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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9/30/20  9:09 pm
Commenter: David N. Webster II

No Legislative Authority For The Missing Postmark Regulation. Demand for Public Hearing.
 

Virginia Code § 24.2-709(B) reads:  "Notwithstanding the provisions of subsection A, any absentee ballot (i) returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and (ii) postmarked on or before the date of the election shall be counted pursuant to the procedures set forth in this chapter if the voter is found entitled to vote."  It's also true that drop off boxes have been authorized.  Be that is it may I see no legislative authority which would empower to Board of Elections to adopt a regulation that eliminates Subsection (B) of 24.2-709 and hereby demand the Board hold a public hearing on this matter.

CommentID: 87154