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
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6/17/13  5:54 pm
Commenter: Al Ablowich, Virginia Beach Electoral Board

Overvote Ballot
 

Approval of this change would appear to enable a voter to vote for two candidates for the same office. In one scenario suggested, the voter votes for two candidates, inserts the ballot into the optical scanner (OS), and then leaves. The OS then rejects the ballot because of the overvote. An officer of election then notices the rejected ballot. He MAY override the overvote and have the ballot cast counted for both candidates.

My preference would be for the officer of election not cast the overvote ballot, but to place it aside, and return it on Election Night to the General Registrar. The Electoral Board would then deal with the overvote ballot during the canvass process as prescribed in the Code 24.2-663.

CommentID: 28554