{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-653.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-653.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-653.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-653.01.html"}],"law_id":56440,"edition_id":1,"section_id":56440,"structure_id":13023,"section_number":"24.2-653.01","catch_line":"Provisional ballots; electoral boards to make determination as to validity","history":"2020, cc. 735, 908, 909, 920, 1064, 1065; 2024, c. 738.","full_text":"A\n\nThe electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to § 24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3, the electoral board shall determine of which district the person is a qualified voter. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.\n\t\t\tIf the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed 10 calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.B\n\nThe electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman’s or candidate’s original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.\n\t\t\tNotwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.C\n\nIf the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643, or the signed statement that the voter is the named registered voter he claims to be, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to § 24.2-114 those persons found not properly registered or whose provisional vote was not counted.\n\t\t\tThe provisional vote shall be counted if (i) such person is entitled to vote in the precinct pursuant to § 24.2-401 or (ii) the Department of Elections or the voter presents proof that indicates the voter submitted an application for registration to a state-designated voter registration agency or the voter’s information was transmitted by the Department of Motor Vehicles to the Department of Elections pursuant to § 24.2-411.3 prior to the close of registration pursuant to § 24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of § 24.2-652.\n\t\t\tIf the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in § 24.2-646.D\n\nOn completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to § 24.2-406.E\n\nThe certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.","order_by":null,"text":{"0":{"id":206633,"text":"The electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to § 24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3, the electoral board shall determine of which district the person is a qualified voter. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.\n\t\t\tIf the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed 10 calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206634,"text":"The electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman’s or candidate’s original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.\n\t\t\tNotwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206635,"text":"If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643, or the signed statement that the voter is the named registered voter he claims to be, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to § 24.2-114 those persons found not properly registered or whose provisional vote was not counted.\n\t\t\tThe provisional vote shall be counted if (i) such person is entitled to vote in the precinct pursuant to § 24.2-401 or (ii) the Department of Elections or the voter presents proof that indicates the voter submitted an application for registration to a state-designated voter registration agency or the voter’s information was transmitted by the Department of Motor Vehicles to the Department of Elections pursuant to § 24.2-411.3 prior to the close of registration pursuant to § 24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of § 24.2-652.\n\t\t\tIf the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in § 24.2-646.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206636,"text":"On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to § 24.2-406.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206637,"text":"The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13023,"edition_id":1,"name":"Conduct of Election; Election Results","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13022,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":188623,"object_type":"structure","relational_id":13023,"identifier":"4","token":"24.2\/6\/4","url":"\/24.2\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13022,"edition_id":1,"name":"The Election","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":188395,"object_type":"structure","relational_id":13022,"identifier":"6","token":"24.2\/6","url":"\/24.