[EL] deaths after voting by mail

[Steve Kolbert]

You can find a discussion of the applicable Virginia law in Op. Va. Att'y
Gen. 10-104 (Oct. 26, 2010), available at
http://www.oag.state.va.us/Opinions%20and%20Legal%20Resources/OPINIONS/2010opns/10-104-Lind.pdf

SUMMARY:
When a general registrar knows an absentee voter has died prior to election
day, but after having voted by absentee ballot, the registrar must cancel
that voter's registration, and the absentee ballot should not be counted;
but that in those circumstances in which absentee ballots are cast prior to
election day in a manner by which the absentee ballot no longer can be set
aside, the general registrar who knows of the voter's death shall cancel
that voter's registration, but election officials are not otherwise
required to perform the impossible task of not counting the deceased
voter's ballot.

Steve Kolbert
(202) 422-2588
steve.kolbert at gmail.com
@Pronounce_the_T
On Aug 3, 2012 11:54 AM, "Doug Hess" <douglasrhess at gmail.com> wrote:

>
> Let's say you vote by mail and then kick the bucket before ballots are
> counted or before election day. Assuming election officials notice this
> about you and spot your ballot, do laws or regulations address counting
> that ballot? I assume that if you were eligible to vote when you did, that
> dieing before ballots are counted doesn't matter.
>
> If an election is entirely by mail and you can get ballots 30 days in
> advance (is that standard?), just how many adults go six feet under in that
> period. I'm wondering--for Friday amusement partially--if the number or
> percentage is enough that the dead can determine an outcome?
>
> Doug
>
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