Chap. 505.—An ACT to amend and re-enact sections 202 to 218, both inclu-
sive, of the Code of Virginia, and to repeal sections 219 and 220 of the
Code of Virginia. °° [H B 369]

Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions two hundred and two to two hundred and eighteen, both in-
clusive, of the Code of Virginia be amended and re-enacted so as to
read as follows:

Section 202. Absent voter may vote—Any voter, only when re-
quired by his regular business or habitual duties to be absent from
the city, if in a city, or from the precinct, if in a county, in which
he is registered, may vote; provided,

Section 203. Letter of application for ballot, when and how for-
warded.—He shall make application in writing for a ballot to the
registrar of his precinct, not less than fifteen nor more than sixty
days prior to the primary or general election in which he desires
to vote, if he be within the confines of the United States, or not less
than sixty days nor more than ninety days, if he be in the: Philip-
pines, Hawaii, Porto Rico, the Canal zone, or in touch with an Ameri-
can consulate in territory over which the United States has no juris-
diction. The application may be handed to the registrar in person,
or forwarded to him by mail, and shall contain necessary postage,
or the correct amount in legal tender, necessary for registering the
ballot to him, and full directions for mailing the same. But the
failure to enclose necessary postage shall not render void a vote
otherwise legally cast.

Section 204. When voter out of jurisdiction of United States;
how ballot to be sent; when in army or navy.—When the voter is
not within the jurisdiction of the United States, the letter containing
the ballot shall be directed in care of the nearest American consulate,
and when in service of the army or navy, of his commanding officer.

Section 205. Duty of registrar on receipt of application—The
registrar, upon receipt of the application for ballot, if the applicant
is duly registered in that precinct, shall enroll the name and address
of the applicant on a list to be kept by him for the purpose, and for-
ward to the applicant by registered mail the following, all of which
shall be furnished by the electoral board: |

(a) An envelope containing the folded ballot, sealed and marked
“Ballot within. Do not open except in presence of postmaster” (or
other person mentioned in section two hundred and eight).

(b) An envelope, for resealing the marked ballot, on which is
printed the “voucher,” form of which is hereinafter provided. .

(c) A properly addressed envelope for. the return of said ballot.

(d) A printed slip giving full instructions regarding the manner
of marking of the ballot, in order that the same may be counted,
and how prepared and returned.

(e) A “coupon,” the form of which is hereinafter given.

Section 206. Form of voucher.—The “voucher: called for in sec-
tion two hundred and five, and printed on the envelope in which the
ballot is to be sealed up after the same has been marked, shall be in
the following form:

Voucher.

This is to certify that the enclosed ballot was received by me as
per my application to the registrar of _-_..__-_- precinct, _-_-------
county (or city), Virginia. The envelope marked “ballot within” was
opened by me in the presence of ---------------~---~__-.-----
postmaster (or other person mentioned in section two hundred and
eight, infra), of ------~- , marked while in his presence and office

without assistance or knowledge on the part of anyone as to manner
in which same was prepared, and then and there sealed as provided
by law.

‘Postmaster.
(or other person designated in section two hundred and eight).
Section 207. Form of coupon.—The “coupon” called for in sec-
tion two hundred and six shall be in the following form:

Coupon.

Name (given by voter) ~-.----- , color _-__-__- , height _---_-_- ,
age (given by voter) ~---___- , color of hair ~-----__ , color of eyes
-------- , weight (estimated) ~-------, birthplace (given by voter)
~------- , occupation (given by voter) ~--.----, State and precinct

where voter claimed to have last voted ____----.

To the best of my knowledge, the above information is correct,
and the applicant has complied with the requirements of the law
as above provided. I have no knowledge whatever of the marking,
erasure, or intent of the ballot enclosed.

(Signed) ~--------.--.----_-----_-----.
Postmaster.
(or other person mentioned in section two hundred and eight).

Section 208.- Receipt, voting and return of ballot—Upon receipt
of the registered letter, forwarded by the registrar, the voter shall
not open the sealed envelope, marked “ballot within,” except in the
presence of the postmaster, or his assistant, postal clerk, or rural
letter carrier, and shall then and there mark and refold the ballot
without assistance and without making known the manner of mark-
ing same. He shall then and there place the ballot in the envelope
provided for the same, seal the same, and fill in and sign the voucher
printed on the back of the envelope, in the presence of the postmaster
or other person hereinabove provided, who shall witness the same in
writing. This envelope, together with the coupon, which must be
filled out and signed by the postmaster, or other person as herein
provided, shall be enclosed within the envelope directed to the regis-
trar, which shall then and there be sealed, registered, and mailed to
the registrar.

