Virginia judge rules that ballots without postmark that arrive after Election Day should not count

A Virginia judge on Wednesday issued an order that the state may not count absentee ballots that arrive subsequent to Election Day and are missing a postmark.

"These absentee ballots will not be counted if it cannot be confirmed from the Intelligent Mail barcode that the ballot was mailed on or before the date of the relevant election," Judge William W. Eldridge IV wrote.

The judge also said that ballots with illegible postmarks should count provided that the oath on the envelope has been signed either on or prior to the date of the election.

The ruling came in a case regarding the Virginia Department of Elections' guidance to allow the counting of mailed absentee ballots that are missing a postmark and ballots that have an illegible postmark when they arrive following Election Day but prior to noon that Friday.

The complaint alleged that the move represented a conflict with a Virginia Code that allows for counting ballots that are postmarked on the election date or sooner and are received after polls close Election Day but prior to 12 p.m. on the third day following the election.