Virginia Blocked from Counting Absentee Ballots Without Postmarks After Election Day

Absentee ballots are seen, Saturday, Sept. 26, 2020, in Cobb County, Ga. (AP Photo/Mike Stewart)
AP Photo/Mike Stewart

A Frederick County, Virginia, court blocked the state’s Board of Elections from accepting absentee ballots received up to three days after election day, November 3, that do not have legible postmarks.

On Wednesday, a circuit court in Frederick County ruled against a plan by the Virginia State Board of Elections that would have allowed illegibly postmarked absentee ballots to be counted after the November 3 election.

Current Virginia statute, as noted by the Public Interest Legal Foundation (PILF), makes clear that “any absentee ballot returned to the general registrar after the closing of the polls on election day but before noon on the third day after the election and postmarked on or before the date of the election shall be counted…”

The Virginia State Board of Elections, on August 4, sought to count absentee ballots with illegible postmarks received up to three days after election day.

The case was filed in the Circuit Court of the County of Frederick, Virginia. The case number is 20-622.

John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder

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