- The Washington Times - Wednesday, October 28, 2020

A judge in Virginia ruled Wednesday that the state cannot count ballots that arrive after Election Day and do not contain a postmark.

Judge William W. Eldridge IV said the state can, though, accept ballots with illegible postmarks for up to three days as long as the voter’s oath was signed and dated before the election.

The Public Interest Legal Foundation had brought the case on behalf of a Virginia voter and chair of a local Republican committee, arguing that state law didn’t allow for ballots received after election day to be counted.

In an election setting records for mail-in voting, which of those ballots can be counted is proving to be a major legal hassle.

Some states allow ballots to be received days after an election.

Virginia, under the judge’s ruling, will allow some, but not others.

Judge Eldridge said a new state law allows ballots to be received and counted up to three days after the election as long as they were “postmarked on or before the date of the election.” He said a mailing with an illegible postmark still counts, but a mailing without any postmark does not.

“These absentee ballots will not be counted if it cannot be confirmed from the Intelligent Mail barcode that the ballot was mailed on or before the date of the relevant election,” the judge ruled.

State election officials had proposed counting both types of ballots.

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