CHAPTER 383

An Act to amend and reenact §8§ 24-323 and 24-824, as amended,
of the Code of Virginia, relating to absentee voting, so as to provide
procedure for the filing of applications by spouses of persons in the
armed forces.

[S 261]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 24-323 and 24-324, as amended, of the Code of Virginia, be
amended and reenacted as follows:

§ 24-323. The application shall contain necessary postage, or the
correct amount in legal tender, necessary for registering or certifying
the ballot from the electoral board to such applicant. But the failure
to enclose necessary postage shall not render void a vote otherwise legally
cast. This section does not apply to the application of the spouse of a
member of the armed forces as set out in § 24-824.

§ 24-824. The application shall be accompanied by a statement,
made before at least one witness, who shall subscribe it, to the effect
that for some one of the reasons set out in § 24-319 he expects to be
absent from his city, town or precinct on the day of the election, or that
he will be physically unable to go in person to the polls on the day of
election. The statement shall further state that the application is made
in conformity with the election laws and not in violation thereof. The
statement shall also state that the applicant is a resident of the precinct
in which he offers to vote, and shall show whether he is exempt from the
payment of the poll tax, and if so, the reason therefor. The statement shall
also declare under penalty of perjury that the facts in such application
have been examined by the applicant and are true and correct. Any appli-
cant signing an application which is not true and correct shall be guilty
of perjury and punished as provided by law. Provided, such a statement
is not required in the case of the spouse of a member of the armed forces,
as defined in § 24-345.12. No particular form of application shall be
required in the case of the spouse of a member of the armed forces, but
it shall be sufficient for the applicant to state, as to the applicant’s spouse,
the active service of which he is a member and his home address, A.P.O.,
F.P.O., or other service post-office address and his legal residence and,
as to the applicant, his home address, A.P.O., F.P.O., or other service
post-office address, and his legal residence, if any of these are different
from that of the applicant’s spouse, and the applicant’s date of birth.