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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10/1/20  11:03 pm
Commenter: Robin Whitworth

Postmarks on Absentee Ballot Envelopes Are Material to Meeting Virginia Legal Requirements
 

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."

CommentID: 87274