TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Final Regulation

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

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

Effective Date: October 15, 2026.

Agency Contact: Nathan Joyner, Program Administrative Specialist II, Virginia Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.

Summary:

The amendments (i) establish a threshold for when a locality must hold the additional Friday or Saturday pre-processing meeting, required only when, at the conclusion of the seventh-day pre-processing meeting, the number of returned mail absentee ballots awaiting pre-processing is at least 10% of a locality's returned mail absentee ballots and at least 100 ballots; (ii) clarify the circumstances requiring a Monday pre-processing meeting based on whether outstanding ballots remain after application of the new threshold; and (iii) update the provision governing the final pre-processing meeting.

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

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

1. The general registrar staff assigned follow 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 conclusion of that meeting, the general registrar's office should pre-process all will determine the number of mail absentee ballots that were in their office's possession at the beginning of that day locality that have been returned but not pre-processed.

a. The locality shall hold an additional pre-processing meeting on either Friday or Saturday immediately preceding the election if the total number of returned mail ballots awaiting pre-processing (i) is 10% or more of the total returned mail absentee ballots for the locality and (ii) consists of at least 100 ballots.

b. At any mandatory pre-processing meeting held on Friday or Saturday immediately preceding the election, the general registrar's office shall pre-process all absentee ballots that were in their office's possession at the beginning of that day.

3. In the event that the If (i) a general registrar's office is unable to process all ballots in their possession on the morning of either the required to hold a pre-processing meeting on Friday or Saturday before immediately preceding the election day and is unable to process all ballots in their possession or (ii) if no Friday or Saturday meeting was held, then the general registrar's office should shall hold a final pre-processing meeting on the Monday immediately preceding the election during which all returned mail absentee ballots must be processed.

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

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 political party, be present during all hours that the expedited procedures are used.

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. If the general registrar's office determines a Friday or Saturday pre-processing meeting is not required, notice of the decision shall also be provided, and the registrar shall document the justification for forgoing the meeting.