HomeMy WebLinkAbout013-20 (OrdAmendment(Chap7CentralAbsenteeVotingPrecinct)) .f
ORDINANCE
August 12, 2020
The Board of Supervisors of Frederick County, Virginia hereby ordains that
Section 7-3 (Central Absentee Voting Precinct) of Article I (Magisterial Districts) of
Chapter 7 (Elections) of the Code of Frederick County, Virginia be, and the same
hereby is, amended by enacting an amended Section 7-3 (Central Absentee Voting
Precinct) of Article I (Magisterial Districts) of Chapter 7 (Elections) of the Code of
Frederick County, Virginia, as follows and to take effect immediately (addition is shown
in bold underline):
CHAPTER 7 Elections
ARTICLE I Magisterial Districts
§ 7-3 Central Absentee Voting Precinct.
The Central Absentee Voting Precinct for all elections is to be held at 107 North Kent
Street (County Administration Building), Winchester, Virginia, in a first-floor conference
room, and, for the November 2020 election, at 269-263 Sunnyside Plaza Drive (in
Sunnyside Plaza), Winchester, Virginia.
Enacted this 12th day of August, 2020.
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
Blaine P. Dunn Aye Gene E. Fisher Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Kris C. Tiern y
Frederick County Administrator
Res. #013--20
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 5401667-0370
E-mail: rwillia@fcva.us
MEMORANDUM
TO: Board of Supervisors
FROM: Roderick B. Williams
County Attorney
DATE: August 7, 2020
RE: Frederick County Code, Chapter 7 (Elections), Section 7-3 (Central Absentee
Voting Precinct)
Attached please find a draft proposed amendment to Section 7-3 of the County Code.
The Office of Elections/General Registrar will be using the County-owned space at Sunnyside
Plaza to conduct a significant portion of the operations for early absentee voting for the
November election. Pursuant to legislation effective July 1, 2020, in person absentee voting
must be available on the forty-fifth day prior to the election and continue until 5:00 p.m. on the
Saturday immediately preceding the election. Va. Code § 24.2-701.1(A). State law requires the
local governing body to establish by ordinance any absentee voting location. Va. Code §§ 24.2-
701.2(A) and 24.2-712(A). Copies of the cited Code sections are attached for reference.
Attachments
107 North Kent Street - Winchester, Virginia 22601
Code of Virginia
Title 24.2. Flections
Chapter 7.Absentee Voting
§ 24.2-701.1. Absentee voting in person
A.Absentee voting in person shall be available on the forty-fifth day prior to any election and
shall continue until S:00 p.m. on the Saturday immediately preceding the election. In the case of
a special election, excluding for federal offices, if time is insufficient between the issuance of the
writ calling for the special election and the date of the special election, absentee voting in person
shall be available as soon as possible after the issuance of the writ.
Any registered voter offering to vote absentee in person shall provide his name and his residence
address in the county or city in which he is offering to vote. After verifying that the voter is a
registered voter of that county or city, the general registrar shall enroll the voter's name and
address on the absentee voter applicant list maintained pursuant to § 24.2-706.
Except as provided in subsection F, a registered voter voting by absentee ballot in person shall
provide one of the forms of identification specified in subsection B of§ 24.2-643. if he does not
show one of the forms of identification specified in subsection B of§ 24.2-643, he shall be
allowed to vote after signing a statement, subject to felony penalties for false statements
pursuant to § 24.2-1016, that he is the named registered voter he claims to be. A voter who
requires assistance in voting by reason of a physical disability or an inability to read or write, and
who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement
in accordance with that section. The provisions of§ 24.2-649 regarding voters who are unable to
sign shall be followed when assisting a voter in completing this statement.A voter who does not
show one of the forms of identification specified in this subsection or does not sign this
statement shall be offered a provisional ballot under the provisions of§ 24.2-653. The State
Board shall provide instructions to the general registrar for the handling and counting of such
provisional ballots pursuant to § 24.2-653.01 and this section.
B.Absentee voting in person shall be available during regular business hours. The electoral board
of each county and city shall provide for absentee voting in person in the office of the general
registrar or a voter satellite office established pursuant to § 24.2-701.2. For purposes of this
chapter, such office shall be open to the public a minimum of eight hours between the hours of
8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections.
Any applicant who is in line to cast his ballot when the office of the general registrar or voter
satellite office closes shall be permitted to cast his absentee ballot that day.
C. The general registrar may provide for the casting of absentee ballots in person pursuant to this
section on voting systems. The Department shall prescribe the procedures for use of voting
systems. The procedures shall provide for absentee voting in person on voting systems that have
been certified and are currently approved by the State Board. The procedures shall be applicable
and uniformly applied by the Department to all localities using comparable voting systems.
