Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-20).

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: Justin Riemer, Deputy Secretary, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8904, or email justin.riemer@sbe.virginia.gov.

Summary:

This regulation details standards to assist local election officials in determining whether an absentee ballot may be counted by distinguishing what errors or omissions are always material and render the ballot invalid from those that are not material.

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 [ should 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 [ should shall ] be rendered invalid if any of the following exists:

1. [ The Except as provided in subdivisions C 2 and 3 of this section, the ] voter did not include his full [ first ] name [ in any order ];

[ 2. The voter did not include a his first name; ]

[ 3. 2. ] The voter did not [ include provide ] his last name;

[ 3. If the voter has a legal middle name, the voter did not provide at least a middle initial; ]

4. The voter did not provide his house number [ , and ] street name or [ his ] rural route address [ , or city of residence, ] or zip code;

[ 5. The voter did not sign Envelope B;

6. The voter's witness did not sign Envelope B; or

7. The ballot is not sealed in Envelope B ] . [ ; or

8. The voter did not provide the date on which he signed Envelope B.

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

6. The voter did not sign Envelope B;

7. The voter did not provide the date on which he signed Envelope B;

8. The voter's witness did not sign Envelope B; or

9. The ballot is not sealed in Envelope B. ]

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

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

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

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

[ 4. The voter did not provide his generational suffix; ]

[ 4. 5. ] The voter did not provide his residential street identifier (Street, Drive, etc.); or

5. 6. ] The voter did not provide a zip code [ , so long as the voter provided his city ]; [ or

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

[ 6. 8. ] The voter omitted the year in the date on which he signed Envelope B [ .; or

9. The voter provided the incorrect date on which he signed Envelope B.

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

F. 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. ]