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

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6/17/13  5:07 pm
Commenter: Diana Dutton, Prince William County Voter Registration and Elections

Substantial Compliance for Absentee Ballot Envelope B
 

B7   Material omission on Envelope B is the date of the voter's signature

C8   The ballot should not be rendered invalid if the voter omitted the year in date of the signature

C9   The ballot should not be rendered invalid if the voter provides the incorrect date on Envelope B.  What is an incorrect  date?  Unless the date is way off, how can one determine if it is incorrect?  Not a measurable value. 

Is the date a material omission that would affect the determination of how the voter wished to cast his vote?

Since the absentee ballot from a domestic voter is returned in Envelope B in an envelope with a return address label attached showing the voter's return address, why should he have to repeat this information?  UOCAVA voters do not have to provide the same information.  These two classes of voters are being treated differently.

B9   By striking this language, is it meant that there would be no Envelope B required?  Or is it meant that the ballot is contained in an Envelope B but the envelope is not sealed?

The problems created by the information required on Envelope B cause many AB ballots from senior citizens to be rejected.

 

 

 

CommentID: 28553
 

6/18/13  3:29 pm
Commenter: W.T. Latham

Amending 1 VAC 20-70-30
 

In 1 VAC 20-70-30(B), delete the last sentence. This sentence does not conform to Va. Code 24.2-702.1(B).

Other requirements in the Code of Virginia are not listed in 20-70-30. It would be helpful if all of the requirements for processing FWABs, whether in the Code of Virginia or in the Administrative Code of Virginia, were listed in one place. The requirements from the Code that are not listed in 20-70-30 are as follows:

  • 702.1(B)(ii): Voter must provide his/her printed name. If it is the determination of the State Board of Elections that the absence of the printed name is not a material omission (and such a determination would make sense, as long as we could determine the name of the voter), this should be stated clearly in the Administrative Code.
  • 702.1(B)(iii): Voter must provide the county or city in which he or she is registered and offers to vote. This is explained as a nonmaterial omission later in 20-70-30---if it is left out and as long as the residence address provides information about the county/city---but the requirements of 702.1 should be listed in paragraph (C) so that the section serves as a comprehensive guide to FWAB processing. The nonmateriality of omissions can then be explained in paragraph (D) of 20-70-30.
  • 702.1(B)(iv): Voter must provide the residence address at which he/she is, or desires to be, registered to vote.

Finally, is the full name of the FWAB registration/absentee applicant required for voter registration?

CommentID: 28574