Titles of Regulations: 1VAC20-45. Absent Military and Overseas Voters (amending 1VAC20-45-40).

1VAC20-70. Absentee Voting (amending 1VAC20-70-20; repealing 1VAC20-70-80).

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

Effective Date: July 3, 2023.

Agency Contact: Franchelle Tyson, Administrative Program Specialist, Department of Elections, 1100 Bank Street, 1st Floor, Richmond, VA 23219, telephone (804) 864-8919, or email franchelle.tyson@elections.virginia.gov.

Summary:

Chapter 785 of the 2023 Acts of Assembly removes the witness signature requirement for absentee ballots and applications, removes the witness signature requirement for federal write-in absentee ballots and applications, and replaces the signature requirements with a requirement for the voter's year of birth and the last four digits of the voter's social security number or a unique identifier if the voter has never been issued a social security number. The amendments conform the regulations to Chapter 785.

1VAC20-45-40. Material omissions from Federal Write-In Absentee Ballots.

A. Pursuant to the requirements of §§ 24.2-467, 24.2-702.1, and 24.2-706 of the Code of Virginia, a timely received write-in absentee ballot on a Federal Write-In Absentee Ballot (FWAB) (Form SF-186) should not be rendered invalid if it contains an error or omission not material to determining the eligibility of the applicant to vote in the election in which the applicant offers to vote.

B. If the applicant is not registered, the FWAB may not be accepted as timely for registration unless the applicant has met the applicable registration deadline. Section 24.2-419 of the Code of Virginia extends the mail registration deadline for certain military applicants. All applications requesting mailed ballots are subject to the mail absentee application deadline in §§ 24.2-459 and 24.2-701 of the Code of Virginia.

C. The following omissions are always material and any FWAB containing such omissions should be rendered invalid if on the declaration/affirmation any of the following, or combination thereof, exists:

1. The applicant has omitted the signature of the voter or the notation of an assistant in the voter signature box that the voter is unable to sign;

2. The applicant has omitted the signature of the witness, except during a declared state of emergency related to a communicable disease of public health threat pursuant to § 24.2-707 of the Code of Virginia did not provide the applicant's birth year;

3. The applicant did not provide the last four digits of the applicant's social security number, or if the applicant’s voter registration includes a statement of affirmation that the applicant has never been issued a social security number, the unique identifier assigned to the applicant in the voter registration system pursuant to § 24.2-404 A 1 of the Code of Virginia;

4. The applicant did not include the declaration/affirmation page; or

4. 5. The applicant omitted from the declaration/affirmation information required by § 24.2-702.1 of the Code of Virginia needed to determine identity or eligibility including current military or overseas address.

D. The ballot should not be rendered invalid if on the FWAB any of the following, or combination thereof, exists:

1. The applicant has not listed the names specifically in the order of last, first, and middle name;

2. The applicant has listed a middle initial or maiden name, instead of the full middle name;

3. The applicant has omitted the street identifier, such as the term "road" or "street," when filling in the legal residence;

4. The applicant has omitted the county or city of registration if the county or city is clearly identifiable by the residence address information provided;

5. The applicant has omitted the zip code;

6. The applicant has omitted the date of the signature of the voter;

7. The applicant has omitted the address of the witness;

8. The applicant has omitted the date of signature of the witness;

9. 7. The applicant did not seal the ballot within the security envelope so long as the outside envelope containing the ballot and the voter's declaration/affirmation page arrived sealed; or

10. 8. The applicant has submitted a ballot containing offices or issues for which the applicant is not eligible.

1VAC20-70-20. Material omissions from absentee ballots.

A. Pursuant to the requirements of § 24.2-706 of the Code of Virginia, a timely received absentee ballot contained in an Envelope B shall not be rendered invalid if it contains an error or omission not material to its proper processing.

