REGULATIONS
Vol. 38 Iss. 19 - May 09, 2022

TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Chapter 70
Final

TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Final Regulation

REGISTRAR'S NOTICE: The State Board of Elections is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 8 of the Code of Virginia, which exempts agency action relating to the conduct of elections or eligibility to vote.

Title of Regulation: 1VAC20-70. Absentee Voting (amending 1VAC20-70-40).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Effective Date: May 6, 2022.

Agency Contact: Daniel Davenport, Policy Analyst, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 393-0493, or email daniel.davenport@elections.virginia.gov.

Summary:

The amendments add requirements for localities for the pre-processing of absentee ballots, including at least two pre-processing meetings in the seven days before election day.

1VAC20-70-40. Alternative processing procedures for absentee ballots returned before election day.

Each general registrar in taking the measures as needed to expedite counting absentee ballots under § 24.2-709.1 of the Code of Virginia shall ensure that:

1. The general registrar staff assigned follow all previously prescribed the instructions in this section for processing and verifying absentee ballots.

2. Each locality holds a mandatory pre-processing meeting on the seventh day immediately preceding the election and on either the Friday or Saturday immediately preceding the election. At each of those pre-processing meetings, the general registrar's office should pre-process all absentee ballots that were in their office's possession at the beginning of that day.

3. In the event that the general registrar's office is unable to process all ballots in their possession on the morning of either the Friday or Saturday before election day, then the general registrar's office should hold a final pre-processing meeting on the Monday immediately preceding the election.

4. All absentee ballots are secured at the end of each day following principles of dual control and chain of custody.

3. 5. The general registrar staff assigned follow carefully all the requirements of § 24.2-709.1 of the Code of Virginia, including the requirement that at least two officers of election, one representing each party, be present during all hours that the expedited procedures are used.

4. 6. Notice is given to the local political party chairs of the times and places for processing absentee ballots in sufficient time to allow for the authorized party representatives to be present.

VA.R. Doc. No. R22-7182; Filed April 28, 2022