                                 CODE OF VIRGINIA

PROVISIONAL BALLOTS; ELECTORAL BOARDS TO MAKE DETERMINATION AS TO VALIDITY (§
24.2-653.01)

A. The electoral board shall meet on the day following the election and
determine whether each person having submitted a provisional vote pursuant to
&#xA7; 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 &#xA7; 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 &#xA7; 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.
			If 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. 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&#8217;s or candidate&#8217;s original signature,
may be photocopied and such photocopy shall be as valid as if the copy had been
signed.
			Notwithstanding the provisions of the Virginia Freedom of Information Act
(&#xA7; 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. 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 &#xA7;
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 &#xA7; 24.2-114 those persons found not properly registered or whose
provisional vote was not counted.
			The provisional vote shall be counted if (i) such person is entitled to vote
in the precinct pursuant to &#xA7; 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&#8217;s information was transmitted by the Department of Motor Vehicles to
the Department of Elections pursuant to &#xA7; 24.2-411.3 prior to the close of
registration pursuant to &#xA7; 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 &#xA7;
24.2-652.
			If 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 &#xA7;
24.2-646.

D. 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 &#xA7; 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 &#xA7; 24.2-406.

E. 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 &#xA7;&#xA7; 24.2-668 and 24.2-669.

HISTORY: 2020, cc. 735, 908, 909, 920, 1064, 1065; 2024, c. 738.