Vol. 27 Iss. 12 - February 14, 2011

Chapter 70
Final Regulation

Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-40, 1VAC20-70-50).

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

Effective Date: Effective upon the filing of the notice of the U.S. Attorney General's preclearance with the Registrar of Regulations.

Agency Contact: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone (804) 864-8925, FAX (804) 786-0760, or email


This regulatory action defines "application for an absentee ballot" and "temporary federal only ballot overseas voter"; establishes alternative counting procedures for absentee ballots; and provides that an application on any version of an approved absentee ballot application form will be accepted based on the laws in effect at the time of the election for which the voter is applying. No changes were made to the regulation since publication of the proposed regulation.


1VAC20-70-10. Definitions.

"Application for an absentee ballot" means an application for an absentee ballot submitted on any form approved for that purpose according to federal and state laws. The term includes a Virginia Absentee Ballot Application (SBE-701), a Virginia Annual Absentee Ballot Application (SBE-703.1), and a Federal Post Card Application (SF-76A). A Federal Write-In Absentee Ballot (SF-186A) is an absentee ballot application only for the voted ballot being submitted and is not an application for future elections.

"Envelope B" means the envelope required by § 24.2-706 of the Code of Virginia which identifies the voter.

"Temporary federal only ballot overseas voter" means a United States citizen residing outside the United States indefinitely who has not provided his last date of residence in Virginia. The date the applicant has provided next to his affirmation will serve as his last date of residence.

1VAC20-70-40. Alternative counting procedures.

An electoral board that approves use of alternative procedures for 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 instructions for processing and verifying absentee ballots.

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

3. 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. 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.

1VAC20-70-50. Version; applicable law.

An application on any version of an approved absentee ballot application form shall be accepted based on the laws in effect at the time of the election for which the voter is applying.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (1VAC20-70)

Absentee Ballot Application Form, SBE-701 (rev. 7/10).

Annual Absentee Ballot Application, SBE-703.1 (rev. 1/10).

Federal Post Card Application, Registration and Absentee Ballot Request, Standard Form 76A (rev. 10/05).

Federal Write-In Absentee Ballot and Instructions, Standard Form 186A (rev. 10/05).

Envelope B for Statement of UOCAVA Absentee Voter, 42 USC 1973ff-1(b) (rev. 5/04).

Envelope B for Statement of Absentee Voter, SBE 706-2 (rev. 7/03).

VA.R. Doc. No. R11-2686; Filed January 14, 2011, 10:56 a.m.