Chap. 288.—An ACT to provide facilities and opportunity for absentee voting by
Virginia members of the armed forces of the United States and certain af-
filiated services by making certain temporary changes in the primary and gen-
eral election laws of the State relating to the nomination and.election of mem-
bers of the General Assembly, Governor, Lieutenant Governor, and Attorney
General, and all county and city officers, with respect to (a) the effect of fail-
ure to register and pay poll taxes by said members upon their eligibility to vote;
(b) the furnishing of absentee ballots to all qualified members; (c) the time
within which candidates for said offices shall qualify so as to have their names
printed on the official ballots, and (d) the time for and method of printing said
ballots and the distribution thereof; and to limit the duration of this act. [S 270)

Approved March 25, 1944

Whereas, a large percentage of the citizens of Virginia are mem-
bers of the armed forces of the United States, qualified to vote, but will
be unable to participate as voters in elections for members of the General
Assembly, Governor, Lieutenant Governor, Attorney General, and all
county and city officers, 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
Number seven hundred twelve, providing that in time of war certain
absent members of the land and naval forces shall be entitled to vote in
elections for members of the Senate and House of Representatives in
Congress and presidential electors without complying with the require-
ments of State election laws requiring registration and payment of poll
- taxes as a prerequisite to voting ; and,

Whereas, the Attorney General of Virginia, on October seventeenth,
nineteen hundred 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 ; and,

Whereas, there is now pending in Congress proposed legislation to
extend the same protection of the voting privileges to certain members
of the armed forces in elections for State and local officers as is afforded
them in Public Law Number seven hundred twelve, with respect to the
elections therein embraced; and,

Whereas, it is the intention of the General Assembly, if said pro-
posed congressional legislation is enacted, to recognize the right of, and
provide full and complete facilities to, all such members of the armed
forces to vote in all State and local elections in Virginia; now, therefore,

Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Declaration of Public Policy.—It is hereby declared tc
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.—
Upon the enactment of said proposed legislation by Congress and there-
after during the effective period of this act and of said Act of Congress
said absentee members of the armed forces shall be deemed to be en-
titled to vote in general and primary elections for members of the Gen-
eral Assembly, Governor, Lieutenant Governor, Attorney General, and
all county, city, and town officers, without complying with the election
laws of this State requiring registration 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 primary elections in
ample time for the transmission of same to absent members of the armed
forces, and their return, all declarations of candidacy required by sec-
tion two hundred and twenty-nine of the Code to be filed by candidates
in primary elections shall be filed at least ninety days before the primary,
regardless of whether the candidacy is for an office filled by election by
the voters of the State at large or of a county or city. The party chair-
men or other officers with whom such declarations of candidacy are filed
shall, in addition to certifying the names as now required by law, also
certify within seven days to the Secretary of the Commonwealth the
names of all primary candidates for any of the offices embraced within
the provisions of this act, who have qualihed to have their names on
the official ballot, in all cases where more than one candidate files such
a declaration for the same office. The Secretary shall immediately upon
the certification 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. During the effec-
tive 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 over-
seas, and their return, all political parties desiring to nominate candi-
dates for members of the General Assembly, Governor, Lieutenant Gov-
ernor, Attorney General, and all county and city officers except mayor
and councilmen, shall make and complete their nominations in the man-
ner provided by law on or before the first Tuesday in August, and for
mayor and members of councils in cities on or before the first Tuesday
in March, and the proper authorities of each political party shall certify
the names of its candidates to the chairman of the electoral boards, if
required, and to the Secretary of the Commonwealth within seven days
after said day. All candidates for said offices 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 Tues-
day in August, or the first Tuesday in March, as the case may be, with
the Secretary of the Commonwealth, and also with the chairman or
chairmen of the appropriate electoral board or boards, when same is
required by law. The name of no candidate for any State or local office
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 when required by law, and shall cause to be printed an adequate
number of ballots for use in the several cities and counties by the Vir-
ginia members of the armed forces, placing thereon the names of all
candidates rendered eligible by compliance with said section three; pro-
vided, however, that the Secretary of the Commonwealth may obtain
suitable ballots from the local electoral boards, in appropriate cases, where
same are promptly available. 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
city and county. The form of the ballot shall be as provided in section
one hundred and fifty-five of the Code of Virginia and other relevant
statutes.

Section 5. Applications 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 this act may make application in writing by post card or otherwise
to the Secretary of the Commonwealth for an absentee ballot. No par-
ticular form of application shall be required, but it shall be sufficient
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, and state also the county or city in which he resides.

Any relative, close friend, or casual friend, of any such member, who
feels that such member would desire to vote in any such general election
may make a like written application in his behalf, stating the member’s
full name and post office address or Army or Navy Post Office number,
if known, the branch of his service, as well as the county or city in which
he resides.

(b) Primary Elections—The party chairmen with whom declara-
tions of candidacy are filed as provided in section two hundred and
twenty-nine of the Code shall certify to the Secretary of the Common-
wealth the names of primary candidates for any of the offices mentioned
in this act in all cases where more than one candidate files such a declara-
tion. The Secretary shall immediately upon the certification 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 said offices may make application for an absentee ballot in the
manner provided in paragraph (a), and, in addition, such applicant shall
state that he is a member of the party holding said primary election, un-
less 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 pri-
mary or general election to said member to the address, or Navy or
Army Post Office number, 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 appropriate
smaller size, gummed and ready for sealing, and (c) an inside envelope
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”
“I do swear (or affirm) that I am now and have been a citizen of
Virginia since the................ day Off... eeeeeeeeeeeeeeeees » 19........ , and ama
resident of the...................:c.:scseeeceee+ ae residing
(city or county) (name of city or county)
| and am now in
(street and number or place of residence therein)

active service in the armed forces of the United States ; that I am twenty-

Voter must sign here and oath must be adminis-
tered and attested by a commissioned officer.

“Subscribed and sworn to before me this.............. day of..........--..-----.--+- ,

: 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 .........-.....2......---- party,

(insert name)
and if I vote therein will support all its nominees in the next ensuing gen-
eral 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 re-
quest 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
service, 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 like manner to the secretary of the appropriate electoral board.

It shall be the duty of the secretary of every electoral board receiving
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 authorized
to pay the salaries or other compensation of such persons employed by
him, and to pay for the cost of acquiring, preparing and printing the
necessary ballots and envelopes as provided in this act. He shall apply
to the United States, or the appropriate agency thereof, for such reim-
bursement of expenses incurred by him as may be provided for by Fed-
eral laws or regulations.

Section 9. Appropriation—There is hereby appropriated to defray
the expenses of administering this act the sum of fifty 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 Re-
serve, 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 this act, repealed to the extent of such in-
consistency, but upon the expiration of this act, said other acts shall be
restored to, and remain in, full force and effect as to all matters, 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 mentioned
herein.

Section 12. 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.

Section 13. Emergency Clause—An emergency existing, this act
shall be in force from the time of its passage.