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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9/29/10  1:27 pm
Commenter: W. S. Lee, Fairfax County Election Officer

Material Omissions Absentee Ballots (Not material for determining validity of voter's identity)
 

I agree that the standards for UOCAVA voters (absent uniformed services voters and overseas voters) and the standards for non-UOCAVA, state prescribed voters (all others who are eligible voters) should be the same.  Nevertheless, if the state’s Envelope B remains codified then the following are suggested changes to the proposed text on material omissions:

 

Change C.1 to be “The voter has omitted his middle name when he commonly uses his first name OR (and not AND) the voter has omitted his first name when he commonly uses his middle name.”.  For example Richard Nixon for former president Richard Milhous Nixon and Ross Perot for former presidential candidate Henry Ross Perot.

 

Change C.3 to be “The voter has used his middle initial instead of his middle name AND/OR the voter has used his first initial instead of his first name.”.  For example, the former president George W. Bush, the novelist F. Scott Fitzgerald, and the guitarist B.B. King.

 

Add after C.3: “The voter has omitted the first or last part of a two-part (hyphenated or unhyphenated or linked with ‘de’) surname.”  For example, Jacqueline Kennedy or Jacqueline Onassis for former first lady Jacqueline Kennedy Onassis.

 

Change C.4 to be “The voter has used a nickname that is a derivative of his legal name instead of his first name AND/OR his middle name.”  For example, Jimmy Carter for former president James Earl Carter, Jr. and Norm Schwarzkopf for retired general Herbert Norman Schwarzkopf.

 

Change C.5 to be “The voter has not provided his residential street identifier (Street, Drive, etc.) AND/OR the voter has not provided his apartment/unit identifier (Apt. 1, etc.).”.

 

Add before C.8: “The signature of the voter is omitted and a ‘Request for Assistance’ was attached indicating that the voter is unable to sign.”

 

Change C.9 to be “The signature of the witness is illegible.”.

 

These suggested changes to the proposed text further reduce ambiguity with the existing stated standards.  All of these variations represents details that are not material for determining the validity of the voter’s identity but often causes time-consuming discussions during the processing of ballots.

 

 

CommentID: 14439