Virginia Regulatory Town Hall
Agency
Department of Elections
 
Board
State Board of Elections
 
chapter
Election Administration [1 VAC 20 ‑ 60]
Action 2013 Periodic Review Chapter 60 Election Administration
Stage Proposed
Comment Period Ended on 4/25/2016
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4/5/16  3:58 pm
Commenter: Brenda Cabrera

Clarification for Curbside Voter
 

1VAC20-60-40. When ballot cast

Where does the curbside voter fit into this scenario related to “when the vote is cast”? In current practice, the vote is cast when the voter hands the ballot to the Election Officer at the curb. The procedure described in Part D has been the procedure with a curbside ballot, "if a voter inserts a ballot into an optical scanner and departs prior to the ballot being returned by the scanner due to an undervote or overvote, the officer of election MUST (I agree with Mr. Riddlemoser's recommended change) cast the ballot for the absent voter." The ballot is cast as-is, or placed in an emergency bin to be hand counted. B(ii), states that a ballot is technically “cast” when it is inserted into a scanner and B(iv) speaks strictly to relinquishing a provisional ballot to the election officer. As written, this could mean that an officer would have to ask the curbside voter to remain until the ballot is inserted into the scanner and would then require the officer to return to the voter to either make a correction or advise the voter that the ballot was accepted by the scanner.

Please clarify by either adopting the same procedure in Part D for the curbside voter or stating at what point the ballot of a curbside voter is considered cast. 

CommentID: 49697