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59861,"structure_id":13023,"section_number":"24.2-643","catch_line":"Qualified voter permitted to vote; procedures at polling place; voter identification","url":"\/24.2-643\/","token":"24.2\/6\/4\/24.2-643","metadata":false},{"id":56984,"structure_id":13023,"section_number":"24.2-644","catch_line":"Voting by paper ballot; voting for presidential electors; write-in votes","url":"\/24.2-644\/","token":"24.2\/6\/4\/24.2-644","metadata":false},{"id":70245,"structure_id":13023,"section_number":"24.2-645","catch_line":"Defaced printed ballots","url":"\/24.2-645\/","token":"24.2\/6\/4\/24.2-645","metadata":false},{"id":62642,"structure_id":13023,"section_number":"24.2-646","catch_line":"Voter folds paper ballot and hands same to officer who deposits it unopened in ballot container","url":"\/24.2-646\/","token":"24.2\/6\/4\/24.2-646","metadata":false},{"id":74662,"structure_id":13023,"section_number":"24.2-646.1","catch_line":"Permitted use of paper ballots","url":"\/24.2-646.1\/","token":"24.2\/6\/4\/24.2-646.1","metadata":false},{"id":61641,"structure_id":13023,"section_number":"24.2-647","catch_line":"Voting systems; demonstration on election day","url":"\/24.2-647\/","token":"24.2\/6\/4\/24.2-647","metadata":false},{"id":81756,"structure_id":13023,"section_number":"24.2-648","catch_line":"Write-in votes on voting equipment","url":"\/24.2-648\/","token":"24.2\/6\/4\/24.2-648","metadata":false},{"id":77348,"structure_id":13023,"section_number":"24.2-649","catch_line":"Assistance for certain voters inside the polling place; penalties","url":"\/24.2-649\/","token":"24.2\/6\/4\/24.2-649","metadata":false},{"id":54944,"structure_id":13023,"section_number":"24.2-649.1","catch_line":"Assistance for certain voters outside of the polling place","url":"\/24.2-649.1\/","token":"24.2\/6\/4\/24.2-649.1","metadata":false},{"id":77674,"structure_id":13023,"section_number":"24.2-650","catch_line":"Officers to sign only official papers, etc","url":"\/24.2-650\/","token":"24.2\/6\/4\/24.2-650","metadata":false},{"id":85350,"structure_id":13023,"section_number":"24.2-651","catch_line":"Voter who is challenged; how challenge tried","url":"\/24.2-651\/","token":"24.2\/6\/4\/24.2-651","metadata":false},{"id":77395,"structure_id":13023,"section_number":"24.2-651.1","catch_line":"Voter who is shown as having already voted; provisional ballots","url":"\/24.2-651.1\/","token":"24.2\/6\/4\/24.2-651.1","metadata":false},{"id":71158,"structure_id":13023,"section_number":"24.2-652","catch_line":"Voter whose name erroneously omitted from pollbook; provisional ballots","url":"\/24.2-652\/","token":"24.2\/6\/4\/24.2-652","metadata":false},{"id":78491,"structure_id":13023,"section_number":"24.2-653","catch_line":"Provisional voting; procedures in polling place","url":"\/24.2-653\/","token":"24.2\/6\/4\/24.2-653","metadata":false},{"id":56440,"structure_id":13023,"section_number":"24.2-653.01","catch_line":"Provisional ballots; electoral boards to make determination as to validity","url":"\/24.2-653.01\/","token":"24.2\/6\/4\/24.2-653.01","metadata":false},{"id":67417,"structure_id":13023,"section_number":"24.2-653.1","catch_line":"Voters who did not receive absentee ballots; provisional ballots","url":"\/24.2-653.1\/","token":"24.2\/6\/4\/24.2-653.1","metadata":false},{"id":82099,"structure_id":13023,"section_number":"24.2-653.2","catch_line":"Ballots cast after normal close of polling hours due to court-ordered extension; provisional ballots","url":"\/24.2-653.2\/","token":"24.2\/6\/4\/24.2-653.2","metadata":false},{"id":86411,"structure_id":13023,"section_number":"24.2-653.3","catch_line":"Voters assigned to split precinct; provisional ballots","url":"\/24.2-653.3\/","token":"24.2\/6\/4\/24.2-653.3","metadata":false},{"id":68454,"structure_id":13023,"section_number":"24.2-654","catch_line":"Officers to lock and seal voting equipment and ascertain vote after polls closed; statement of results","url":"\/24.2-654\/","token":"24.2\/6\/4\/24.2-654","metadata":false},{"id":67381,"structure_id":13023,"section_number":"24.2-655","catch_line":"Representatives of political parties and candidates to be present on request","url":"\/24.2-655\/","token":"24.2\/6\/4\/24.2-655","metadata":false},{"id":63563,"structure_id":13023,"section_number":"24.2-656","catch_line":"Repealed","url":"\/24.2-656\/","token":"24.2\/6\/4\/24.2-656","metadata":false},{"id":85065,"structure_id":13023,"section_number":"24.2-657","catch_line":"Determination of vote on voting systems","url":"\/24.2-657\/","token":"24.2\/6\/4\/24.2-657","metadata":false},{"id":77139,"structure_id":13023,"section_number":"24.2-658","catch_line":"Machines with printed return sheets; disposition of sheets","url":"\/24.2-658\/","token":"24.2\/6\/4\/24.2-658","metadata":false},{"id":66445,"structure_id":13023,"section_number":"24.2-659","catch_line":"Locking