Chap. 286.—An ACT to provide facilities and opportunity for absentee voting by
members of the armed forces and certain affliated services by making certain
temporary changes in the primary and general election laws of the State relat-
ing to the nomination and election of Senators and Representatives in Congress,
and the election of Electors for President and Vice-President, with respect to
(a) the effect of failure to register and pay poll taxes by said members upon
their eligibility to vote and the furnishing of absentee ballots to them; (b) the
time within which candidates for said offices shall qualify so as to have their
names printed on the official ballots, and (c) the time for and method of print-
ing said ballots, and to provide for compliance by State and local officers with
the provisions of certain Federal statutes relating to absentee voting by members
of the armed forces in such elections, and to limit the duration of this act.

[S 185]
Approved March 25, 1944

Whereas, a large percentage of the citizens of Virginia are members
of the armed forces and will be unable to participate as voters in con-
gressional and presidential elections unless certain changes are made in
the election laws of this State so as to provide them with absentee ballots
and allow sufficient time for the transmission and return of said ballots;
and,

Whereas, the Congress of the United States passed an act approved
September sixteenth, nineteen hundred forty-two, known as Public Law
numbered seven hundred twelve, providing that in time of war certain
absent members of the land and naval forces shall be entitled to vote in
said elections without compliance with the requirements of State election
laws relating to registration and payment of poll taxes ; and,

Whereas, the Attorney General of Virginia, on October seventeenth,
nineteen hundred and forty-two, rendered an official opinion that, in view
of the war powers of Congress to draft citizens into the armed forces and
to protect their civil and property rights in their absence, the provisions
of said act of Congress should be recognized and complied with by the
election officials and other officers of this State;
fol Now, therefore, be it enacted by the General Assembly of Virginia, as

ollows:

1. Section 1. Declaration of Public Policy.—It is hereby declared
to be the public policy of Virginia to encourage, aid, and facilitate voting
by her citizens who are members of the armed forces in all elections for
public officers.

Section 2. Eligibility to Vote of Members of Armed Forces.—Dur-
ing the effective period of this act the State and local election officers
and other officials shall comply with the provisions of said act of Con-
gress known as Public Law numbered seven hundred twelve, in so far
as same relates to the rights of certain citizens of Virginia who are mem-
bers of the armed forces of the United States to vote in elections for elec-
tors for President and Vice President, and for Senators and Represen-
tatives in Congress, and said absentee members of the armed forces shall
be deemed to be entitled to vote in said general and primary elections
without complying with the election laws of this State requiring regis-
tration by voters and payment of poll taxes by them.

Section 3. Qualification of Candidates—During the effective period
of this act, in order that ballots may be printed in ample time for the
transmission of same to absent members of the armed forces overseas,
and their return, all political parties desiring to nominate candidates for
Senators and Representatives in Congress shall make and complete their
nominations in the manner provided by law on or before the first Tuesday
in August, and the proper authorities of each political party shall certify
the names of its candidates to the Secretary of the Commonwealth within
seven days after said day. All candidates for Senators and Represen-
tatives shall file their notices of candidacy and petitions, if any, required
by section one hundred and fifty-four of the Code of Virginia, within
seven days after the first Tuesday in August with the Secretary of the
Commonwealth. Every political party desiring to have the names of can-
didates nominated by it for President and Vice President printed on the
official election ballot shall cause some person or persons representing
it to furnish the names of its candidates, together with the names of the
electors expected to vote for same in the electoral college, to the Secre-
tary of the Commonwealth within seven days after the first Tuesday in
August. The name of no candidate whose name is not so certified, or
whose notice of candidacy, if the filing of such a notice is required by said
Code section one hundred and fifty-four, is not filed within the time
required by this section, shall be printed on any official ballot for said
election.
Section 4. Printing of and Marking of Ballots—Immediately after
the expiration of the time within which the names of candidates may be
filed as provided in section three hereof, the Secretary of the Common-
wealth shall certify the names of all qualified candidates to local electoral
boards as provided by law, and shall cause to be printed an adequate
number of ballots for use by the Virginia members of the armed forces,
placing thereon the names of all candidates rendered eligible by compli-
ance with said section three. The ballots shall be printed on the lightest
weight paper available which is of sufficient tensile strength for such use.
Separate ballots shall be printed for the use of the voters in each Con-
gressional District, and at the top of each ballot shall be printed: “Vir-
ginia Ballot, .............20..---- Congressional District.” The Secretary
shall insert the appropriate District number.

The names of the candidates for President and Vice President shall
be first placed on the ballot, followed next in order by those of candidates
for United States Senator and then by those of candidates for the mem-
ber of the House of Representatives from the particular district in which
the ballot is to be used. An appropriate entry shall be made on the
ballot opposite, above, or below the names of the candidates designat-
ing the political party of which each candidate is the nominee.

