Absentee Ballot Application” (SBE-705) is given to the hospitalized voter's designated representative for transmittal to the hospitalized voter.

This form is printed, front and back, on green paper.

Return of Completed Application

The blank application may be faxed to the designated representative or to the voter, but must be returned in person in order for the representative to pick up the ballot.

When the hospitalized or incapacitated voter's designated representative returns the completed “Emergency Absentee Ballot Application,” the secretary of the electoral board, the registrar or the assistant registrar must verify:

• that the applicant is a qualified voter;
• that the name of the designated representative is listed;

• that the completed application is received no sooner than the seventh day preceding the election and no later than 5:00 p.m. on the day preceding the election;
• that the certificate portion has been completed and signed by a hospital official or licensed physician, or if ill and confined to his residence by a licensed physician or an accredited religious practitioner, or if bereaved by a licensed physician, accredited religious practitioner or a funeral service licensee;
• that the hospitalized or incapacitated voter has properly completed and signed the application;
• that the designated representative has signed and completed the witness portion of the form; and

• that the information provided indicates that the voter was hospitalized on or after the seventh day before the election; or

• that the voter was hospitalized on or after the fourteenth day before the election in a condition that made the voter unable to request an absentee ballot sooner than the seventh day before the election.

Providing Absentee Ballot

Prior to providing the hospitalized or incapacitated voter's designated representative with an absentee ballot, the secretary of the electoral board, the registrar or the assistant registrar should request identification from the designated representative to assure that he is the person designated by the voter.  Although a form of picture identification would be preferred, any item bearing the representative's name is acceptable.

i      Failure to provide identification will not disqualify the application.

The secretary of the electoral board, the registrar, or the assistant registrar prepares the absentee ballot in the same manner as a mailed absentee ballot but includes the “Instructions For Emergency Absentee Voting” and hands the sealed envelope to the hospitalized or incapacitated voter's designated representative for delivery to the voter. The properly executed absentee ballot must be delivered to the registrar's office prior to 7:00 p.m. on election day.  Any “Emergency Absentee Ballot” received after the 7:00 PM on election day shall not be counted.

If the hospitalized or incapacitated voter indicates that assistance will be needed in the preparation of the ballot due to a physical or educational disability, a “Request For Assistance Form” (SBE-649), will be included with the absentee voting materials.

Affidavit of Designated Representative

Upon returning the absentee ballot, the hospitalized or incapacitated voter's designated representative must complete an affidavit (SBE-705-1), under oath, stating that he:

• is the designated representative;
• meets the qualifications of a representative;
• personally delivered the ballot to the voter who applied for it;
• was in the presence of the voter when the voter marked the ballot, that it was placed in the envelope provided, the envelope sealed, and the statement on its reverse side subscribed by the voter; and
• returned the ballot, under seal, to the electoral board at the registrar's office.

Registrar's Certification

After the hospitalized or incapacitated voter's designated representative has executed the affidavit, the registrar or assistant registrar must complete the lower portion of the form by inserting, as appropriate:

• Application number;
• Precinct name and number;
• Date ballot returned; and
• Time ballot returned.