As noted earlier, on October 16, a U.S. District Court ordered Virginia to count approximately 2,000 foreign absentee votes from the November 2008 election. The Board had not previously considered them valid votes, since they arrived in the mail too late, under state law. The Board will meet on October 21 to decide whether to appeal the ruling. If the Board decides not to appeal the ruling, the votes will probably be counted in the next few weeks. If they are counted, the presidential vote totals from November 2008 will surely increase for all the six candidates who were on the Virginia ballot. They were Barack Obama, John McCain, Ralph Nader, Bob Barr, Chuck Baldwin, and Cynthia McKinney.

The Board will meet in public in the State Capitol, House Hearing Room One, at 10 a.m. However, the Board may go into executive session during the meeting.