CHARLESTON — A bill introduced in the House of Delegates would tighten the deadline for counting absentee ballots mailed to county clerks.
House Bill 4600, sponsored by Del. Rick Hillenbrand (R-Hampshire, 88), amends state law governing absentee voting to require that mailed absentee ballots be received by 8 p.m. on Election Day in order to be counted. The bill was introduced and referred to the House Judiciary Committee.
Current law allows some mailed absentee ballots to be counted if they arrive after Election Day, provided they are postmarked by Election Day and received before the county board of canvassers begins its work. House Bill 4600 adds language specifying that the return envelope must be received by 8 p.m. on the day of the election before the ballot may be counted.
The proposed change applies broadly to absentee ballots returned by mail or express shipping services, including those from uniformed service members and overseas voters, who under existing law may have additional time for their ballots to arrive.
The remainder of the statute governing absentee voting (including eligibility, application deadlines, ballot transmission, electronic voting options for certain voters, and ballot handling procedures) remains unchanged under the bill.
Supporters of similar measures in other states have argued that requiring ballots to be received by the close of polls on Election Day provides clarity in election results. Opponents have raised concerns that mail delays, particularly for overseas and military voters, could result in otherwise valid ballots not being counted.
House Bill 4600 is scheduled to be heard February 3, 2026 in House Judiciary.
