Action | Action Making an Illegible or Missing Postmark an Immaterial Omission on Absentee Ballot Envelopes |
Stage | Proposed |
Comment Period | Ended on 10/2/2020 |
By Virginia Statute § 24.2-709, dated postmarks are a necessary condition for a ballot to be counted and not considered void. To state that a postmark is immaterial to determining if an absentee ballot is counted is to attempt to violate Virginia law which requires not only a postmark, but specific information from the postmark... the date the Post Office received the ballot. In accordance with § 24.2-709(B)(ii) the postmarked date is the second of two conditions necessary for the absentee ballot to be counted (if the voter is found entitled to vote). Absent a postmark with a date, the ballot is void in accordance with § 24.2-709(A), "Any ballot returned to the office of the general registrar in any manner except as prescribed by law shall be void."