The names of the electors of the political parties shall not be placed
on the ballot, but a vote for the presidential nominee of a party shall be
counted by the election judges as a vote for the candidates of said nomi-
nee’s party for Vice President and electors.

At the bottom of the ballot shall be printed the following: ‘Vote
for your choice by placing a check mark (\/) in the square preceding his
name.”

In all respects except as herein provided the form of the ballot shall
be as provided in section one hundred and fifty-five of the Code of Vir-
ginia and other relevant statutes.

Section 5. Application for Ballots—(a) General Elections. Any
member of the land and naval forces, as hereinafter defined, who is ab-
sent or expects to be absent from the place of his residence on election
day, desiring to vote in any general election for the officers mentioned in
section two hereof may make application in writing by post card or
otherwise to the Secretary of the Commonwealth for an absentee ballot.
No particular form of application shall be required, but it shall be suf-
ficient for the applicant to state the active service he is a member of, and
for the applicant to express his desire for a ballot or to vote in said elec-
tion for President, and/or for the Representative of his Congressional
District, and state also the district in which he resides, or his place of
residence.

Any relative, close friend, or casual friend, of any such member, who
feels that such member would desire to vote in any such general elec-
tion may make a like written application in his behalf, stating the mem-
ber’s full mame and post office address or Army or Navy Post Office
number, if known, the branch of his service, as well as the Congressional
District in which he resides.
(b) Primary Elections—The Party Chairman with whom Declara-
tions of Candidacy are filed as provided in section two hundred and twen-
ty-nine of the Code shall certify to the Secretary of the Commonwealth
the names of primary candidates for any of the offices mentioned in para-
graph (a) of this section in all cases where more than one candidate
files such a declaration. The Secretary shall immediately upon the cer-
tification of said names cause ballots to be printed conforming as nearly
as practicable to the provisions of section four of this act. The ballot
shall show on its face the name of the political party holding the primary
election in which the ballots are to be voted.

Any such member of the armed forces desiring to vote in any pri-
mary election for the nomination by a political party of candidates for
any of the officers mentioned in paragraph (a) of this section may make
application for an absentee ballot in the manner provided in said para-
graph, and, in addition, such applicant shall state that he is a member of
the party holding said primary election, unless it appears from the poll
books that he has actually voted in any one of the last three preceding
primary elections of said party, in which event it shall be unnecessary to
declare such membership.

Any relative, close friend, or casual friend of any such member may
make the application in his behalf in the manner provided in said para-
graph (a) of this section, provided that such relative or friend shall also
state that he personally knows the said member of the armed forces to
be a member of the political party, the candidates of which are to be
nominated in said primary election. Upon receipt of any such applica-
tion complying with the requirements set out herein, the Secretary of the
Commonwealth shall send by air mail an absentee ballot for said elec-
tion to said member to the address, or Navy or Army Post Office num-
ber, shown on the application. In the event no such address or number
is shown thereon the Secretary shall endeavor to secure same from the
War or Navy Department or other available source, as the case may be.

Section 6. Preparation and Printing of Envelopes.—For the trans-
mission of said ballots to said voters and his return thereof to the Secre-
tary of the Commonwealth, said Secretary shall cause to be prepared
of paper of the lightest available weight possessing the necessary tensile
strength (a) a covering envelope number ten size, four and one-eighth
by nine and one-half inches; (b) an outside return envelope of appropri-
ate smaller size, gummed and ready for sealing, and (c) an inside en-
volope in which to place and seal the marked ballot.

In the left-hand corner of the covering envelope shall be printed the
words “Official Virginia War Ballot for General Election’, or such other
words as the Acts of Congress or regulations of the transmitting Federal
agency may require.

On the outside return envelope shall be printed as the addressee there-
of the words “Secretary of the Commonwealth of Virginia, Richmond,
Virginia’, and in the top left-hand corner the words “Official Virginia
War Ballot for General Election’, or such other words as may be re-
quired by Acts of Congress or the said transmitting Federal agency.
On the inside envelope in which the voter is to enclose his ballot shall
be printed upon one side the following:

“Official Virginia War Ballot for General Election.”

“Voter must place ballot herein and seal.”
and upon the other side the following words:

“Oath of Voter”
“TI do swear (or affirm) that I am now and have been a citizen of

Virginia since the................ day Of... eeeeeeeeceeees 19.00... and am a resi-

dent of the..........0.2......--:eeceeeeeeeee 0) a resid-
_ (City or County) (Name of City or County)

| ae and am

(Street and number or place of residence therein)
now in active service in the armed forces of the United States. The name
and/or number of my voting precinct iS..............:.:ccccccscceseeeeeceeseeeecesencenseesees

Ce ee eee a

Voter must sign here and oath must be
administered and attested by an officer.

“Subscribed and sworn to before me this............ day Of.....0.

