Title of Regulation: 1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-20).

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

Public Hearing Information:

September 14, 2010 - 10 a.m. - General Assembly Building, 910 Capitol Street, House Room D, Richmond, VA

Public Comment Deadline: September 30, 2010.

Agency Contact: Peter Goldin, Policy Analyst, State Board of Elections, 1100 Bank St., Richmond, VA 23219, telephone (804) 864-8930, FAX (804) 786-0760, or email peter.goldin@sbe.virginia.gov.

Summary:

This proposed regulation details standards to assist local election officials in determining whether absentee ballots may be counted by distinguishing what omissions are always material and require that the ballot be treated as void or invalid from those that are not material.

CHAPTER 70
ABSENTEE VOTING

1VAC20-70-10. Definitions.

(Reserved.)

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:

1. The voter has not included his full legal name in any order;

2. The voter has only included his first name;

3. The voter has only included his last name;

4. The voter has not provided his house number, street name, and city of residence;

5. The voter has not signed the Envelope B;

6. The voter has not had his witness sign the Envelope B;

7. The ballot is not submitted either enclosed in or attached to the Envelope B; or

8. Any combination of the omissions in subdivisions 1 to 7 of this subsection exists.

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

1. The voter has omitted his middle name;

2. The voter has used a maiden name instead of a middle name;

3. The voter has used his middle initial instead of his full middle name;

4. The voter has used a nickname that is a derivative of his legal name instead of his first name ("Bob" instead of "Robert");

5. The voter has not provided his residential street identifier (Street, Drive, etc.);

6. The voter has not provided his residential zip code;

7. The voter has not provided the date or has only provided a partial date on which the absentee ballot was completed;

8. The signature of the voter is illegible; or

9. The signature of the witness is illegible.