CHAPTER 509

An Act to provide facilities and opportunity for absentee voting by
Virginia members of the armed forces of the United States by making
certain changes in the primary and general election laws of ne san

247

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. § 1. Declaration of Public Policy. It is hereby declared to be the
public policy of Virginia to encourage, aid, and facilitate voting by her
qualified citizens who are now or hereafter become members of the armed
forces in time of war in all elections for public officers.

§ 2. The absentee ballots hereinafter provided for shall, upon appli-
cation, 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 applicable.

§ 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 Chapter
14 of Title 24 of the Code of Virginia 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 candidacy are filed, in
addition to certifying the names as now required by law, shall, as provided
by Chapter 8 of Title 24 of the Code of Virginia, or other applicable
statute, also certify within seven days to the State Board of Elections
hereinafter referred to as Board the names of all primary candidates for
any of the offices embraced within the provisions of this act, who have
qualified to have their names on the official ballot, in all cases where more
than one candidate files such a declaration for the same office. 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 nominations
in the manner provided by law on or before the Tuesday after the second
Monday in July next preceding the election for such offices unless a second
primary be required in which event any party for which such second
primary is required shall complete its nominations on the fifth Tuesday
following the first primary, and for mayor and members of councils in
cities on or before the first Tuesday in April next preceding such election,
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 Board not later than ten days after said day. All candidates for said
offices other than party nominees shall file their notices of candidacy and
petitions, if same are required by Chapter 8 of Title 24 of the Code of
Virginia, within ten days after the Tuesday after the second Monday in
July unless a second primary be required, in which event any such candi-
date shall file his notice of candidacy and petition within ten days following
the day of such second primary, or within ten days after the first Tuesday
in April, as the case may be, with the Board, 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 required by this section to be certified to the Board
whose name is not so certified, or whose notice of candidacy, if the filing
of such a notice is required by such chapter of the Code, is not filed within
the time required by this section, shall be printed on any official ballot for
said election.

§ 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 by law, the Board shall certify the names of all candidates
having been certified or having properly filed to local electoral boards
which boards shall cause to be printed an adequate number of ballots for
use in their respective cities and counties and shall forthwith furnish a
sufficient number to the Board for use by the Virginia members of the
armed forces; provided, however, that the Board may cause to be printed
the necessary ballots for such use whenever they are not furnished to the
Board by any local electoral board at least forty days prior to the election.
The ballots shall be printed on the lightest weight paper available which
is of sufficient tensile strength for such use. The form of the ballot shall
be as provided in § 24-215 of the Code of Virginia and other relevant
statutes.

§ 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 Board 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 home
address, A. P. O., F. P. O., or other service postoffice address, his legal
residence, and his date of birth.

§ 6. Furnishing Ballots. As promptly as practicable the Board
shall send official war ballots by air mail to all members of the armed
forces apparently eligible to vote, from whom 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 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.
If in any case it shall become necessary to hold a second primary
election to determine who shall be the party nominee for an office, as
provided by Chapter four of the Acts of Assembly of nineteen hundred
fifty-two, the Board shall, as soon as ballots are available for the second
primary, send by air mail official war ballots to those members of the
armed forces who voted in such manner in the first primary.

§ 7. Preparation and Printing of Envelopes. For the transmission
of said ballots to said voter and his return thereof to the Board such
Board 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 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”, 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
thereof the words “State Board of Elections of Virginia, Richmond, Vir-
ginia’’, and in the top left-hand corner the words “Official Virginia 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
Vir imia Sie tHe cc ccc cceeccceeceeneeesececeeesenee day Of. ee , 19.......... ;
ANG AM A TESIGENE OF Cle eee cccccsssssseeccssssssveessccensveeessesssseesscensnsenssssunssecsesseviessecerseananeces of

(city or county)
sevepesessetuseessecseneysesesssusevesessavanutseessesusesesesesenustsesiseee OSTIUM Ab. ccc cccccccccceseccccccescececcccscesescessesececceveecnemmesesenesene
(name of city or county) (street and number or place
ssosesauesessacenssssauvnuss ssassvevesunscesasnnnessssesenssasunesessesevevenusissesesesenueseees and am now in active service in the

of residence therein)
armed forces of the United States; that I am at least twenty-one years
of age or will be on the... cesses 0 a) , 19...
The name and/or number of my voting precinct is...... stetechntaceafeeetnenemeerrneneteene te

Sigrature Of Voter. iicccccccccccccccccssssscsssssssssssssscsssessssssssesssssseesssssssssenseceseeeeceseesenersenssesesssssenesssnenserenesssesssste
Voter must sign here and oath must be
administered and attested by a commissioned
officer.

