An Act to amend and reenact § 24.2-709.1 of the Code of Virginia, relating to elections; absentee voting; cure process.
Summary
HB773 amends Virginia law governing the processing of returned absentee ballots and the absentee ballot cure process. The bill requires general registrars to date-stamp returned absentee ballots, verify the voter affirmation on the envelope, and, when the affirmation is properly completed, either insert the ballot into secure counting equipment without tabulating totals or store it securely until processing begins. It also clarifies that a voter affirmation is not incomplete solely because the voter omitted a middle initial, full name detail beyond first and last name, or part of the date on the affirmation.
The bill expands and formalizes the cure process for absentee ballots with correctable errors. If a ballot received by the Friday before Election Day has an envelope defect or a procedural error that would otherwise make it void, the registrar must mark the voter record, notify the voter in writing or by email within three days, and explain how to fix the problem. The voter may correct the issue until noon on the third day after the election, and the ballot is then counted if the voter is otherwise eligible. The bill also allows the registrar to issue a replacement absentee ballot if needed and requires preservation of the original ballot as a spoiled ballot. The act takes effect January 1, 2027.
Impact
HB773 changes the administration of absentee voting under § 24.2-709.1 of the Code of Virginia by standardizing pre-election handling of returned ballots and creating a clearer, more explicit cure mechanism for defective absentee ballots. It affects general registrars, officers of election, and absentee voters by imposing notice, recordkeeping, and correction deadlines, while also protecting ballots from invalidation for certain minor affirmation omissions and limiting election-contest challenges based on registrar processing failures. The bill also updates related absentee voter list procedures and the timing for when ballots must be available to precinct officers.
Sentiment
The bill appears to have been generally supported but somewhat divided, with repeated party-line or near-party-line votes in committee and on the floor. It ultimately passed both chambers and was enacted, indicating enough consensus to move the measure forward despite notable opposition. The final concurrence votes on the Governor’s recommendation were closer than the earlier final passage votes, suggesting continued disagreement over the scope or administration of absentee ballot curing and processing.
Contention
The main points of contention likely centered on election administration, ballot security, and the balance between voter access and procedural compliance. Supporters appear to have favored giving voters a meaningful opportunity to correct technical mistakes so valid absentee ballots are not rejected for minor errors, while opponents likely worried about extending deadlines, increasing administrative burdens on registrars, and altering established election procedures. The close committee and floor votes indicate that absentee ballot curing and the timing of ballot processing were the most disputed aspects of the bill.