Judge: Virginia Can’t Count Ballots With Missing Postmarks

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A judge ruled Wednesday that Virginia elections officials cannot count absentee ballots with missing or illegible postmarks unless they can confirm the date of mailing through a barcode, granting an injunction requested by a conservative legal group.

The Public Interest Legal Foundation sued the Virginia Department of Elections and members of the Virginia State Board of Elections earlier this month, challenging a regulation that instructed local election officials to count absentee ballots with unreadable postmarks — as long as the ballots are received by noon on the Friday after Election Day, Nov. 3.

The lawsuit alleged the regulation violates a 2020 state election law that says absentee ballots postmarked by Nov. 3 and received by Nov. 6 will be counted.

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