voting systems after election and delivering keys to clerk; printed returns as evidence","url":"\/24.2-659\/","token":"24.2\/6\/4\/24.2-659","metadata":false},{"id":71990,"structure_id":13023,"section_number":"24.2-660","catch_line":"Repealed","url":"\/24.2-660\/","token":"24.2\/6\/4\/24.2-660","metadata":false},{"id":78732,"structure_id":13023,"section_number":"24.2-661","catch_line":"Detection and setting aside of double ballots","url":"\/24.2-661\/","token":"24.2\/6\/4\/24.2-661","metadata":false},{"id":64866,"structure_id":13023,"section_number":"24.2-662","catch_line":"Procedure when paper ballots exceed names on pollbooks","url":"\/24.2-662\/","token":"24.2\/6\/4\/24.2-662","metadata":false},{"id":74030,"structure_id":13023,"section_number":"24.2-663","catch_line":"When ballot void","url":"\/24.2-663\/","token":"24.2\/6\/4\/24.2-663","metadata":false},{"id":83169,"structure_id":13023,"section_number":"24.2-664","catch_line":"Reduction in number of ballots","url":"\/24.2-664\/","token":"24.2\/6\/4\/24.2-664","metadata":false},{"id":65211,"structure_id":13023,"section_number":"24.2-665","catch_line":"How paper ballots counted","url":"\/24.2-665\/","token":"24.2\/6\/4\/24.2-665","metadata":false},{"id":87396,"structure_id":13023,"section_number":"24.2-666","catch_line":"Procedures to account for paper ballots","url":"\/24.2-666\/","token":"24.2\/6\/4\/24.2-666","metadata":false},{"id":82269,"structure_id":13023,"section_number":"24.2-667","catch_line":"Completion of statement of results","url":"\/24.2-667\/","token":"24.2\/6\/4\/24.2-667","metadata":false},{"id":73171,"structure_id":13023,"section_number":"24.2-667.1","catch_line":"Reporting of results; absentee and provisional votes","url":"\/24.2-667.1\/","token":"24.2\/6\/4\/24.2-667.1","metadata":false},{"id":64679,"structure_id":13023,"section_number":"24.2-668","catch_line":"Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar","url":"\/24.2-668\/","token":"24.2\/6\/4\/24.2-668","metadata":false},{"id":54119,"structure_id":13023,"section_number":"24.2-669","catch_line":"Clerk to keep ballots; inspection; destruction","url":"\/24.2-669\/","token":"24.2\/6\/4\/24.2-669","metadata":false},{"id":56072,"structure_id":13023,"section_number":"24.2-670","catch_line":"Clerk to send for books and ballots if not delivered by officers","url":"\/24.2-670\/","token":"24.2\/6\/4\/24.2-670","metadata":false},{"id":63223,"structure_id":13023,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","url":"\/24.2-671\/","token":"24.2\/6\/4\/24.2-671","metadata":false},{"id":60484,"structure_id":13023,"section_number":"24.2-671.1","catch_line":"Repealed","url":"\/24.2-671.1\/","token":"24.2\/6\/4\/24.2-671.1","metadata":false},{"id":70965,"structure_id":13023,"section_number":"24.2-671.2","catch_line":"Risk-limiting audits","url":"\/24.2-671.2\/","token":"24.2\/6\/4\/24.2-671.2","metadata":false},{"id":76981,"structure_id":13023,"section_number":"24.2-672","catch_line":"Electoral board to correct irregularities in returns of officers of election","url":"\/24.2-672\/","token":"24.2\/6\/4\/24.2-672","metadata":false},{"id":65316,"structure_id":13023,"section_number":"24.2-673","catch_line":"Candidates having highest number of votes to receive certificate of election","url":"\/24.2-673\/","token":"24.2\/6\/4\/24.2-673","metadata":false},{"id":86287,"structure_id":13023,"section_number":"24.2-673.1","catch_line":"(Expires July 1, 2031) Ranked choice voting","url":"\/24.2-673.1\/","token":"24.2\/6\/4\/24.2-673.1","metadata":false},{"id":80865,"structure_id":13023,"section_number":"24.2-674","catch_line":"Determination by lot in case of tie","url":"\/24.2-674\/","token":"24.2\/6\/4\/24.2-674","metadata":false},{"id":54091,"structure_id":13023,"section_number":"24.2-675","catch_line":"Abstracts of votes to be made by secretary and forwarded to State Board and to clerks","url":"\/24.2-675\/","token":"24.2\/6\/4\/24.2-675","metadata":false},{"id":57620,"structure_id":13023,"section_number":"24.2-676","catch_line":"Secretary to make out and deliver certificate of election","url":"\/24.2-676\/","token":"24.2\/6\/4\/24.2-676","metadata":false},{"id":56641,"structure_id":13023,"section_number":"24.2-677","catch_line":"State Board to open and record returns; application of Freedom of Information Act","url":"\/24.2-677\/","token":"24.2\/6\/4\/24.2-677","metadata":false},{"id":56927,"structure_id":13023,"section_number":"24.2-678","catch_line":"Law-enforcement officer to be sent for abstracts not forwarded","url":"\/24.2-678\/","token":"24.2\/6\/4\/24.2-678","metadata":false},{"id":81617,"structure_id":13023,"section_number":"24.2-679","catch_line":"State