Action | Action Making an Illegible or Missing Postmark an Immaterial Omission on Absentee Ballot Envelopes |
Stage | Proposed |
Comment Period | Ended on 10/2/2020 |
I believe the Board of Elections cannot implement this "postmark" action without explicit approval from the Virginia "Legislature" (i.e., General Assembly) because of what is written in the U.S. Constitution, Article II, Section 1:
"The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:
"Each state shall appoint, in such manner as the LEGISLATURE thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector..."
In other words, I believe the LEGISLATURE, not the Board of Elections, directs how the election process is to be completed in a state. If the Board of Elections enacts this frivolous "postmark" regulation on its own, I believe it will be usurping the power of the Virginia General assembly.
I look forward to the PUBLIC HEARING to find out whether my belief is right or wrong. Thank you.