Updated Absentee Ballot Deadline Poised For Approval In House

The House of Delegates is progressing a bill that would change the deadline for absentee ballots. 

House Bill 4600 would make the closing of polls on election day the deadline for all ballots.

Code currently allows absentee ballots that have been postmarked by Election Day to be counted if they arrive by the day of the official election canvas, which usually takes place a week or more after the election.

Del. Evan Hansen, D-Monongalia, presented four amendments to the bill on the House Floor Monday to try and carve out exceptions to the new deadline for students, military servicemembers, the sick and the elderly.

“West Virginians who are recovering from surgery or have chronic illness or they’re coping with some disability. They’re injured through no fault of their own. These are citizens who are following the law, requesting and casting absentee ballots,” he said. “They care about our state, and they deserve to have their voices heard.”

Hansen said there had been no testimony before the House Judiciary Committee last week that fraud was found due to absentee ballot provisions. He expressed concern that between the new deadline and changes to postmarks in the postal service, fewer voters will have their vote counted.

“For many of our constituents, absentee voting is not just a matter of convenience, it’s the only way they could participate in our democracy,” Hansen said. 

The United States Postal Service (USPS) recently changed policy to no longer postmark mail when it is handed off at a local post office, but rather when it reaches regional sorting stations. 

Del. J.B. Akers, R-Kanawha, and chair of the House Judiciary Committee, reiterated an argument made in the committee’s discussion of the bill that the updated deadline would give greater clarity to voters given the potential confusion around postmarks.

“Even if you drop off a piece of mail that would ordinarily be postmarked same day, they have said that you cannot count on when the postmark may be applied,” Akers said. “It could be three, four, five, six days in the future, which also affects this process. So that was part of what we talked about, was trying to bring certainty to when the ballot has to be in because we can’t rely upon the postmarks anymore either.”

Del. Mike Pushkin, D-Kanawha, said postmarks were not the only issue. He pointed to certificates of announcement for candidates that were due over a week ago, but many have been delayed in the mail.

“That is beyond people’s control. We shouldn’t punish people who are sick or disabled, who did their part,” he said. “They got it postmarked in time, and because of something beyond their control, the mail ran slow, and now you’re saying you’re going to take away their right to vote because the mailman was late.”

Each amendment was rejected, and the House could vote to approve the bill as soon as Tuesday.