Virginia Attorney General Bob McDonnell ruled Monday that federal absentee ballots from overseas military voters lacking the printed name and address of a witness must be counted.
McDonnell’s opinion affirms that federal law preempts state law, clarifying the state and federal statutes regarding the issue.
The confusion centered over whether a state law requiring a witness’ printed name and address controls federal absentee ballots or the federal law governs the issue.
Approximately 100 federal write-in absentee ballots had been set aside in Fairfax County pending a legal conclusion of the matter.
Federal write-in absentee ballots are the most commonly used by members of the military who are stationed overseas and have not received a state absentee ballot.
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