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

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

Public Hearing Information: October 17, 2011 - 3 p.m. - State Capitol, House Room 2, Richmond, VA

Public Comment Deadline: October 12, 2011.

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

Background: On December 20, 2010 (27:8 VA.R. 733-734), the State Board of Elections published a regulation defining material omissions from absentee ballots with an effective date contingent upon preclearance approval by the U.S. Attorney General. This regulation did not become effective and a Notice of Withdrawal of that action was published in Volume 27, Issue 24 of the Virginia Register of Regulations on August 1, 2011. On July 6, 2011, the board approved proposing for public comment different language for a regulation defining material omissions from absentee ballots to replace board policy 2008-006, Substantial Compliance, which was also published in Volume 27, Issue 24 of the Virginia Register of Regulations on August 1, 2011. On August 16, 2011, the board received additional public comment and directed that a further public comment period be provided.

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 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 be rendered invalid if any of the following exists:

1. The voter did not include his full name in any order;

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

3. The voter did not include his last name;

4. The voter did not provide his house number, street name or 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 ].

C. The ballot should 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 initial instead of his full middle name;

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

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

5. [ The voter did not provide a zip code; or

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