Virginia Code

Va. Code Ann. § 24.2-707 (2026)

How ballots marked and returned

✓ current as of May 2026

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A. On receipt of a mailed absentee ballot, the voter shall (i) open the sealed envelope marked "ballot within" and (ii) mark and refold the ballot, as provided in §§ 24.2-644 and 24.2-646 without assistance and without making known how he marked the ballot, except as provided by § 24.2-704.

After the voter has marked his absentee ballot, he shall (a) enclose the ballot in the envelope provided for that purpose, (b) seal the envelope, (c) fill in and sign the statement printed on the back of the envelope, (d) enclose the ballot envelope and any required assistance form within the envelope directed to the general registrar, and (e) seal that envelope. A voter's failure to provide in the statement on the back of the envelope his full middle name or his middle initial shall not be a material omission, rendering his ballot void, unless the voter failed to provide in the statement on the back of the envelope his full first and last name. A voter's failure to provide the date, or any part of the date, including the year, on which he signed the statement printed on the back of the envelope shall not be considered a material omission and shall not render his ballot void.

B. A mailed absentee ballot shall be returned (i) by mail to the office of the general registrar, (ii) by the voter in person to the general registrar, or (iii) to a drop-off location established pursuant to § 24.2-707.1. For purposes of this subsection, "mail" includes a delivery by a commercial delivery service but does not include delivery by a personal courier service or other individual except as provided by §§ 24.2-703.2 and 24.2-705.

C. Failure to follow the procedures set forth in this section shall render the applicant's ballot void.

Code 1950, §§ 24-334, 24-337; 1956, c. 525; 1970, c. 462, § 24.1-232; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1978, c. 778; 1981, c. 425; 1993, c. 641; 1996, c. 393; 1997, cc. 429, 450; 2001, cc. 617, 624; 2002, cc. 785, 819; 2003, cc. 478, 1015; 2006, c. 438; 2014, cc. 453, 574, 575; 2015, cc. 313, 644, 645; 2019, cc. 668, 669; 2020, c. 289; 2021, Sp. Sess. I, cc. 235, 471, 522; 2023, c. 785.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1995–2022 · leading case: Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995).

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Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “1983) (registrar's failure to certify that signature comparisons were done does not cause ballots to be rejected); Va.Code Ann. § 24.2-707 (Michie 1993) (Absentee ballot must be witnessed.”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). · cites it 8× “2-706 and § 24.2-707”). And, on these concessions, the RPV has disagreed.”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). · cites it 6× “Compare Va. Code § 24.2-707, with 1 Va. Admin. Code 20-70- 20(C)(10).”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). · cites it 4× “Code § 24.2-707—the provision Plaintiffs challenge as unconstitutional—requires that the absentee voter “mark[] the ballot(s) in the presence of [a] witness, without assistance or knowledge on the part of anyone as to the manner in which [the voter] marked it” and that the voter…”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). · cites it 3× “Background On April 17, 2020, the League of Women Voters of Virginia and several individual voters filed suit against the Virginia State Board of Elections and several state officials seeking to enjoin enforcement of Va. Code § 24.2-707(A), which mandates that all absentee…”

Dnc v. Katie Hobbs (9th Cir. 2020). “Virginia Va. Code Ann. § 24.2-707 (A) (West 2019): After the voter has marked his absentee ballot, he shall (a) enclose the ballot in the envelope provided for that purpose, (b) seal the envelope, (c) fill in and sign the statement printed on the back of the envelope in the…”

Democratic Party of Virginia v. Brink (E.D. Va. 2022). “§ 24.2-707(A). On the outside of the ballot envelope, the voter must fill out various information that verifies the authenticity of the absentee ballot.”

— Va. Code Ann. § 24.2-707(A) — 5 cases

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). “2-706 and § 24.2-707”). And, on these concessions, the RPV has disagreed.”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). “Background On April 17, 2020, the League of Women Voters of Virginia and several individual voters filed suit against the Virginia State Board of Elections and several state officials seeking to enjoin enforcement of Va. Code § 24.2-707(A), which mandates that all absentee…”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). “Code § 24.2-707—the provision Plaintiffs challenge as unconstitutional—requires that the absentee voter “mark[] the ballot(s) in the presence of [a] witness, without assistance or knowledge on the part of anyone as to the manner in which [the voter] marked it” and that the voter…”

League of Women Voters of Virginia v. Virginia State Bd. of Elections (W.D. Va. 2020). “Compare Va. Code § 24.2-707, with 1 Va. Admin. Code 20-70- 20(C)(10).”

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