The inverse wellstone problem has surfaced here in Virginia, according
to a colleague who is married to a local election official.

Problem: suppose the absentee voter dies before the day of the
election, but the candidate is alive? We do have a norm that dead people
are not supposed to vote, although there is ambiguity in most statutes
about when the voter is supposed to be alive (time of voting vs. time of
counting).

At any rate, local practice has long been to rely on personal knowledge
of the officials, who have simply pulled out and thrown away the
absentee ballots of those who have died by the time of election day. 

But this practice depends on two things: the ballot still being in the
envelope; personal knowledge. Consequently, we do not have a uniform
state wide practice on this point; in larger cites, the registrars have
counted all of the absentee ballots. Two reasons: if the vote is on a
machine, there is no way to pull it back; and at any rate, no personal
knowledge.

Can you see the cite coming? Yes, sports fans, it is another Bush v.
Gore issue. Is not this lack of uniformity a clear violation of that
case? So my informants tell me that the AG is getting involved in this
issue. (Positive consequence; it may keep the AG from committing
mischief on other fronts for a brief interval.)

Best wishes to all,        Lash /


Lewis Henry LaRue
Washington and Lee University
School of Law
Lexington,  VA  24450-0303

email: laruel@wlu.edu
phone: 540-458-8513
fax: 540-458-8488