The Code of Virginia Section 24.2-709(B) requires that "any absentee ballot 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 postmarked on or before the date of the elections shall be counted pursuant to the procedures set forth in this chapter if the voter is found entitled to vote".  

The Virginia General Assembly writes and votes on the bills it passes.  Laws are the result of the actions of the General Assembly.  The State Board of Elections has no legal authority to write law nor to over ride or change the laws of Virginia.

Under the law voting begins forty-five days before election day.  Voters can vote in multiple ways on or before election day.  They cannot cast a ballot after election day.  They cannot mail the ballot after close of polls on election day.  The post mark on a ballot declares when the ballot is voted and mailed.  The State Board of Elections does not have the authority to change those laws.

The voters in Virginia are facing many changes in the voting and election process this year.  Many of the changes have created chaos in a previously orderly process.  The confidence in fair and legal elections is weakened by the multitude of new changes.  The proposal to permit counting ballots casts after Election Day is a change which would be illegal, further confuse Virginia voters, and reduce their confidence in our election process.

Do not attempt to change the law requiring that a ballot mailing envelope received after Election Day and before noon on the third post Election Day show a legible post mark.