SCS CSCO Ree SO SHOR SEES TSE HS DESOBR ARTES BE OSOR SS EEMO THEM eDEeeZ eae ZH eC DTE OEE EC eB eeH Ce HB Te DED eBe re EOerewee

SM ear emner ere et enane eset eer eses sees e SF OeF Heese ssenOFeaseseneeseeasresens tenes ese cer ereeresrer “canes

Title of Officer”

If the absentee ballot is for a primary election, the word “Primary”
shall be substituted on the envelopes in the place of the word “General”
as above provided, and there shall be added to the above prescribed oath
the words “and that I am a member of the... eeeeeeeeeeeeeeees party,

(Insert name)
and will support all its nominees in the next ensuing general election.”

Section 7. Distribution of Voted Ballots.—It shall be the duty of the
Secretary of the Commonwealth to prepare and preserve in his office in
a well-bound book a list of all members in the active service who request
absentee ballots, showing the name and the address of the member to
which and the day on which the ballot was mailed, the branch of his serv-
ice, the county or city and address therein of the member's residence in
Virginia, and, if the ballot is returned, the date thereof. If the ballot is
requested by a relative or friend, in addition to the foregoing, the name
of the person requesting same, and whether relative or friend, shall be
entered on said list.

It shall also be the duty of the Secretary of the Commonwealth, at
least twenty days before the day of election, to transmit by registered
mail to the secretaries of the appropriate electoral boards of the several
counties and cities of the State in which the voting members reside all
envelopes containing voted ballots which have been returned to him.
Any number of such returned envelopes may be mailed in one registered
package. Any such envelopes returned by voters to the said Secretary
within twenty days before the day of election shall be forthwith trans-
mitted in iike manner to the secretary of the appropriate electoral board.

It shall be the duty of the secretary of every electoral board receiv-
ing any such return ballot envelopes to deliver the same unopened to the
registrar of the precinct within the boundaries of which the voter resides
as shown by said return envelope, or as may be known to the electoral
board chairman, secretary, or any member thereof. The said registrar
shall deliver said envelopes to the election judges of the proper precinct,
in the same manner and along with other absentee ballot envelopes.

Section 8. Assistants to Secretary of Commonwealth.—The Secre-
tary of the Commonwealth shall have authority to employ such assistants
and clerical help as may be necessary to enable him to discharge the
duties imposed on him under this act. The said Secretary is hereby au-
thorized to pay the salaries or other compensation of such persons em-
ployed by him, and to pay for the cost of acquiring, preparing and print-
ing the necessary ballots and envelopes as provided in this act. He shall
apply to the United States, or the appropriate agency thereof, for such
reimbursement of expenses incurred by him as may be provided for by
Federal laws or regulations.

Section 9. Appropriation——There is hereby appropriated to defray
the expenses of administering this act the sum of twenty-five thousand
dollars, or so much thereof as may be necessary, to be paid by warrants
drawn by the Comptroller on the Treasurer pursuant to vouchers or
invoices approved by the Secretary of the Commonwealth.

Section 10. Definition——The words “member of armed forces”, or
“‘member of land and naval forces’, or ““member’”’ shall include all per-
sons in active service in the Army or Navy of the United States, in the
Army Nurse Corps, the Navy Nurse Corps, the Women’s Navy Reserve,
and the Women’s Army Auxiliary Corps.

Section 11. Inconsistent Acts.—All acts or parts of acts inconsistent
with this act are, during the effective period of this act, with respect to
the elections mentioned in section two hereof, repealed to the extent of
such inconsistency, but upon the expiration of this act, said other acts
shall be restored to, and remain in, full force and effect as to all mat-
ters, just as if this act had not been passed. This act shall have no effect
upon the statutes and laws relating to elections other than those men-
tioned in said section two.

Section 12. Constitutional Powers Exercised.—In so far as same
may be applicable, in enacting this legislation the General Assem-
bly shall be deemed to be acting in the exercise of the powers conferred
directly on legislatures of States by article one, section four, and article
two, section two, of the Constitution of the United States.

Section 13. Limitation of Duration of Act.—This act shall remain
in force until July first, nineteen hundred and forty-six, and on that day
shall expire and no longer be in effect ; provided, however, that if before
said first day of July, nineteen hundred and forty-six, the Governor
shall issue an official proclamation stating that active hostilities between
the United States on the one hand and Germany and Japan on the other
have ended and no longer exist, then this act shall expire as of the date
of such proclamation.

Section 14. Separability—If any provision of this act or the appli-
cation of such provision to any circumstance shall be held invalid, the
validity of the remainder of the act and the applicability of such provi-
sion to other circumstances shall not be affected thereby.

Section 15. By reason of the additional duties imposed upon the
Secretary of the Commonwealth by this and two other companion bills
relating to absentee voting by members of the armed forces, it is pro-
vided that out of the funds appropriated by this act there shall be paid
to him the sum of three hundred fifty dollars ($350.00) as additional
compensation to his regular salary for the performance of said additional
duties. :

Section 16. Emergency Clause—An emergency existing, this act
shall be in force from the time of its passage.