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  2:26 pm
Commenter: S. Hoerst

No - Action Making an Illegible or Missing Postmark an Immaterial Omission on Absentee Ballot Envelo
 

   A fundamental precept of the election process is the integrity of the voting methods and the processes behind it.  The election date and deadlines are not a surprise.  Therefore, it is an incumbent and inherently fundamental responsibility of the voter to comply and complete voting by Election Day.  For those who cut it close or are late, they incur and accept their fault for the risk of postal error.   An absentee ballot without a postmark, or illegible postmark that is received after Election Day, fails to evince that it was mailed (as required) on, or before, the date of the election; and fails a common sense test of whether it is compliant and legal under the requirements established by law.  They should be denied absolutely.  

   In my opinion, this proposed rule is bad since it would further create unnecessary chaos, throw the results into the courts, and undermine confidence in the election to the point of predictable (and likely successful) appellant actions.  Lacking the basic compliance test of whether a voter cast the vote on or prior to the deadline, on its face, is tantamount to fraudulently casting a vote after the polls close.   Deny this rule.

CommentID: 85057