“Subscribed and sworn to before me this... ..................day of... 000 ow... ;

ee eee ee es ee er

CR CS Se

Title of officer
If the absentee ballot is for a primary election, there shall be added
to the above prescribed oath the words ‘and that Iam a member of the
secccueseesvstvevevessvesivess tess eite sivesiesesevesneseevey weeecsvistnvesstetensausisseseneseees party, and will support all of its
(insert name)
nominees in the next ensuing general election if I vote therein.”

§ 8. Record of Application and Distribution of Voted Ballots. It
shall be the duty of the Board to make and preserve in its 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.

It shall also be the duty of the Board, on the fifth day 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 the Board. Any number of such returned
envelopes may be mailed in one registered package. Any such envelopes
returned by voters to the Board on or after the fifth day 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 registrar shall
deliver said envelopes to the election judges of the proper precinct, in
the same manner and along with other absentee ballot envelopes. The
secretary of the local board of elections shall prepare for each precinct a
duplicate list showing the names of all persons from whom he has received
war ballots to be counted in such precinct. One copy of this list shall be
delivered by said secretary, together with the copy of the list of names of
all other absentee ballots which he is required by § 24-339 of the Code to
deliver, to the registrars of the respective precincts on the morning of the
election. The list shall be posted by the registrar in a public place at the
voting place where it may be inspected by any voter. This list shall be
entitled “List of Voters under the War Voters Act.”’ One copy shall be
kept by the secretary. |

Protection of Records. The contents of applications for bal-
lots, 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 Board in the administration of this act shall not be
open to public inspection and shall not be made available to any person
or persons, but shall be regarded as privileged, confidential records; pro-
vided, however, that any applicant shall have a right to obtain a certified
copy of any and all records of the Board pertaining to that specific
application; provided further that it shall be proper for the Board 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.

§ 10. Assistants to Board. The Board shall have authority to
employ such assistants and clerical help as may be necessary to enable
it to discharge the duties imposed under this act. The Board is hereby
authorized to pay the salaries or other compensation of such persons
employed by it, and to pay for the cost of acquiring, preparing and print-
ing the necessary ballots and envelopes as provided in this act. The Board
shall apply to the United States, or the appropriate agency thereof, for
such reimbursement of expenses incurred by it as may be provided for
by federal laws or regulations. The Board shall also apply to the United
States, or any appropriate agencies thereof for any and all reimburse-
ment or contribution of expenses as may be provided for by federal laws
or regulations, and shall also make such application as may be necessary
to obtain the most expeditious transmission of official Virginia war ballots
by air mail free of charge in both directions. The Board is specifically
authorized to utilize whatever cooperation may be made available by the
Federal Government or any agencies thereof in connection with this act.

§ 11. The Board may make such rules and regulations not in conflict
with this act as may be approved by the Attorney General of Virginia,
which may be necessary or desirable to provide for the proper and faithful
performance by the Board of the duties imposed by such act.

§ 12. Definitions. The words “member of armed forces”, or “mem-
ber” shall include all persons, both men and women, on active duty in the
military or naval service of the United States.

2. 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, suspended to the extent of such inconsistency, but upon the expira-
tion 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 elec-
tions other than those mentioned herein.

3. This act shall remain in force from its passage but may be suspended
during any such time as the Governor by declaration finds that members
of the armed forces from this State do not require the same.

4. There is hereby appropriated out of the general fund of the State
treasury a sum sufficient to defray the expenses of administering this act,
to be paid by warrants drawn by the Comptroller on the Treasurer pur-
suant to vouchers or invoices approved by the Board.

5. An emergency exists and this act is in force from its passage.