Final Text
1VAC20-45-40. Material omissions from Federal Write-In Absentee Ballots.
A. Pursuant to the requirements of §§ 24.2-467, 24.2-702.1, and 24.2-706 of the Code of Virginia, a timely received write-in absentee ballot on a Federal Write-In Absentee Ballot (FWAB) (Form SF-186) should not be rendered invalid if it contains an error or omission not material to determining the eligibility of the applicant to vote in the election in which he offers to vote.
B. If the applicant is not registered, the FWAB may not be accepted as timely for registration unless the applicant has met the applicable registration deadline. Section 24.2-419 of the Code of Virginia extends the mail registration deadline for certain military applicants. All applications requesting mailed ballots are subject to the mail absentee application deadline in §§ 24.2-459 and 24.2-701 of the Code of Virginia.
C. The following omissions are always material and any FWAB containing such omissions should be rendered invalid if on the declaration/affirmation any of the following, or combination thereof, exists:
1. The applicant has omitted the signature of the voter or the notation of an assistant in the voter signature box that the voter is unable to sign;
2. The applicant has omitted the signature of the witness; or
3. The applicant did not include the declaration/affirmation page; or
[4. The applicant omitted from the declaration/affirmation
information required by § 24.2-702.1 of the Code of Virginia needed to
determine identity or eligibility including, but not limited to, (i)
current military or overseas address; (ii) the street identifier, such as
the term "road" or "street" when filling in the legal
residence; or (iii) his generational suffix when more than one individual with
the same name are registered at the same address, and it is impossible to
determine the identity of the voter from the voter declaration/affirmation page].
D. The ballot should not be rendered invalid if on the FWAB any of the following, or combination thereof, exists:
1. The applicant has not listed the names specifically in the order of last, first, and middle name;
2. The applicant has listed a middle initial or maiden name, instead of the full middle name;
[3. The applicant has omitted the street identifier, such as the term "road" or "street," when filling in the legal residence;]
[4. 3.] The applicant has omitted the
county or city of registration if the county or city is clearly identifiable by
the residence address information provided;
[5. 4.] The applicant has omitted the zip code;
[6. 5.] The applicant has omitted the date
of the signature of the voter;
[7. 6.] The applicant has omitted the
address of the witness;
[8. 7.] The applicant has omitted the date of
signature of the witness;
[9. 8.] The applicant did not seal the
ballot within the security envelope, provided there is substantial
compliance with the requirement that the ballot be accompanied by the required
voter statement so long as the outside envelope containing the ballot and
the voter's declaration/affirmation page arrived sealed; or
[10. 9.] The applicant has submitted a ballot
containing offices or issues for which he is not eligible.
1VAC20-70-20. Material omissions from absentee ballots.
A. Pursuant to the requirements of § 24.2-706 of the Code of Virginia, a timely received absentee ballot contained in an Envelope B shall not be rendered invalid if it contains an error or omission not material to its proper processing.
B. The following omissions are always material and any Envelope B containing such omissions shall be rendered invalid if any of the following exists:
1. Except as provided in subdivisions C 2 and 3 of this section, the voter did not include his full first name;
2. The voter did not provide his last name;
3. If the voter has a legal middle name, the voter did not
provide at least a middle initial The voter omitted his generational
suffix when one or more individuals with the same name are registered at the
same address, and it is impossible to determine the identity of the voter [from
Envelope B];
4. The voter did not provide his house number and street name [with
his residential street identifier (e.g., "street," drive," etc.)]
or his rural route address;
5. The voter did not provide either his city or zip code;
6. The voter did not sign Envelope B; or
7. The voter did not provide the date on which he signed
Envelope B; or
8. 7. The voter's witness did not sign Envelope
B.
C. The ballot shall not be rendered invalid if on the Envelope B:
1. The voter included his full name in an order other than "last, first, middle";
2. The voter used his first initial instead of his first full name, so long as the voter provided his full middle name;
3. The voter provided a derivative of his legal name as his first or middle name (e.g., "Bob" instead of "Robert");
4. The voter did not provide his generational suffix If
the voter provided his first name and last name, the voter did not provide a
middle name or a middle initial;
[5. The voter did not provide his residential street identifier (Street, Drive, etc.);]
[6. 5.] The voter did not provide a zip
code, so long as the voter provided his city;
[7. 6.] The voter did not provide his
city, so long as the voter provided his zip code;
[8. 7]. The voter omitted the year in
the date, or provided an incorrect or incomplete date on which he signed
Envelope B; or
9. The voter provided the incorrect date on which he signed
Envelope B; or
10.[ 8. 9.] The ballot is
imperfectly sealed within Envelope B, provided that the ballot is contained
within Envelope B, there is evidence that a good faith effort was made to seal
the envelope, the outer envelope with Envelope B and the ballot arrived
sealed, and the circumstances create no reason to suspect fraud.
[9 10.] The illegibility of a voter's or
witness' signature on an Envelope B shall not be considered an omission or
error.
D. For the purposes of this regulation, "city" may include the voter's locality, town, or any acceptable mailing name for the five-digit zip code of the voter's residence.
E. The illegibility of a voter's or witness' signature on
an Envelope B shall not be considered an omission or error.
F. E. Whether an error or omission on an
Envelope B not specifically addressed by this regulation is material and shall
render the absentee ballot invalid shall be determined by a majority of the
officers of the election present.