Elections; counting absentee ballots of deceased voters. (HB1568)

Introduced By

Del. Bill Cleaveland (R-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Elections; absentee ballots; deceased voter.  Provides that an absentee ballot cast by a voter found to be entitled to vote when he cast the ballot will be counted although the voter died between the time he cast the ballot and the time that the absentee ballots are counted on election day. Read the Bill »


Bill Has Passed


01/05/2011Prefiled and ordered printed; offered 01/12/11 11101226D
01/05/2011Referred to Committee on Privileges and Elections
01/13/2011Impact statement from (HB1568)
01/13/2011Impact statement from DPB (HB1568)
01/13/2011Assigned P & E sub: #2 Elections
01/25/2011Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
01/28/2011Reported from Privileges and Elections with amendments (19-Y 2-N) (see vote tally)
01/31/2011Read first time
02/01/2011Passed by for the day
02/02/2011Read second time
02/02/2011Committee amendments agreed to
02/02/2011Engrossed by House as amended HB1568E
02/02/2011Printed as engrossed 11101226D-E
02/03/2011Impact statement from DPB (HB1568E)
02/03/2011Read third time and passed House (92-Y 6-N)
02/03/2011VOTE: PASSAGE (92-Y 6-N) (see vote tally)
02/04/2011Constitutional reading dispensed
02/04/2011Referred to Committee on Privileges and Elections
02/15/2011Reported from Privileges and Elections (15-Y 0-N) (see vote tally)
02/17/2011Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/18/2011Read third time
02/18/2011Passed Senate (40-Y 0-N) (see vote tally)
02/25/2011Bill text as passed House and Senate (HB1568ER)
02/25/2011Impact statement from DPB (HB1568ER)
02/25/2011Signed by Speaker
02/25/2011Signed by President
03/26/2011G Approved by Governor-Chapter 654 (effective 7/1/11)
03/26/2011G Acts of Assembly Chapter text (CHAP0654)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 2 minutes.


Rick Sincere writes:

Under current law (based on an Attorney General's opinion from 1959 and affirmed by the current Attorney General last year), voters who cast an absentee ballot on paper and mail it in and who subsequently die between casting their votes and Election Day must have their ballots removed so they are not counted.

Yet voters who vote absentee on a machine (DRE) and subsequently die before Election Day have their votes counted, because it is not possible to find their ballots and discount them.

This is an inequity that should be ended. It is a simple case of equal treatment under the law that has not been respected.

To be fair, the AG's 1959 opinion did not foresee the use of electronic voting machines for absentee ballots. That is why the law must be updated.