Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: FRIDAY, April 27, 1990 TAG: 9004270992 SECTION: VIRGINIA PAGE: B1 EDITION: NEW RIVER VALLEY SOURCE: MADELYN ROSENBERG NEW RIVER VALLEY BUREAU DATELINE: DUBLIN LENGTH: Medium
He took one set of the necessary papers down to the county courthouse, and he slapped a stamp on an envelope and mailed the other set to the state Board of Elections in Richmond.
The envelope was postmarked Feb. 28 - nine days before the papers needed to be in Richmond. But the envelope didn't actually get into the hands of election officials until March 12 - three days late, said Michael Brown, secretary for the board.
Now Anderson, 52, is having to run a write-in campaign to keep the office he has held for two terms.
"I would've been a regular candidate, but they lost the papers somewhere between here and Richmond," said Anderson, who works as a quality control inspector at Industrial Drives in Radford. "That disqualified me."
Brown said he's not sure where the papers were. "I can't speak for the U.S. Postal Service," he said.
Two years ago, the mail delay wouldn't have been a problem. But the General Assembly passed a law saying, in effect, that postmarks didn't count - the mail had to be in the hands of the election board by the proper date, Brown said.
"We have no recourse here. We have to go by the code."
But the code is changing again - soon. After July 1, the board again will be allowed to accept late materials from candidates who file on time, Brown said. The material just has to have a postmark and the candidate a receipt for the registered or certified mailing.
Anderson said he did not send his papers through registered or certified mail. "I should have," he said. "Who knows what happens in the post office?"
Brown said that if a repeat of the case occurs after July 1, he probably would have to ask for an attorney general's opinion on the requirement that the letter be certified or registered.
The General Assembly voted to change the law during the last legislative session in response to problems last year when several candidates filed on time but had their papers either misplaced or lost in the mail, said Del. Joan Munford, D-Blacksburg.
"The bill was passed 95-0 in the House. It had almost total support," she said.
"Unfortunately, he [Anderson] got caught in between the current law and the new one," Brown said. "We advised him that he could run as a write-in candidate, and I understand he's under the process of doing a write-in campaign."
So far, Anderson said, it's been a lot of work.
"I've started my campaign and I'll be in line the day of voting," he said. "But write-in candidates aren't listed right next to the rest of them on the ballot. People will have to be on their toes."
by CNB