§ 24.2-653. Voter whose name does not appear on pollbook; handling ofprovisional ballots; ballots cast after normal close of polls due to courtorder extending polling hours.
A. When a person offers to vote pursuant to § 24.2-652 and the generalregistrar is not available or cannot state that the person is registered tovote, then such person shall be allowed to vote by paper ballot in the mannerprovided in this section.
Such person shall be given a paper ballot and provide, subject to thepenalties for making false statements pursuant to § 24.2-1016, on a greenenvelope supplied by the State Board, the identifying information required in§ 24.2-652. Such person shall be asked to present one of the forms ofidentification specified in subsection B of § 24.2-643. If he is unable topresent one of these forms of identification, he shall sign a statement,subject to felony penalties for false statements pursuant to § 24.2-1016,that he is the named registered voter who he claims to be, and the officersof election shall note on the green envelope that the required statement wassigned in lieu of presenting one of the specified forms of identification.The officers of election shall enter the appropriate information for theperson in the precinct provisional ballots log in accordance with theinstructions of the State Board but shall not enter a consecutive number forthe voter on the pollbook nor otherwise mark his name as having voted. Theofficers of election shall provide an application for registration to theperson offering to vote in the manner provided in this section.
The voter shall then, in the presence of an officer of election, but in asecret manner, mark the ballot as provided in § 24.2-644 and seal it in thegreen envelope. The envelope containing the ballot shall then be placed inthe ballot container by an officer of election.
An officer of election, by a written notice given to the voter, shall informhim that a determination of his right to vote shall be made by the electoralboard on the following day and advise the voter of the beginning time andplace for the board's meeting and of the voter's right to be present at thatmeeting. At the meeting, the voter may request an extension of thedetermination of the provisional vote to the following day in order toprovide information to prove that the voter is entitled to vote in theprecinct pursuant to § 24.2-401. The electoral board shall have the authorityto grant such extensions which it deems reasonable to determine the status ofa provisional vote.
B. The provisional votes submitted pursuant to subsection A, in theirunopened envelopes, shall be sealed in a special envelope marked"Provisional Votes," inscribed with the number of envelopes containedtherein, and signed by the officers of election who counted them. Allprovisional votes envelopes shall be delivered either (i) to the clerk of thecircuit court who shall deliver all such envelopes to the secretary of theelectoral board or (ii) to the general registrar in localities in which theelectoral board has directed delivery of election materials to the generalregistrar pursuant to § 24.2-668.
The electoral board shall meet on the day following the election anddetermine whether each person having submitted such a provisional vote wasentitled to do so as a qualified voter in the precinct in which he offeredthe provisional vote. If the board is unable to determine the validity of allthe provisional ballots offered in the election, or has granted any voter whohas offered a provisional ballot an extension to the following day asprovided in subsection A, the meeting shall stand adjourned from day to day,not to exceed seven calendar days from the date of the election, until theboard has determined the validity of all provisional ballots offered in theelection.
One authorized representative of each political party or independentcandidate in a general or special election or one authorized representativeof each candidate in a primary election shall be permitted to remain in theroom in which the determination is being made so long as he does not impedethe orderly conduct of the determination. Each authorized representativeshall be a qualified voter of any jurisdiction of the Commonwealth. Eachrepresentative, who is not himself a candidate or party chairman, shallpresent to the electoral board a written statement designating him to be arepresentative of the party or candidate and signed by the county or citychairman of his political party, the independent candidate, or the primarycandidate, as appropriate. Such statement, bearing the chairman's orcandidate's original signature, may be photocopied and such photocopy shallbe as valid as if the copy had been signed.
If the electoral board determines that such person was not entitled to voteas a qualified voter in the precinct in which he offered the provisionalvote, or is unable to determine his right to vote, the envelope containinghis ballot shall not be opened and his vote shall not be counted. Theprovisional vote shall be counted if either (i) such person is entitled tovote in the precinct pursuant to § 24.2-401 or (ii) the State Board or thevoter presents proof that indicates the voter submitted an application forregistration to the Department of Motor Vehicles or other state-designatedvoter registration agency prior to the close of registration pursuant to §24.2-416 and the registrar determines that the person was qualified forregistration based upon the application for registration submitted by theperson pursuant to subsection A. The general registrar shall notify inwriting pursuant to § 24.2-114 those persons found not properly registered.
If the electoral board determines that such person was entitled to vote, thename of the voter shall be entered in a provisional votes pollbook and markedas having voted, the envelope shall be opened, and the ballot placed in aballot container without any inspection further than that provided for in §24.2-646.
On completion of its determination, the electoral board shall proceed tocount such ballots and certify the results of its count. Its certifiedresults shall be added to those found pursuant to § 24.2-671. No adjustmentshall be made to the statement of results for the precinct in which theperson offered to vote.
The certification of the results of the count together with all ballots andenvelopes, whether open or unopened, and other related material shall bedelivered by the electoral board to the clerk of the circuit court andretained by him as provided for in §§ 24.2-668 and 24.2-669.
