HB64: Absentee ballots; authorizes State Board of Elections to develop procedures for counting.

HOUSE BILL NO. 64
Offered January 13, 2010
Prefiled December 28, 2009
A BILL to amend and reenact § 24.2-709.1 of the Code of Virginia, relating to absentee ballots.
Patron-- Toscano

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 24.2-709.1 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-709.1. Alternative procedures for counting absentee ballots.

The electoral board may authorize a general registrar at his option to take one or more of the following measures as needed to expedite counting absentee ballots capable of being read with optical scan counting devices and returned by mail before election day: (i) examine the ballot envelopes to verify completion of the required voter affirmation; (ii) mark the pollbook, or the absentee voter applicant list if the pollbook is not available, that the voter has voted; or (iii) open the sealed ballot envelopes and insert the ballots in the optical scan counting equipment without initiating any ballot count totals. If the board authorizes optical scanning as provided in clause (iii), at least two officers of election, one representing each political party, shall be present during all hours when a general registrar uses the expedited procedures authorized in this section. If any ballots are not capable of being read with optical scan or similar counting devices due to damage, formatting, or electronic transmission, such ballots may be transcribed first onto official ballot stock in accordance with procedures prescribed by the State Board in order for such ballots to be processed and counted in accordance with this section. No person present while sealed ballot envelopes are opened and ballots are inserted into counting equipment pursuant to clause (iii) shall disclose any information concerning the ballots.