Section E is critically needed to clarify when an AB is considered to have been cast if the AB vote is not made in-person.  Section E as written states that the AB is cast once the voter relinquishes control over the ballot.  To further clarify its impact, I would suggest that the following sentence be added at the end of Section E: "Since the ballot has been deemed to have been cast as specified, the voter has exercised his right to vote.  Any subsequent decision to accept or reject the ballot made by the Election Officers at the Central Absentee Precinct is therefore irrelevant to the voter's right to vote."

This will prevent a situation that has occurred in Fairfax County where an AB is rejected during the CAP processing and the voter, having been notified by a partisan observer at the CAP of this rejection, attempts to vote (either a regular or provisional ballot) at his polling place during Election Day.  Under this proposed regulation, such an attempt would be considered as attempting to vote twice and therefore cannot be allowed.