Virginia Regulatory Town Hall
Agency
Department of Elections
 
Board
State Board of Elections
 
chapter
Election Administration [1 VAC 20 ‑ 60]
Action Incorporate statutory requirements into regulation on when a ballot is cast
Stage Proposed
Comment Period Ended on 6/21/2013
spacer
Previous Comment     Next Comment     Back to List of Comments
6/8/13  3:20 pm
Commenter: William R. Jenkins GR of Sussex County

1 VAC 20 - 60 part D regulation on when a ballot is cast
 

D. If any voter's ballot was

Not so cast by or at the direction

of the voter, then the ballot cannot be cast by any officer of

election or other person present.

Notwithstanding the

previous sentence, if a voter inserts a ballot into an optical

scanner and departs prior to the ballot being

returned by the

scanner due to an overvote, the officer of election may cast

the ballot for the absent voter.

therefore---

If a voter walks away ( without casting the vote) on a DRE machine the ballot is not cast.  (because you can not prove the “officer” did not change the vote)

What keeps an officer from making another mark on the paper ballot?

In other words it can’t be proven the vote was not changed.

It does look like the 2 vote problems ( DRE vs Optical Scan ) are treated differently.

Both deal with a ballot cast without knowledge of said voter.

 

Has the procedure for the “ DRE voter who walks away without casting a vote”

changed ??

 

 

CommentID: 28516