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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9/24/20  8:56 am
Commenter: Emilio Jaksetic

Opposition to proposed rule on six (6) grounds
 

I am a resident of Fairfax County, and have been living in Fairfax County since 1986.

The proposed rule should not be promulgated because:

(1) The proposed rule violates the plain language of Virginia Code Section 24.2-709, which requires a postmark.

(2) The State Board of Elections has no authority to ignore, disregard, undercut, or undermine a provision of the Virginia Code.  The State Board of Elections is not exempt from Virginia Constitution, Article I, Section 7 ("Laws should not be suspended").

(3) Promulgation of the proposed rule would constitute a violation of the State Board of Election's duty to faithfully execute the laws of Virginia.

(4) Promulgation of the proposed rule would violate the oath of office taken by the members of the State Board of Elections pursuant to Virginia Code Section 49-1.

(5) Accepting absentee ballots lacking a postmark is an invitation to commit voter fraud.

(6) Finally, given the 45 days that Virginia voters have to cast their votes and the ease with which it is possible for a Virginia voter to cast a timely absentee ballot (with postmark), it is absurd, risible, and an insult to law-abiding Virginians to suggest that the postmark requirement should be disregarded in order to give Virginians an opportunity to vote.

 

CommentID: 85666