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Subcommittee backs extending absentee ballot receipt deadline to 5 p.m. third day after election

2258096 · February 10, 2025
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Summary

Senate Bill 760, which would change the deadline for local election offices to receive absentee ballots to 5 p.m. on the third day after an election (from noon), was reported out of the subcommittee on a 5-3 vote amid testimony about postal delays and concerns about delayed results.

Senate Bill 760, sponsored by Senator Favola, would move the deadline for receiving absentee ballots from noon on the Friday after an election to 5 p.m. on that same day (the third day after the election). The subcommittee reported the bill to the next stage on a 5-3 vote.

Favola said the change “moves that noontime to 5PM” to accommodate slower mail delivery and cited a U.S. Postal Service statistic that the average piece of mail takes 2.8 days to deliver. She described the change as a modest adjustment to ensure ballots mailed in time are counted.

The Nut Graf: Supporters, including the League of Women Voters of Virginia, said the extension would help ensure more ballots are received and counted given postal delays; opponents warned the change could prolong counting, delay results and undermine public confidence in timely outcomes.

Mary Crutchfield of the League of Women Voters of Virginia testified in favor, saying the adjustment “will help ensure that voters' ballots will be counted.” Melody Clark of Virginia Institute Action testified in opposition, arguing SB 760 “will unnecessarily prolong ballot counting, delay results, and foster uncertainty and skepticism among Virginia voters.”

Subcommittee members asked whether registrars would be required to work longer days; Senator Favola acknowledged local officials would need to process ballots after 5 p.m. but said the change is small and intended to reflect current postal performance.

The committee adopted the substitute and the clerk closed the roll; the bill reported out of the subcommittee on a vote of 5 to 3.

Support and opposition testimony and written comments were entered into the record; the bill will move to the full committee for further consideration.