Section 209. Voting by elector described in section two hundred
and four.—An elector, receiving his baffot under the provisions of
section two hundred and four, shall conform to all the requirements
of the preceding section, except that the consul, or his assistant, if
received at a consulate, or his commanding officer, or some commis-
sioned officer designated by him, if in the army or navy, shall answer
in all respects for, and perform all the duties required of the post-
master or his assistant or other officer mentioned in the preceding
section; preserving, however, all the secrecy of the ballot as therein
provided; and the same shall be registered and mailed by the first
mail thereafter leaving said consulate, command or vessel.

Section 210. Ballots to be furnished by electoral board.—lIt shall
be the duty of the electoral board of each county and city to furnish
the registrar of each precinct with a sufficient number of official
ballots, each properly sealed in an envelope marked “Ballot within.
Do not open except in presence of postmaster” (or other person men-
tioned in section two hundred and eight), and take his receipt there-
for. And it shall be the duty of the registrar to deliver to the judges
of election on election day all unused ballots in their original sealed
envelopes which remain in his possession, to be by them destroyed
as are other unused ballots on that day.

Section 211. Deposit of return ballot by registrar—Upon the re-
ceipt of the ballot from the voter, the registrar shall on the list kept
by him, mentioned in section two hundred and five, write in ink,
“Received ballot on ~-.---._--__ date” and shall file the coupon en-
closed with the sealed ballot, with the letter of application, and de-
posit the envelope containing the ballot, unopened, in a sealed box to
be provided for the purpose, and there it shall remain until the day
of election.

Section 212. Names of applicants for ballots to be posted—On
the morning of the day of election on which the ballots are to be
offered, the registrar shall post a true copy of the list required by
sections two hundred and five and two hundred and eleven in a con-
spicuous place at the polling place of his precinct.

Section 213. Box containing ballots to be delivered to judge.—On
the day of election the registrar shall deliver the box containing the
sealed ballots together with the letters of application and their accom-
panying coupons enclosed in envelopes and the lists required by sec-
tions two hundred and five and two hundred and eleven to be kept
by him, to the judges of election at his precinct, taking their receipt
therefor.

Section 214. Opening box containing ballots.—At the close of the
regular balloting, the box shall be opened by the judges of election,
and the ballots deposited in regular ballot boxes as follows: As each
envelope is removed from the box, the name of the voter is to be
called and checked as if the voter were voting in person. If found
entitled to cast his vote, the envelope is then, but not until then,
opened, and the ballot deposited in the regular box without examin-
ing or unfolding it, and the name of the voter entered by the clerks
on the poll books.

Section 215. Disposition of empty envelopes——When all ballots
have been accounted for and either voted or rejected, the empty
envelopes that previously contained the ballots are to be placed in ar
envelope with letters of application and coupons, and they, together
with the rejected envelopes, if any, on which, or attached, shall be
plainly written the cause of rejection, signed by a majority of the
judges, shall be sealed up with the ballots cast at said election to be
delivered as provided by law.

Section 216. Fees of registrar—The registrar shall receive for
each voter availing himself of the provisions of this chapter the same
fee that he receives for registering a voter, and the compensation for
posting notices shall also be governed by the general election laws.

Section 217. Penalties prescribed.—Any person attempting to aid
or abet fraud in connection with any vote cast, or to be cast, under
the provisions of this chapter, shall, upon conviction, be sentenced
to the penitentiary for not less than one nor more than five years.

Any person attempting to vote by fraudulently signing the name
of a regularly qualified voter shall be guilty of forgery.

Any public official who knowingly violates any of the provisions
of this chapter, and thereby aids in any way the illegal casting, or
attempting to cast. a vote, or who shall connive to nullify any pro-
visions of this chapter in‘order that fraud may be perpetrated, shall
forever be disqualified from holding office in the Commonwealth, and
shall forever be disqualified from exercising the right of franchise.

Section 218. Chapter shall be liberally construed in favor of
absent voter.—The provisions of this chapter shall be liberally con-
strued in favor of the absent voter.

2. That sections two hundred and nineteen and two hundred and
twenty be, and the same are, hereby repealed.