D.At least two officers of election shall be present during all hours that absentee voting in
person is available and shall represent the two major political parties, except in the case of a
party primary,when they may represent the party conducting the primary. However, such
requirement shall not apply when(i)voting systems that are being used pursuant to subsection C
are located in the office of the general registrar or voter satellite office and (ii)the general
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registrar or an assistant registrar is present.
E. The Department shall include absentee ballots voted in person in its instructions for the
preparation, maintenance, and reporting of ballots, pollbooks, records, and returns.
E. This subsection shall apply in the case of any individual who is required by subparagraph(b) of
52 U.S.C. § 21083 of the Help America Vote Act of 2002 to show identification the first time he
votes in a federal election in the state.At such election, such individual shall present (i) a current
and valid photo identification or(ii) a copy of a current utility bill,bank statement, government
check, paycheck, or other government document that shows the name and address of the voter.
Such individual who desires to vote in person but who does not show one of the forms of
identification specified in this subsection shall be offered a provisional ballot under the
provisions of§ 24.2-653. The identification requirements of subsection B of§ 24.2-643 and
subsection A of§ 24.2-653 shall not apply to such voter at such election. The Department of
Elections shall provide instructions to the electoral boards for the handling and counting of such
provisional ballots pursuant to § 24.2-653.01 and this section.
2019, cc. 278, 668, 669;2020, cc. 735, 856, 1064, 1065, 1149, 1151, 1201.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
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Code of Virginia
Title 24.2. Elections
Chapter 7.Absentee Voting
§ 24.2-701.2. Absentee voting in person; voter satellite offices
A. The governing body of any county or city may establish, by ordinance,voter satellite offices to
be used in the locality for absentee voting in person. The governing body may establish as many
offices as it deems necessary. No change in, including the creation or abolishment of, any voter
satellite office shall be enacted within 60 days next preceding any general election. Notice shall
be published prior to enactment in a newspaper having general circulation in the locality once a
week for two successive weeks.
B. Any voter satellite office shall be in a public building owned or leased by the county, city, or
town within the county and may be in a facility that is owned or leased by the Commonwealth
and used as a location for Department of Motor Vehicles facilities or as an office of the general
registrar. such location shall be deemed the equivalent of the office of the general registrar for
the purposes of completing the application for an absentee ballot in person pursuant to §§ 24.2-
701 and 24.2-706.Any such location shall have adequate facilities for the protection of all
elections materials produced in the process of absentee voting in person,the voted and unvoted
absentee ballots, and any voting systems in use at the location.
C.Voter satellite offices shall be accessible to qualified voters as required by the provisions of the
Virginians with Disabilities Act (§ 51.5-1 et seq.), the Voting Accessibility for the Elderly and
Handicapped Act(52 U.S.C. § 20101 et seq.), and the Americans with Disabilities Act relating to
public services (42 U.S.C. § 12131 et seq.). The State Board shall provide instructions to the local
electoral boards and general registrars to assist the localities in complying with the requirements
of the acts.
D. The governing body of each county, city, and town shall provide funds to enable the general
registrar to provide adequate facilities at each voter satellite office for the conduct of elections.
E. Not later than 55 days prior to any election, the general registrar shall post notice of all voter
satellite office locations in the locality and the dates and hours of operation of each location in
the office of the general registrar and on the official website for the county or city. Such notice
shall remain in the office of the general registrar and on the official website for the county or city
for the duration of the period during which absentee voting in person is available. If the county
or city does not have an official website, such notice shall be published in a newspaper of general
circulation in the county or city at least once prior to the election but not later than 55 days prior
to such election.
F. If an emergency makes a voter satellite office unusable or inaccessible,the electoral board or
the general registrar shall provide an alternative voter satellite office, subject to the approval of
the State Board, and shall give notice of the change in the location of the voter satellite office.
The general registrar shall provide notice to the voters appropriate to the circumstances of the
emergency. For the purposes of this subsection, "emergency" means a rare and unforeseen
combination of circumstances, or the resulting state, that calls for immediate action.
G. The provisions of subsection E of§ 24.2-310 providing certain limited circumstances in which
a local electoral board may approve an exception to the prohibition on the distribution of
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campaign materials inside the prohibited area outside of a polling place shall apply to voter
satellite offices and the building in which such offices may be located.
H.A voter satellite office established pursuant to this section shall be deemed to be the
equivalent of an office of the general registrar for purposes of completing an application for an
absentee ballot in person pursuant to H 24.2-701, 24.2-701.1, and 24.2-706.