B. The following omissions are always material and any Envelope B containing such omissions shall be rendered invalid if any of the following exists:

1. Except as provided in subdivisions C 2 and C 3 of this section, the voter did not include his the voter's full first name;

2. The voter did not provide his the voter's last name;

3. The voter omitted his the voter's generational suffix when one or more individuals with the same name are registered at the same address, and it is impossible to determine the identity of the voter;

4. The voter did not provide his the voter's house number and, street name, or his rural route address;

5. The voter did not provide either his the voter's city or zip code;

6. The voter did not sign Envelope B; or

7. The voter's witness did not sign Envelope B, except during a declared state of emergency related to a communicable disease of public health threat pursuant to § 24.2-707 of the Code of Virginia. voter did not provide the voter's birth year; or

8. The voter did not provide the last four digits of the voter's social security number, or if the voter’s registration includes a statement of affirmation that the voter has never been issued a social security number, the unique identifier assigned to the voter in the voter registration system pursuant to § 24.2-404 A 1 of the Code of Virginia.

C. The ballot shall not be rendered invalid if on the Envelope B:

1. The voter included his the voter's full name in an order other than "last, first, middle";

2. The voter used his the voter's first initial instead of his the voter's first full name, so long as the voter provided his the voter's full middle name;

3. The voter provided a derivative of his the voter's legal name as his the voter's first or middle name (e.g., "Bob" instead of "Robert");

4. If the voter provided his the voter's first name and last name, the voter did not provide a middle name or a middle initial;

5. The voter did not provide his the voter's residential street identifier (Street, Drive, etc.);

6. The voter did not provide a zip code, so long as the voter provided his the voter's city;

7. The voter did not provide his the voter's city, so long as the voter provided his the voter's zip code;

8. The voter omitted the date, or provided an incorrect or incomplete date on which he the voter signed Envelope B; or

9. The ballot is imperfectly sealed within Envelope B, provided that the outer envelope with Envelope B and the ballot arrived sealed.; or

10. The illegibility of a voter's or witness' signature on an Envelope B shall not be considered an omission or error is illegible.

D. For the purposes of this regulation, "city" may include the voter's locality, town, or any acceptable mailing name for the five-digit zip code of the voter's residence.

E. Whether an error or omission on an Envelope B not specifically addressed by this regulation is material and shall render the absentee ballot invalid shall be determined by a majority of the officers of the election present.

F. If a ballot is received by the general registrar's office by noon on the third day after the election pursuant to § 24.2-709 of the Code of Virginia but the return envelope has a missing or illegible postmark, the General Registrar shall refer to the Intelligent Mail barcode on the return envelope to determine whether the ballot was mailed on or before the date of the relevant election.

1. If there is evidence from the Intelligent Mail barcode that the ballot was mailed after the close of polls for the relevant election, the ballot shall be rendered invalid.

2. If there is no evidence from the Intelligent Mail barcode that the ballot was mailed after the close of polls for the relevant election, but the return envelope has an illegible postmark, the General Registrar shall refer to the date on which the oath on Envelope B was signed to determine whether the ballot was cast on or before the date of the relevant election.

3. If there is no evidence from the Intelligent Mail barcode that the ballot was mailed after the close of polls for the relevant election and if the return envelope has a missing postmark, the ballot shall be rendered invalid.

1VAC20-70-80. Absentee ballot witness signatures during qualifying state of emergency. (Repealed.)

A. "Declared state of emergency related to a communicable disease of public health threat" or "state of emergency" means a state of emergency declared by the Governor of Virginia pursuant to the Governor's authority under Article V, Section 7 of the Constitution of Virginia in response to a communicable disease of public health threat, as defined in § 44-146.16 of the Code of Virginia.

B. If such a state of emergency is declared prior to the start of in-person absentee voting under § 24.2-701.1 of the Code of Virginia for an election and is ongoing at the beginning of the in-person absentee voting period, then a witness signature is not required on any absentee ballot otherwise validly submitted for that election. This rule applies to all absentee ballots submitted for that election, including any absentee ballot submitted after the state of emergency has ended.

C. If the Governor of Virginia declares such a state of emergency during the in-person absentee voting period preceding Election Day, no absentee ballot returned after such declaration of state of emergency requires a witness signature. This rule applies to any absentee ballots submitted after the state of emergency has ended.