Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 70. Absentee Voting

1VAC20-70-80. Absentee ballot witness signatures during qualifying state of emergency.

A. "Declared state of emergency related to a communicable disease of public health threat" or "state of emergency" means a state of emergency declared by the Governor of Virginia pursuant to the Governor's authority under Article V, Section 7 of the Constitution of Virginia in response to a communicable disease of public health threat, as defined in § 44-146.16 of the Code of Virginia.

B. If such a state of emergency is declared prior to the start of in-person absentee voting under § 24.2-701.1 of the Code of Virginia for an election and is ongoing at the beginning of the in-person absentee voting period, then a witness signature is not required on any absentee ballot otherwise validly submitted for that election. This rule applies to all absentee ballots submitted for that election, including any absentee ballot submitted after the state of emergency has ended.

C. If the Governor of Virginia declares such a state of emergency during the in-person absentee voting period preceding Election Day, no absentee ballot returned after such declaration of state of emergency requires a witness signature. This rule applies to any absentee ballots submitted after the state of emergency has ended.

Statutory Authority

§ 24.2-707 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 1, eff. August 11, 2021.

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