                                 CODE OF VIRGINIA

POSTPONEMENT OF CERTAIN ELECTIONS; STATE OF EMERGENCY (§ 24.2-603.1)

For purposes of this section, &#8220;election&#8221; means (i) any local or
state referendum, (ii) any primary, special, or general election for local or
state office except a general election for Governor, Lieutenant Governor,
Attorney General and the General Assembly, (iii) any primary for federal office
including any primary for the nomination of candidates for the office of
President of the United States, or (iv) any federal special election to fill a
vacancy in the United States Senate or the United States House of
Representatives. In the event of a state of emergency declared by the Governor
pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 or declared by the
President of the United States or the governor of another state pursuant to law
and confirmed by the Governor by an executive order, the Governor may postpone
an election by executive order in areas affected by the emergency to a date,
notwithstanding the provisions of § 24.2-682, not to exceed 14 days from the
original date of the election.

If a local governing body determines that a longer postponement is required, it
may petition a three-judge panel of the Virginia Supreme Court, to include the
Chief Justice as the presiding Justice, for an extension. The Chief Justice
shall choose the other two Justices by lot. The Court may postpone the election
to a date it deems appropriate, notwithstanding the provisions of § 24.2-682,
not to exceed 30 days from the original date of the election.

Only those persons duly registered to vote as of the original date of the
election shall be entitled to vote in the rescheduled election.

If, as a direct result of the emergency, any ballots already cast at the polling
places or equipment on which ballots have been cast, or any voted absentee
ballots already received by the appropriate election officials or any equipment
on which absentee ballots have already been cast have been destroyed or
otherwise damaged so that such ballots cannot be counted manually or by a voting
system, the Governor (i) shall specify that such ballots or votes previously
cast by machinery or paper need to be recast on or by the rescheduled election
date so that they may be counted and (ii) shall direct the appropriate election
officials to immediately send replacement absentee ballots to all absentee
voters whose voted ballots are known to have been so destroyed or damaged. Such
instructions may be issued by executive order separately from the executive
order postponing the election. Any absentee ballots duly cast and received by
the rescheduled election date and able to be counted shall be valid and counted
when determining the results of the rescheduled election; however, if more than
one absentee ballot is received from any voter, only the first absentee ballot
received and able to be counted shall be counted. Any person who was duly
registered to vote as of the original date of the election, and who has not
voted, or who is permitted to recast their ballot due to the emergency, may vote
by absentee ballot in accordance with the provisions of Chapter 7 (§ 24.2-700
et seq.) in the rescheduled election. Official ballots shall not be invalidated
on the basis that they contain the original election date.

If the postponement of the election is ordered after voting at the polls on the
original election date has already commenced, all qualified voters in a precinct
in which any voted ballots, voting equipment containing voted ballots or
pollbooks recording who has already voted in that precinct have been destroyed
or damaged as a direct result of the emergency, so that the votes cannot be
counted or it cannot be determined who has already voted, shall be allowed to
vote in the rescheduled election, and no votes cast at the polls on the original
election date shall be counted. If the postponement of the election is ordered
after voting at the polls on the original election date has already commenced
and no ballots cast at the polls, voting equipment containing voted ballots, or
pollbooks recording who has already voted in that election in that precinct have
been destroyed or damaged as a direct result of the emergency, only qualified
voters who had not yet voted shall be eligible to vote on the rescheduled
election day and all votes cast on the original and postponed election dates
shall be counted at the close of the polls on the rescheduled election day.

The provisions of § 24.2-663 requiring the voiding of all ballots received from
any voter who votes more than once in the same election shall not apply to
ballots otherwise lawfully cast or recast pursuant to this section; however, no
more than one ballot may be counted from any voter in the same election. If one
ballot has already been counted, any additional ballots from the same voter
shall be void and shall not be counted. The provisions of § 24.2-1004 or any
other law prohibiting any voter from voting more than once in the same election,
or any oath attesting to the same, shall not apply to ballots otherwise lawfully
cast or recast pursuant to this section.

No results shall be tallied or votes counted in any postponed election before
the closing of the polls on the rescheduled election date. Officers of election
in unaffected areas shall count and report the results for the postponed
election after the close of the polls on the rescheduled election date. The
counting may take place at the precinct or another location determined by the
local electoral board.

The State Board shall prescribe appropriate procedures to implement this
section.

HISTORY: 2002, cc. 785, 819; 2004, c. 205; 2014, cc. 540, 576.