Chap. 2.—An ACT to provide facilities and opportunity for absentee voting by
Virginia members of the armed forces of the United States by making certain
temporary changes in the primary and general election laws of the State re-
lating to the nomination and election of members of the General Assembly,
Governor, Lieutenant Governor, and Attorney General, and all county and city
officers, with respect to (a) the furnishing of absentee ballots to all qualified
mernbers, (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 printing said ballots and the distribution thereof; to appropriate
money for the expenses incidental to this act; to limit the duration of this
act, and to repeal chapters 287 and 288 of the Acts of 1944, and all other acts
or parts of acts inconsisent herewith. [S. 6]

Approved March 26, 1945

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

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 now or hereafter become members of the armed
forces in time of war in all elections for public officers.

Section 2. The absentee ballots hereinafter provided for shall, upon
application, be furnished to all Virginia members of the armed forces who
are qualified to vote in this State under the Constitution and laws of Vir-
ginia as now existing or as same may be hereafter amended, or who here-
after may be qualified to vote in any election to which this act is ap-
plicable.

Section 3. Qualification of Candidates. During the effective
period of this act, in order that ballots may be printed in primary elec-
tions in ample time for the transmission of same to absent members of
the armed forces, and their return, all declarations of candidacy required
by section two hundred 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 district, county, or city. The
party chairman or other officers with whom such declarations of can-
didacy are filed, in addition to certifying the names as now required by
law, shall, as provided by section two hundred twenty-nine of the Code,
or other applicable statute, also certify within seven days to the Secre-
tary of the Commonwealth the names of all primary candidates for any
of the offices embraced within the provisions of this act, who have quali-
fied 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 Sec-
retary 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 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 members of the General Assembly, Governor,
Lieutenant Governor, Attorney General, and all county and city officers
except mayor and councilmen, shall make and complete their nomina-
tions in the manner 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 same are required by section one
hundred fifty-four of the Code of Virginia, within seven days after the
first Tuesday in August, or the first Tuesday in March, as the case may
be, with the Secretary of the Commonwealth, and also with the clerk or
other officer, 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 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 thereof, 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 can-
didates rendered eligible by compliance with said section three ; provided,
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. Sepa-
rate 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
fifty-five of the Code of Virginia and other relevant statutes.

Section 5. Applications for Ballots. Any member of the armed
forces eligible to vote in any election to which this act is applicable may
apply to the Secretary of the Commonwealth for an official war ballot for
said election. No particular form of application shall be required, but it
shall be sufficient for the applicant to state the active service of which he
is a member and his or her present address, and/or A. P. O., F. P. O., or
other service post office number, and his legal residence.

Similar written application may be made in behalf of any eligible
member by any parent, grandparent, child, husband, wife, brother, sister,
uncle, or aunt of said member. Every such application shall show the
home address of the relative and degree of relationship.

Section 6. Furnishing Ballots. As promptly as practicable the
Secretary of the Commonwealth shall send official war ballots by air
mail to all members of the armed forces apparently eligible to vote, from
whom or on whose behalf the aforesaid applications have been received.
The right of a member eligible to receive and vote a ballot, under the
provisions of this act at the time that application for or by him was made
for a ballot, shall be deemed to have vested in such member and shall not
thereafter be impaired should he be discharged prior to the day of the
election. Veterans discharged prior to the making of such application may
register and vote in person or by absentee ballot requested from his pre-
cinct registrar.

Section 7. Preparation and Printing of Envelopes. For the trans-
mission of said ballots to said voter 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, (b) an outside return envelope of ap-
propriate 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”, or such other words as the Acts
of Congress or regulations of the transmitting Federal agency may re-
quire.

On the outside return envelope shall be printed as the addressee
thereof the words “Secretary of the Commonwealth of Virginia, Rich-
mond, Virginia”, and in the top left-hand corner the words “Official Vir-
ginia War Ballot”, or such other words as may be required 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.”

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

“Oath of Voter”

“T do swear (or affirm) that I am now and have been a citizen of

Virginia since the ...................-- day Of -....22-2-----2--eee----+ , 19... ,andama

resident of the ..........222.....----:-----eeececeeees 0) residing
(CITY OR COUNTY) (NAME OF CITY OR COUNTY)

Dt oeecccccccecececececceneccceceeceececeeceeeeecceceseseeceeeseseeeceeenenees and am now in active

(STREET AND NUMBER OR PLACE OF RESIDENCE THEREIN )
service in the armed forces of the United States; that I am at least
twenty-one years of age or will be on the......day of..........--- secseceeeees , 19.......

The name and/or number of my voting precinct 1S...........-..--.----:-----eecseee
: (IF KNOWN, SO STATE)

VOTER MUST SIGN HERE AND OATH MUST BE ADMINISTERED
AND ATTESTED BY A COMMISSIONED OFFICER.

“Subscribed and sworn to before me this ........ wee day Of 22.2.2 ,

wm wwe ewe ene en wom e eee temas e eee sa teen eS EE EEE Ee w eT eR eH OMT
If the absentee ballot is for a primary election, there shall be added
to the above prescribed oath the words “and that I am a member of the
ete ict Atak taniDicedon party, and will support all its nominees in the next

(INSERT NAME)
ensuing general election if I vote therein.”

