Virginia Regulatory Town Hall
Department of Elections
State Board of Elections
Election Administration [1 VAC 20 ‑ 60]
Action is Exempt from Article 2 of the Administrative Process Act
Incorporate statutory requirements into regulation on when a ballot is cast
Action 3985
General Information
Action Summary Senate Bill 1027 included a provision that allows an officer of election to cause a machine to accept an optical scan ballot that was rejected due to an overvote. The action allowed within this legislation is directly counter to a regulation currently enforced within the Commonwealth, 1VAC20-60-40. The changes currently being considered provide an exception to the general rule that a ballot may only be cast by a voter or an officer of election who has been specifically directed to do so by the voter.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4002(B)(8)
RIS Project Yes  [003743]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6596 Proposed Stage complete. Comment period ended 06/21/2013.
6730 Final Stage complete. This regulation became effective on 08/13/2013.
Contact Information
Name / Title: Myron McClees  / Policy Analyst
Address: 1100 Bank Street
Richmond, VA 23219
Email Address:
Phone: (804)864-8949    FAX: ()-    TDD: ()-