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 Action Making an Illegible or Missing Postmark an Immaterial Omission on Absentee Ballot Envelopes
Stage Proposed
Comment Period Ended on 10/2/2020
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9/18/20  1:45 pm
Commenter: Daniel Brubaker

No ballots without proof of submission at or prior to 7pm Election Day
 

I understand that the Virginia State Board of Elections has proposed a regulation stating that an absentee ballot could be returned by Noon on Friday after Election Day with NO postmark or other proof that it had been submitted by 7PM on Election Day. 

This is unacceptable. By Virginia law, as I understand it, only ballots that have been submitted by the time of the closing of polls may legally counted in the election. Absentee ballots meet this requirement if they have been postmarked on Election Day. Ballots that cannot be verified as having been submitted on Election Day cannot be so verified. Ballots not submitted by 7pm on Election Day are not legal to count.

Therefore, a rule allowing ballots that cannot be verified, all the way through Friday after the Election runs the risk and even the likelihood of counting illegal votes. This will disenfranchising those of us who cast our votes legally -- a tremendous miscarriage of justice and the system of self-governance.

Furthermore, the law cannot be changed by regulation. 

As a U.S. citizen and a Virginia resident, I expect election integrity.

Thank you.

 

 

CommentID: 85048