Section 8. Record of Application and Distribution of Voted Bal-
lots. It shall be the duty of the Secretary of the Commonwealth to make
and preserve in his office a record of all members by or for whom ballots
are requested, 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 of receipt thereof. If the ballot is
requested by a relative, in addition to the foregoing, the name, relation-
ship, and residence of the person requesting same shall be entered on said
record.

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 pack-
age. Any such envelopes returned by voters to the said Secretary within
twenty days before the day of election shall be forthwith transmitted 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 9. Protection of Records. The contents of applications for
ballots, the names and addresses (both war time and Virginia addresses)
of those for whom or from whom ballot applications are received, and all
other records of the Secretary of the Commonwealth in the administra-
tion of this act shall not be open to public inspection and shall not be
inade available to any person or persons, but shall be regarded as privi-
leged, confidential records; provided, however, that any applicant or any
person who claiins to have filed an application on behalf of said applicant
shall have a right to obtain a certified copy of any and all records of the
Secretary of the Commonwealth pertaining to that specific application ;
provided further that it shall be proper for the Secretary of the Com-
monwealth to make available to the public information from time to time
pertaining to the number of applications received, and ballots. returned,
and the localities involved therein.

Section 10. Assistants to Secretary of Commonwealth. The Sec-
retary of the Commonwealth shall have authority to employ such as-
sistants 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 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. He shall also apply to the United States, or
any appropriate agencies thereof, for any and all reimbursement or con-
tribution of expenses as may be provided for by Federal laws or regula-
tions, and he shall also make such application as may be necessary to ob-
tain the most expeditious transmission of official Virginia war ballots by
air mail free of charge in both directions. The Secretary of the Common-
wealth is specifically authorized to utilize whatever cooperation may be
made available by the Federal Government or any agencies thereof in
connection with this act. :

Section 11: To supervise, aid, and guide the Secretary of the Com-
monwealth in the performance of the duties imposed upon him by this
act, there is hereby created the “Virginia War Voters’ Commission”,
hereinafter sometimes referred to as the Commission, composed of two
members to be appointed from among the members of the Senate of Vir-
ginia by the Lieutenant Governor, and three members to be appointed
from among the members of the House of Delegates by the Speaker of
the House. The members of the Commission first appointed under the
provisions of this act shall be appointed for a term of two years, and hold
office until their successors are duly appointed and qualified. The Com-
mission may elect one of its members as chairman, one as vice-chairman
and one to act as secretary.

The members of the Commission shall receive as such no salary but
shall be paid their necessary traveling and other expenses incurred in at-
tendance upon meetings of the Commission and while otherwise engaged
in the discharge of their duties. Each such member shall also be paid the
sum of ten dollars per day for each day or portion thereof during which
he is necessarily engaged in the performance of his duties as a member
of the Commission. :

Before entering upon the discharge of his duties, each member of the
Commission shall take the prescribed oath of office and, if required by the
Governor, each member of the Commission shall give bond, with cor-
porate surety, in such penalty as may be fixed by the Governor, condi-
tioned upon the faithful discharge of his duties. The premiums on such
bonds shall be paid as other expenses of the Commission are paid. Three
members of the Commission shall constitute a quorum. T’he headquarters
of the Commission shall be in the office of the Secretary of the Common-
wealth in the city of Richmond.

The Commission may make such rules and regulations not in con-
flict with this act as may be approved by the Attorney General of Vir-
ginia, which may be necessary or desirable to provide for the proper and
faithful performance by the Secretary of the Commonwealth of the duties
imposed upon him by the said act.

Section 12. By reason of the additional burdensome duties imposed
upon the Secretary of the Commonwealth by this act, there shall be paid
to the said Secretary, or to any other person discharging the duties herein
imposed upon said Secretary, such sum as the Virginia War Voters Com-
mission shall from time to time determine and set, subject to the approval
of the Governor, as additional compensation separate from any regular
salary, for the performance of said additional duties.

Section 13. Appropriation. There is hereby appropriated to de-
fray the expenses of administering this act the sum of one hundred thou-
sand dollars, or so much thereof as may be necessary, to be paid by war-
rants drawn by the Comptroller on the Treasurer pursuant to vouchers
or invoices approved by the Secretary of the Commonwealth.

Section 14. Definitions. The words “member of armed forces’,
or “member” shall include all persons, both men and women, on active
duty in the military or naval service of the United States, in time of war.

Section 15. Inconsistent Acts. All acts or parts of acts incon-
sistent with this act are, during the effective period of this act, with re-
spect to the elections mentioned in this act, 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 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.
Chapter two hundred eighty-seven and chapter two hundred eighty-eight
of the Acts of nineteen hundred forty-four are hereby repealed.

Section 16. Limitation of Duration of Act. This act shall remain
in force until July first, nineteen hundred forty-eight, ie on that day
shall expire and no longer be in effect.

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