An Act to amend and reenact § 24.2-709.1 of the Code of Virginia, relating to elections; absentee voting; cure process.
HB773 amends Virginia’s absentee ballot processing law to refine and expand the “cure process” for ballots with technical defects. The bill directs general registrars to examine returned absentee ballot envelopes for the required voter affirmation, clarifies that certain omissions do not make the affirmation incomplete if the voter provided a full first and last name, and allows ballots to be opened and placed into secure counting containers before election day without tabulating totals. It also preserves the existing requirement that at least two election officers from different political parties be present when ballots are handled in this way.
The bill further requires registrars to identify absentee ballots that have a correctable defect or procedural error, record that issue in the voter registration system, and notify the voter promptly by writing or email. Voters must be given an opportunity to fix the problem before noon on the third day after the election, and the ballot is then counted if the voter is otherwise eligible. The measure also allows a registrar to issue a replacement absentee ballot if needed and requires the original defective ballot to be preserved with spoiled ballots.
HB773 amends § 24.2-709.1 of the Code of Virginia, affecting the administration of absentee voting statewide. It expands and clarifies registrar duties for pre-election processing, voter notification, and ballot correction, while also protecting ballots from being invalidated solely because of certain minor affirmation defects or registrar processing failures. The bill applies to general registrars, election officers, absentee voters, and the voter registration system, and it takes effect January 1, 2027.
The available context shows no recorded committee transcript or vote breakdown, so there is no documented floor or committee debate to gauge detailed sentiment. Based on the bill’s text, the measure appears designed to improve absentee ballot counting and reduce disenfranchisement from technical errors, suggesting a generally administrative and voter-access-oriented purpose rather than a highly partisan one. The enacted chapter status indicates it ultimately received approval.
The main potential point of contention is the balance between ballot access and election administration safeguards. Supporters would likely favor the bill’s voter-protective cure process, clearer standards for acceptable affirmations, and the ability to correct errors before a ballot is rejected. Critics, if any, would likely focus on whether expanded curing and pre-election handling could increase administrative burden, create opportunities for inconsistency among registrars, or raise concerns about ballot security and election integrity. The bipartisan officer requirement and secure-container procedures appear intended to address those concerns.