100 absentee ballots denied by State Board

Virginia's State Board of Elections is reporting a discrepancy between state and federal law that has led to the denial of 100 Federal Write-in Absentee Ballots.

Military and overseas voters who have not yet received their regular absentee ballots use the provisional ballots. The voters can use the federal form to both apply for their ballots and cast them as long as they are signed by a witness and submitted to state officials by Oct. 30.

The issue is that many of the ballots the state has received lack an address for the witness, which is required under state law if the ballot is also to serve as the ballot application. Federal law requires only a signature, not an address.

A release from the State Board says nearly 100 of the ballots they have received were not properly witnessed.

The Code of Virginia has held since 2002 that all federal write-in ballots with an application require a witness' signature and an address to be counted.

The federal form does not provide a space for the address and does not specify which states require it.

The State Board of Elections is working with the Virginia Attorney General's office to review both laws.

"Everyone involved is taking a closer look at both federal and state laws to ensure that every effort is made to count the votes," said Nancy Rodrigues, secretary for the State Board.

Rodrigues said the State Board anticipates receiving legal counsel in time for its meeting scheduled for Tuesday, Oct. 28 at 10 a.m.

--Wesley P. Hester