Board to meet and make statement as to number of votes","url":"\/24.2-679\/","token":"24.2\/6\/4\/24.2-679","metadata":false},{"id":71192,"structure_id":13023,"section_number":"24.2-680","catch_line":"Certificates of election","url":"\/24.2-680\/","token":"24.2\/6\/4\/24.2-680","metadata":false}],"previous_section":{"id":78491,"structure_id":13023,"section_number":"24.2-653","catch_line":"Provisional voting; procedures in polling place","url":"\/24.2-653\/","token":"24.2\/6\/4\/24.2-653","metadata":false},"next_section":{"id":67417,"structure_id":13023,"section_number":"24.2-653.1","catch_line":"Voters who did not receive absentee ballots; provisional ballots","url":"\/24.2-653.1\/","token":"24.2\/6\/4\/24.2-653.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-653.01\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 735<\/a>, 908<\/a>, 909<\/a>, 920<\/a>, 1064<\/a>, and 1065<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 738<\/a>.<\/p>","references":[{"id":67417,"section_number":"24.2-653.1","catch_line":"Voters who did not receive absentee ballots; provisional ballots","order_by":null,"url":"\/24.2-653.1\/"},{"id":82099,"section_number":"24.2-653.2","catch_line":"Ballots cast after normal close of polling hours due to court-ordered extension; provisional ballots","order_by":null,"url":"\/24.2-653.2\/"},{"id":86411,"section_number":"24.2-653.3","catch_line":"Voters assigned to split precinct; provisional ballots","order_by":null,"url":"\/24.2-653.3\/"},{"id":60154,"section_number":"24.2-701","catch_line":"Application for absentee ballot","order_by":null,"url":"\/24.2-701\/"},{"id":85860,"section_number":"24.2-701.1","catch_line":"Absentee voting in person","order_by":null,"url":"\/24.2-701.1\/"},{"id":60228,"section_number":"24.2-706","catch_line":"Duty of general registrar on receipt of application; statement of voter","order_by":null,"url":"\/24.2-706\/"},{"id":84940,"section_number":"24.2-711","catch_line":"Duties of electoral board, general registrar, and officers of election","order_by":null,"url":"\/24.2-711\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":68918,"section_number":"24.2-114","catch_line":"Duties and powers of general registrar","order_by":null,"url":"\/24.2-114\/"},{"id":64864,"section_number":"24.2-401","catch_line":"Persons moving from precinct","order_by":null,"url":"\/24.2-401\/"},{"id":65899,"section_number":"24.2-411.3","catch_line":"Registration of Department of Motor Vehicles customers","order_by":null,"url":"\/24.2-411.3\/"},{"id":72189,"section_number":"24.2-416","catch_line":"Closing registration records before elections","order_by":null,"url":"\/24.2-416\/"},{"id":59861,"section_number":"24.2-643","catch_line":"Qualified voter permitted to vote; procedures at polling place; voter identification","order_by":null,"url":"\/24.2-643\/"},{"id":71158,"section_number":"24.2-652","catch_line":"Voter whose name erroneously omitted from pollbook; provisional ballots","order_by":null,"url":"\/24.2-652\/"},{"id":78491,"section_number":"24.2-653","catch_line":"Provisional voting; procedures in polling place","order_by":null,"url":"\/24.2-653\/"},{"id":86411,"section_number":"24.2-653.3","catch_line":"Voters assigned to split precinct; provisional ballots","order_by":null,"url":"\/24.2-653.3\/"},{"id":64679,"section_number":"24.2-668","catch_line":"Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar","order_by":null,"url":"\/24.2-668\/"},{"id":54119,"section_number":"24.2-669","catch_line":"Clerk to keep ballots; inspection; destruction","order_by":null,"url":"\/24.2-669\/"},{"id":63223,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","order_by":null,"url":"\/24.2-671\/"}],"permalink":{"id":188681,"object_type":"law","relational_id":56440,"identifier":"24.2-653.01","token":"24.2\/6\/4\/24.2-653.01","url":"\/24.2-653.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-653.01\/","token":"24.2\/6\/4\/24.2-653.01","dublin_core":{"Title":"Provisional ballots; electoral boards to make determination as to validity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-653.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The electoral board<\/span> shall meet on the day following the election<\/span> and determine whether each person having submitted a provisional vote pursuant to § 24.2-653<\/a> was entitled to do so as a qualified voter<\/span> in the precinct<\/span> in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3<\/a>, the electoral board<\/span> shall determine of which district the person is a qualified voter<\/span>. At the meeting, the voter may request an extension of the determination of the provisional vote in order<\/span> to provide information to prove that the voter is entitled to vote in the precinct<\/span> pursuant to § 24.2-401<\/a>. The electoral board<\/span> shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.