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 Material Omissions Absentee Ballots
Stage Proposed
Comment Period Ended on 9/30/2010
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9/21/10  9:25 pm
Commenter: Margaret Luca, Chairman, Fairfax County Electoral Board

Material Omissions Absentee Ballots
 

The standards as proposed do not allow absentee voters equal protection under the law. A higher burden is placed on domestic absentee voters than on UOCAVA voters ( absentee overseas voters.) We must  treat the voter who votes absentee in the same election with the same timetable and the same ballot equally. There is no reason that the Commonwealth of Virginia shouldn't comply with the federal standards.  When a voter applies for an absentee ballot, the information is verified that the voter is a registered voter. The same standards apply to a UOCAVA voter as a domestic voter. All checks and balances are in place for both. The difference is only the information required to provide on the B envelope.  We know who the voter is by the label on all returned ballots whether they are domestic or UOCAVA voters. 

In the last sentence of 24.2-651, it is clearly stated that a properly signed envelope should not be challanged.

Any ambiguity in the law is resloved in the favor of the voter according to constitutional law.

 

CommentID: 14426