Virginia Regulatory Town Hall
Agency
Department of Elections
 
Board
State Board of Elections
 
chapter
Absentee Voting [1 VAC 20 ‑ 70]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action Material omissions from absentee ballots.
Stage Final
Comment Period Ended on 10/12/2011
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10/12/11  12:21 pm
Commenter: Robin Lind, Secretary, Goochland County Electoral Board

Material & Immaterial Omissions in Conflict?
 

Despite best efforts to achieve clarity, the proposed regulation appears to be less than clear.

EG: B.1 invalidates a ballot if the voter does not include his “full name” but C.2. permits the voter to use his middle initial instead of his “full middle name.”

B.2. and B.3. invalidate the ballot if the voter did not include  “a first name” and “last name” but this regulation makes no provision for those people from different cultures who use only one name — which would have been sufficient under the requirement in B.1. that he provide his “full name.”

May I suggest that B.2 and B.3 be stricken from the proposed regulation.

 

For ease of reference I reprint the regulation with bold headings:

B. The following omissions are always material and any Envelope B containing such omissions should be rendered invalid if any of the following exists:

1. The voter did not include his full name in any order;

2. The voter did not include a first name;

3. The voter did not include his last name;

4. The voter did not provide his house number, street name or rural route address, city of residence, or zip code;

5. The voter did not sign Envelope B;

6. The voter's witness did not sign Envelope B; or

7. The ballot is not sealed in Envelope B.

 

C. The ballot should not be rendered invalid if on Envelope B:

1. The voter included his full name in an order other than "last, first, middle";

2. The voter used his middle initial instead of his full middle name;

3. The voter used a derivative of his legal name as a first name (e.g., "Bob" instead of "Robert");

4. The voter did not provide his residential street identifier (Street, Drive, etc.); or

5. The voter omitted the year in the date.

 

CommentID: 20993