\n\t\t\tIf the board is unable to determine the validity of all the provisional ballots offered in the election<\/span>, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed 10 calendar days from the date of the election<\/span>, until the board has determined the validity of all provisional ballots offered in the election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The electoral board<\/span> shall permit one authorized representative of each political party<\/span> or independent candidate<\/span> in a general or special election<\/span> or one authorized representative of each candidate<\/span> in a primary election<\/span> to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter<\/span> of any jurisdiction<\/span> of the Commonwealth. Each representative, who is not himself a candidate<\/span> or party chairman, shall present to the electoral board<\/span> a written statement designating him to be a representative of the party or candidate<\/span> and signed by the county or city chairman of his political party<\/span>, the independent candidate<\/span>, or the primary candidate<\/span>, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party<\/span>. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman’s or candidate<\/span>’s original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.\n\t\t\tNotwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), attendance at meetings of the electoral board<\/span> to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel<\/span>, and for appropriate staff and legal counsel<\/span> for the electoral board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the electoral board<\/span> determines that such person was not entitled to vote as a qualified voter<\/span> in the precinct<\/span> or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643<\/a>, or the signed statement that the voter is the named registered voter<\/span> he claims to be, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar<\/span> shall notify in writing pursuant to § 24.2-114<\/a> those persons found not properly registered or whose provisional vote was not counted.\n\t\t\tThe provisional vote shall be counted if (i) such person is entitled to vote in the precinct<\/span> pursuant to § 24.2-401<\/a> or (ii) the Department of Elections<\/span> or the voter presents proof that indicates the voter submitted an application for registration to a state-designated voter registration agency or the voter’s information was transmitted by the Department of Motor Vehicles to the Department of Elections<\/span> pursuant to § 24.2-411.3<\/a> prior to the close of registration pursuant to § 24.2-416<\/a> and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of § 24.2-652<\/a>.\n\t\t\tIf the electoral board<\/span> determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in § 24.2-646<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> On completion of its determination, the electoral board<\/span> shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671<\/a>. No adjustment shall be made to the statement of results for the precinct<\/span> in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board<\/span> to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections<\/span> pursuant to § 24.2-406<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material<\/span> shall be delivered by the electoral board<\/span> to the clerk of the circuit<\/span> court<\/span> and retained by him as provided for in §§ 24.2-668<\/a> and 24.2-669<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISIONAL BALLOTS; ELECTORAL BOARDS TO MAKE DETERMINATION AS TO VALIDITY (\u00a7\n24.2-653.01)\n\nA. The electoral board shall meet on the day following the election and\ndetermine whether each person having submitted a provisional vote pursuant to\n§ 24.2-653 was entitled to do so as a qualified voter in the precinct in\nwhich he offered the provisional vote. In the case of persons voting\nprovisionally pursuant to § 24.2-653.3, the electoral board shall determine\nof which district the person is a qualified voter. At the meeting, the voter may\nrequest an extension of the determination of the provisional vote in order to\nprovide information to prove that the voter is entitled to vote in the precinct\npursuant to § 24.2-401. The electoral board shall have the authority to\ngrant such extensions that it deems reasonable to determine the status of a\nprovisional vote.