Virginia Regulatory Town Hall

Final Text

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Action:
Material Omissions Absentee Ballots
Stage: Final
 
1VAC20-70

CHAPTER 70
ABSENTEE VOTING

1VAC20-70-10

1VAC20-70-10. (Reserved.)

1VAC20-70-20

1VAC20-70-20. Material omissions from absentee ballots.

A. Pursuant to the requirements of ยง 24.2-706 of the Code of Virginia, a timely received absentee ballot contained in an" ] Envelope B" ] should not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any Envelope B containing such omissions should be rendered invalid ifany of the following, or combination thereof, exists ]:

1. The voterhas did ] notincluded include ] his full legal name in any order;

2. The voterhas only included did not include ] his first name;

3. The voterhas only included did not include ] his last name;

4. The voter has not provided his house number, street name, and city of residence;

5. 4. ] The voterhas did ] notsigned sign ] the Envelope B;

6. 5. ] Thevoter has not had his voter's ] witnessdid not ] sign the Envelope B;or ]

7. 6. ] The ballot is not submitted either enclosed in or attached to the Envelope B; or

8. Any combination of the omissions in subdivisions 1 to 7 of this subsection exists ].

C. The ballot should not be rendered invalid if on the Envelope B:

1. The voter has omitted his middle name;

2. The voter has used a maiden name instead of a middle name;

3. The voter has used his middle initial instead of his full middle name;

4. The voter has used a nickname that is a derivative of his legal name instead of his first name ("Bob" instead of "Robert");

5. The voter has not provided his residential street identifier (Street, Drive, etc.);

6. The voter has not provided his residential zip code;

7. The voter has not provided the date or has only provided a partial date on which the absentee ballot was completed;

8. The signature of the voter is illegible; or

9. The signature of the witness is illegible.

D. Notwithstanding subsections B 1 through B 3 of this section, if the voter's identification can be ascertained by information provided on the outside or inside envelope, or by any preprinted information provided by the electoral board or general registrar, then the ballot should not be rendered invalid. ]