PILF Backs Virginia Mail Ballot Postmark Bill

Published On: January 14th, 2021

(RICHMOND, VA.) — January 14, 2021: The Public Interest Legal Foundation (PILF) today offered support for the recently filed HB 2115 in the Virginia House of Delegates—a bill setting clear requirements on postmarks for absentee ballots.

The bill, filed by Delegate Margaret B. Ransone (HD-99, Kinsale), would require that absentee ballots received after the close of polls (but within the legally allowed Election Day+3 window) carry a legible postmark noting that it was submitted prior to the Election Day deadline.

The bill defines a postmark as: “an official United States Postal Service imprint indicating the date of mailing or any other official indicia of the United States Postal Service used to identify the date of mailing.”

“Virginia must fix the mistakes made in 2020. PILF had to go to court to enforce state law when the Attorney General refused to follow the law,” PILF President and General Counsel J. Christian Adams said. “Americans want an election system that follows the rules.

Track the progress of HB 2115 here.

In October 2020, PILF filed, on behalf of Thomas Reed, a local electoral board member, a lawsuit against the Virginia Department of Elections and the State Board seeking an injunction against administrative guidance that would accept absentee ballots received within three days after Election Day despite missing or illegible postmarks. Shortly thereafter, an injunction was granted.

The Public Interest Legal Foundation won the only injunction against a state in 2020 in stopping the acceptance of late ballots without postmarks. PILF is leading the nation in enforcing election integrity laws and the National Voter Registration Act, having brought cases in North Carolina, Pennsylvania, Michigan, Maryland, Florida, Mississippi, Texas, and Maine and filed amicus briefs in litigation across the nation.

Public Interest Legal Foundation (PILF) is a 501(c)(3) public interest law firm dedicated to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections.

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