§ 24.2-458 Methods of applying for military-overseas ballot
Overview of Statute
This section outlines how covered voters may apply for a military-overseas ballot. In addition, covered voters must inform election officials of their status; methods of doing so are listed in this section.
A. A covered voter who is registered to vote in this state may apply for a military-overseas ballot using either the regular absentee ballot application in use in the voter’s jurisdiction under Chapter 7 (§ 24.2-700 et seq.) or the federal postcard application.
B. A covered voter who is not registered to vote in this state may use a federal postcard application to apply simultaneously to register to vote under § 24.2-457 and for a military-overseas ballot.
C. The electoral board shall ensure that the system described in subsection C of § 24.2-455 is capable of accepting the submission of both a federal postcard application and any other approved military-overseas ballot application sent to the appropriate election official. The voter may use the system or any other approved method to apply for a military-overseas ballot.
D. A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot.
E. To receive the benefits of this chapter, a covered voter must inform the appropriate election official that the voter is a covered voter. Methods of informing the appropriate election official that a voter is a covered voter include:
1. The use of a federal postcard application or federal write-in absentee ballot;
2. The use of an overseas address on an approved voter registration application or ballot application; and
3. The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
F. This chapter does not preclude a covered voter from voting under Chapter 7 (§ 24.2-700 et seq.).
2012, c. 353.
The FPCA does not request the branch of service, unlike the Virginia Absentee Ballot Application under 24.2-701. Whether omission of branch of service from a FPCA is material to is evaluated under the materiality standard in 24.2-706 and 52 USC 10101.
Section 24.2-703 provides the period of time ballots are sent unless the applicants specifies a shorter time in his FPCA.
1. Definition for Covered voter
a. A uniformed-service voter or an overseas voter who is registered to vote in this state;
b. A uniformed-service voter defined in subdivision 9 a whose voting residence is in this state and who otherwise satisfies this state’s voter eligibility requirements, including subdivision 2 of § 24.2-700;
c. An overseas voter who, before leaving the United States, was last eligible to vote in this state and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements;
d. An overseas voter who, before leaving the United States, would have been last eligible to vote in this state had the voter then been of voting age and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements; or
e. An overseas voter who was born outside the United States, is not described in subdivision c or d, and, except for a state residency requirement, otherwise satisfies this state’s voter eligibility requirements, if:
(1) The last place where a parent or legal guardian of the voter was, or under this chapter would have been, eligible to vote before leaving the United States is within this state; and
(2) The voter has not previously registered to vote in any other state.
2. Definition for Electoral board
A board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town’s elections.
3. Definition for Military-overseas ballot
a. A federal write-in absentee ballot;
b. A ballot specifically prepared or distributed for use by a covered voter in accordance with this title; or
c. A ballot cast by a covered voter in accordance with this title.
4. Definition for Federal postcard application
The application prescribed under § 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2).
5. Definition for Federal write-in absentee ballot
The ballot described in § 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, that may be used in all elections in which the voter is eligible to vote as provided in § 24.2-702.1.
6. Definition for Board
The State Board of Elections.
7. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
8. Definition for Election
A general, primary, or special election.
SBE Website https://perma.cc/3UU6-J8GJ