If any ballot drawn from the box shall bear the name of a person known by the clerk or other person attending the drawing to be deceased, exempt or disqualified by law, not a resident of the county or city, or physically or mentally incapacitated for jury service, an appropriate notation on the ballot, as well as opposite the name of such person on the jury list, shall be made and the ballot shall be placed by the clerk in an envelope kept for that purpose. The other ballots, marked "drawn," shall be placed in a separate envelope and a notation of the date of the drawing shall be made on the jury list opposite the name of each juror drawn. The envelope shall be kept in the box. After all ballots have been drawn from the box, the ballots marked "drawn" may be again drawn subject to the provisions hereof applying to the original drawing.
§ 8.01-349.Notations on ballots drawn; return to box; when such ballots may be drawn again.
Chapter 11. Juries · Article 3. Selection of Jurors · Last amended 1977 · Last verified July 16, 2026
In one sentenceTells the clerk what to do with each ballot pulled from the jury box — flagging and setting aside names known to be deceased, exempt, disqualified, nonresident, or incapacitated, and separately tracking usable “drawn” ballots with the drawing date so they can be recirculated once the whole box has been emptied.
Full Text of § 8.01-349
Plain-English Summary
Not every ballot pulled from the box turns into a working juror, and this section tells the clerk what to do with the ones that do not. If a drawn ballot names someone known to be dead, exempt, disqualified, living outside the county or city, or physically or mentally incapacitated, the clerk notes that on both the ballot and the jury list, then sets the ballot aside in its own envelope.
The ballots that do produce usable jurors get marked “drawn,” placed in a separate envelope, and dated on the jury list next to each name — a running record of who has already been called. Once every ballot in the box has been drawn at least once, the “drawn” ballots go back into circulation, subject to the same rules that governed the original drawing.
Frequently Asked Questions
What happens if a drawn ballot names someone who has died?
An appropriate notation is made on the ballot and opposite that person’s name on the jury list, and the ballot is placed in a separate envelope kept for that purpose.
How does the clerk track which ballots have already produced jurors?
Ballots drawn for service are marked “drawn,” placed in a separate envelope, with the date of the drawing noted on the jury list opposite each juror’s name.
Can a “drawn” ballot be drawn again later in the term?
Yes. After all ballots have been drawn from the box, the ballots marked “drawn” may be drawn again subject to the same provisions as the original drawing.
Who determines whether a named person is disqualified, exempt, or deceased at the time of drawing?
The clerk or other person attending the drawing who has that knowledge.
Where are the set-aside and drawn-ballot envelopes kept?
In the jury box.
Amendment History
Code 1950, § 8-208.14; 1973, c. 439; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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