2020, cc. 856, 1149, 1151, 1201.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
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Code of Virginia
Title 24.2. Elections
Chapter 7. Absentee Voting
§ 24.2-712. Central absentee voter precincts; counting ballots
A. Notwithstanding any other provision of law, the governing body of each county or city may
establish one or more central absentee voter precincts in the courthouse or other public buildings
for the purpose of receiving, counting, and recording absentee ballots cast in the county or city.
The decision to establish any absentee voter precinct shall be made by the governing body by
ordinance; the ordinance shall state for which elections the precinct shall be used. The decision
to abolish any absentee voter precinct shall be made by the governing body by ordinance.
Immediate notification of either decision shall be sent to the Department of Elections and the
electoral board.
B. Each central absentee voter precinct shall have at least three officers of election as provided
for other precincts. The number of officers shall be determined by the electoral board and general
registrar.
C. If any voter brings an unmarked ballot to the central absentee voter precinct on the day of the
election, he shall be allowed to vote it. If any voter brings an unmarked ballot to the general
registrar on or before the day of the election, he shall be allowed to vote it, and his ballot shall be
delivered to the absentee voter precinct pursuant to § 24.2-710.
The officers at the absentee voter precinct shall determine any appeal by any other voter whose
name appears on the absentee voter applicant list and who offers to vote in person. If the officers
at the absentee voter precinct produce records showing the receipt of his application and the
certificate or other evidence of mailing for the ballot, they shall deny his appeal. If the officers
cannot produce such records, the voter shall be allowed to vote in person at the absentee voter
precinct and have his vote counted with other absentee votes. If the voter's appeal is denied, the
provisions of§ 24.2-708 shall be applicable, and the officers shall advise the voter that he may
vote on presentation of a statement signed by him that he has not received an absentee ballot
and subject to felony penalties for making false statements pursuant to § 24.2-1016.
D.Absentee ballots may be processed as required by§ 24.2-711 by the officers of election at the
central absentee voter precinct prior to the closing of the polls. In the case of machine-readable
ballots, the ballot container may be opened and the absentee ballots maybe inserted in the
counting machines prior to the closing of the polls in accordance with procedures prescribed by
the Department of Elections, including procedures to preserve ballot secrecy,but no ballot count
totals by the machines shall be initiated prior to the closing of the polls.
In the case of absentee ballots that are counted by hand, the officers of election may begin
tallying such ballots at any time after 3.00 p.m. on the day of the election in accordance with the
Procedures prescribed by the Department of Elections, including procedures to preserve ballot
secrecy. No counts of such tallies shall be determined or transmitted outside of the central
absentee voter precinct until after the closing of the polls. The use of cellular telephones or other
communication devices shall be prohibited in the central absentee voter precinct during such
tallying and until the closing of the polls. Any person present in the central absentee voter
precinct shall sign a statement under oath that he will not transmit any counts prior to the
closing of the polls. Any person who transmits any counts in violation of this section is guilty of a
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Class 1 misdemeanor.
As soon as the polls are closed in the county or city, the officers of election at the central
absentee voter precinct shall proceed promptly to ascertain and record the total vote given by all
absentee ballots and report the results in the manner provided for counting and reporting ballots
generally in Article 4(§ 24.2-643 et seq.) of Chapter 6.
E. The electoral board or general registrar may provide that the officers of election for a central
absentee voter precinct may be assigned to work all or a portion of the time that the precinct is
open on election day subject to the following conditions:
1. The chief officer and the assistant chief officer, appointed pursuant to § 24.2-11S to represent
the two political parties, are on duty at all times; and
2. No officer, political party representative, or other candidate representative shall leave the
precinct after any ballots have been counted until the polls are closed and the count for the
precinct is completed and reported,
F. The general registrar may provide that the central absentee voter precinct will open after 6:00
a.m. on the day of the election provided that the office of the general registrar will be open for
the receipt of absentee ballots until the central absentee voter precinct is open and that the
officers of election for the central absentee voter precinct obtain the absentee ballots returned to
the general registrar's office for the purpose of counting the absentee ballots at the central
absentee voter precinct and provided further that the central absentee voter precinct is the same
location as the office of the general registrar.
1974, c. 428, § 24.1-233.1; 1978, c. 778; 1991, c. 3; 1993, c. 641; 1994, cc. 287, 742;1998, cc. 549,
572;2003, c. 1015;2006, c. 297;2008, c. 423;2013, c. 501;2014, cc. 540, 552, 576;2015, cc. 313, 644
, 645;2016, cc. 18, 492;2017, c. 711.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
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