\n\t\t\tIf the board is unable to determine the validity of all the provisional\nballots offered in the election, or has granted any voter who has offered a\nprovisional ballot an extension, the meeting shall stand adjourned, not to\nexceed 10 calendar days from the date of the election, until the board has\ndetermined the validity of all provisional ballots offered in the election.\n\nB. The electoral board shall permit one authorized representative of each\npolitical party or independent candidate in a general or special election or one\nauthorized representative of each candidate in a primary election to remain in\nthe room in which the determination is being made as an observer so long as he\ndoes not participate in the proceedings and does not impede the orderly conduct\nof the determination. Each authorized representative shall be a qualified voter\nof any jurisdiction of the Commonwealth. Each representative, who is not himself\na candidate or party chairman, shall present to the electoral board a written\nstatement designating him to be a representative of the party or candidate and\nsigned by the county or city chairman of his political party, the independent\ncandidate, or the primary candidate, as appropriate. If the county or city\nchairman is unavailable to sign such a written designation, such a designation\nmay be made by the state or district chairman of the political party. However,\nno written designation made by a state or district chairman shall take\nprecedence over a written designation made by the county or city chairman. Such\nstatement, bearing the chairman’s or candidate’s original signature,\nmay be photocopied and such photocopy shall be as valid as if the copy had been\nsigned.\n\t\t\tNotwithstanding the provisions of the Virginia Freedom of Information Act\n(§ 2.2-3700 et seq.), attendance at meetings of the electoral board to\ndetermine the validity of provisional ballots shall be permitted only for the\nauthorized representatives provided for in this subsection, for the persons\nwhose provisional votes are being considered and their representative or legal\ncounsel, and for appropriate staff and legal counsel for the electoral board.\n\nC. If the electoral board determines that such person was not entitled to vote\nas a qualified voter in the precinct or district in which he offered the\nprovisional vote, is unable to determine his right to vote, or has not been\nprovided one of the forms of identification specified in subsection B of §\n24.2-643, or the signed statement that the voter is the named registered voter\nhe claims to be, the envelope containing his ballot shall not be opened and his\nvote shall not be counted. The general registrar shall notify in writing\npursuant to § 24.2-114 those persons found not properly registered or whose\nprovisional vote was not counted.\n\t\t\tThe provisional vote shall be counted if (i) such person is entitled to vote\nin the precinct pursuant to § 24.2-401 or (ii) the Department of Elections\nor the voter presents proof that indicates the voter submitted an application\nfor registration to a state-designated voter registration agency or the\nvoter’s information was transmitted by the Department of Motor Vehicles to\nthe Department of Elections pursuant to § 24.2-411.3 prior to the close of\nregistration pursuant to § 24.2-416 and the registrar determines that the\nperson was qualified for registration based upon the application for\nregistration submitted by the person pursuant to subsection B of §\n24.2-652.\n\t\t\tIf the electoral board determines that such person was entitled to vote, the\nname of the voter shall be entered in a provisional votes pollbook and marked as\nhaving voted, the envelope shall be opened, and the ballot shall be placed in a\nballot container without any inspection further than that provided for in §\n24.2-646.\n\nD. On completion of its determination, the electoral board shall proceed to\ncount such ballots and certify the results of its count. Its certified results\nshall be added to those found pursuant to § 24.2-671. No adjustment shall\nbe made to the statement of results for the precinct in which the person offered\nto vote. However, any voter who cast a provisional ballot and is determined by\nthe electoral board to have been entitled to vote shall have his name included\non the list of persons who voted that is submitted to the Department of\nElections pursuant to § 24.2-406.\n\nE. The certification of the results of the count together with all ballots and\nenvelopes, whether open or unopened, and other related material shall be\ndelivered by the electoral board to the clerk of the circuit court and retained\nby him as provided for in §§ 24.2-668 and 24.2-669.\n\nHISTORY: 2020, cc. 735, 908, 909, 920, 1064, 1065; 2024, c. 738.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}