The proposed regulation provides guidelines for a reasonable interpretation of the Code of Virginia Section 24.2-706.  The law is quite clear that the input information on "Envelope B" is required.   Thus, this regulation will assist Election Officers in processing absentee ballots in a more consistent manner and in reducing the opportunity for circumvention of the law.  The comment suggesting greater detail for non-material omissions or errors is based upon specific situations that have occurred and therefore has merit.  However, guidelines quickly become specific, narrow and inflexible rules if they attempt to cover all possible situations.  Since it is not  possible to identify all potential situations, the regulation as proposed is preferred.

The statement on "Envelope B" is a signed and witnessed oath the voters make identifying who they are and where they live and affirming their willingness to follow the process and law in voting absentee.  This signed statement is subject to the penalties in Section 24.2-1016 for false statements.  A signed statement that does not completely identify the individual making the oath is meaningless.  Information on the "Envelope A", used to return the sealed "Envelope B" containing the marked ballot, is physically separate from the oath on "Envelope B" and this information cannot be used as a source for identifying the signer of the statement.

Section 24.2-651 relates to challenges to voting in Federal elections.  By virtue of the application process for an absentee ballot, any potential challenges would occur at the time of the application before a ballot is sent to the voter.  The last sentence in Section 24.2-651 does not supercede the absentee voting requirements in 24.2-706 but it merely clarifies that the vote cannot be further challenged once the voter statement on "Envelope B" is completed and signed per 24.2-706.