Chap. 174.—An ACT to amend and re-enact section 208 of the Code of Virginia,
as heretofore amended, in relation to method of voting by an absent voter;
and prohibiting a candidate from certifying the ballot of such a voter, and
prescribing penalty therefor. [H B 73]

Approved March 13, 1936

1. Be it enacted by the General Assembly of Virginia, That sec-
tion two hundred and eight of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows;
Section 208. 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 a notary public or other of-
ficer authorized by law to take acknowledgments to deeds, and shall
then and there mark and refold the ballot without assistance and
without making known the manner of marking 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 a notary public or other officer herein-
above provided, who shall witness the same in writing. This envelope,
together with the coupon, which must be filled out and signed by a
notary public, or other officer as herein provided, shall be enclosed
within the envelope directed to the registrar, which shall then and
there be sealed, and shall be registered and mailed to the registrar, or
delivered to the registrar in person; provided, however, that no reg-
istrar shall go in person to any voters for the purpose of receiving
such ballot from him, except it be such person to whom he is auth-
orized to go in person to deliver a ballot, as provided in section two
hundred and five, as amended.

Any notary or other officer above mentioned who is a candidate
for nomination or for any office, who shall so witness or certify the
ballot of any such absent voter, to be cast at the same election at
which such notary or other officer is to be voted for, shall be guilty of a
misdemeanor. If for any reason a person, who has applied for and
received a ballot, should decide not to vote the same, it shall be his
duty to return such ballot unopened, in the sealed envelope in which
it was received, to the registrar from whom he received the same, at least
three days before the day of the election in which such ballot was in-
tended to be used.

The registrar shall note on the list required by section two hun-
dred and five, to be kept by him, opposite the name of the person
returning such ballot, the fact that the same was returned unused,
with the date of the return thereof, and he shall carefully preserve
all such ballots so returned and deliver them, together with the other
unused ballots in his hands, to the judges of election on election
day, as provided in section two hundred and ten. Then if said voter
shall return to his precinct, after having returned his unused ballot
as provided herein and present himself to personally cast his vote
on election day he shall be entitled to cast his ballot,