C. Whenever the polling hours are extended by an order of a court ofcompetent jurisdiction, any ballots marked after the normal polling hours bypersons who were not already in line at the time the polls would have closed,notwithstanding the court order, shall be treated as provisional ballotsunder this section. The officers of election shall mark the green envelopefor each such provisional ballot to indicate that it was cast after normalpolling hours due to the court order, and when preparing the materials todeliver to the registrar or electoral board, shall separate these provisionalballots from any provisional ballots used for any other reason. The electoralboard shall treat these provisional ballots as provided in subsection B ofthis section; however, the counted and uncounted provisional ballots markedafter the normal polling hours shall be kept separate from all other ballotsand recorded in a separate provisional ballots pollbook. The State Board ofElections shall provide instructions to the electoral boards for the handlingand counting of such provisional ballots pursuant to this section.
(1975, c. 515, §§ 24.1-55.1, 24.1-55.2; 1982, c. 650; 1993, c. 641; 1996, c.8; 1997, cc. 438, 456; 2002, c. 24; 2003, cc. 984, 1015; 2004, c. 410; 2005,c. 824; 2007, c. 692; 2008, cc. 110, 559; 2010, c. 448.)
§ 24.2-653. Voter whose name does not appear on pollbook; handling ofprovisional ballots; ballots cast after normal close of polls due to courtorder extending polling hours.
A. When a person offers to vote pursuant to § 24.2-652 and the generalregistrar is not available or cannot state that the person is registered tovote, then such person shall be allowed to vote by paper ballot in the mannerprovided in this section.
Such person shall be given a paper ballot and provide, subject to thepenalties for making false statements pursuant to § 24.2-1016, on a greenenvelope supplied by the State Board, the identifying information required in§ 24.2-652. Such person shall be asked to present one of the forms ofidentification specified in subsection B of § 24.2-643. If he is unable topresent one of these forms of identification, he shall sign a statement,subject to felony penalties for false statements pursuant to § 24.2-1016,that he is the named registered voter who he claims to be, and the officersof election shall note on the green envelope that the required statement wassigned in lieu of presenting one of the specified forms of identification.The officers of election shall enter the appropriate information for theperson in the precinct provisional ballots log in accordance with theinstructions of the State Board but shall not enter a consecutive number forthe voter on the pollbook nor otherwise mark his name as having voted. Theofficers of election shall provide an application for registration to theperson offering to vote in the manner provided in this section.
The voter shall then, in the presence of an officer of election, but in asecret manner, mark the ballot as provided in § 24.2-644 and seal it in thegreen envelope. The envelope containing the ballot shall then be placed inthe ballot container by an officer of election.
An officer of election, by a written notice given to the voter, shall informhim that a determination of his right to vote shall be made by the electoralboard on the following day and advise the voter of the beginning time andplace for the board's meeting and of the voter's right to be present at thatmeeting. At the meeting, the voter may request an extension of thedetermination of the provisional vote to the following day in order toprovide information to prove that the voter is entitled to vote in theprecinct pursuant to § 24.2-401. The electoral board shall have the authorityto grant such extensions which it deems reasonable to determine the status ofa provisional vote.
B. The provisional votes submitted pursuant to subsection A, in theirunopened envelopes, shall be sealed in a special envelope marked"Provisional Votes," inscribed with the number of envelopes containedtherein, and signed by the officers of election who counted them. Allprovisional votes envelopes shall be delivered either (i) to the clerk of thecircuit court who shall deliver all such envelopes to the secretary of theelectoral board or (ii) to the general registrar in localities in which theelectoral board has directed delivery of election materials to the generalregistrar pursuant to § 24.2-668.
The electoral board shall meet on the day following the election anddetermine whether each person having submitted such a provisional vote wasentitled to do so as a qualified voter in the precinct in which he offeredthe provisional vote. If the board is unable to determine the validity of allthe provisional ballots offered in the election, or has granted any voter whohas offered a provisional ballot an extension to the following day asprovided in subsection A, the meeting shall stand adjourned from day to day,not to exceed seven calendar days from the date of the election, until theboard has determined the validity of all provisional ballots offered in theelection.
One authorized representative of each political party or independentcandidate in a general or special election or one authorized representativeof each candidate in a primary election shall be permitted to remain in theroom in which the determination is being made so long as he does not impedethe orderly conduct of the determination. Each authorized representativeshall be a qualified voter of any jurisdiction of the Commonwealth. Eachrepresentative, who is not himself a candidate or party chairman, shallpresent to the electoral board a written statement designating him to be arepresentative of the party or candidate and signed by the county or citychairman of his political party, the independent candidate, or the primarycandidate, as appropriate. Such statement, bearing the chairman's orcandidate's original signature, may be photocopied and such photocopy shallbe as valid as if the copy had been signed.
If the electoral board determines that such person was not entitled to voteas a qualified voter in the precinct in which he offered the provisionalvote, or is unable to determine his right to vote, the envelope containinghis ballot shall not be opened and his vote shall not be counted. Theprovisional vote shall be counted if either (i) such person is entitled tovote in the precinct pursuant to § 24.2-401 or (ii) the State Board or thevoter presents proof that indicates the voter submitted an application forregistration to the Department of Motor Vehicles or other state-designatedvoter registration agency prior to the close of registration pursuant to §24.2-416 and the registrar determines that the person was qualified forregistration based upon the application for registration submitted by theperson pursuant to subsection A. The general registrar shall notify inwriting pursuant to § 24.2-114 those persons found not properly registered.
If the electoral board determines that such person was entitled to vote, thename of the voter shall be entered in a provisional votes pollbook and markedas having voted, the envelope shall be opened, and the ballot placed in aballot container without any inspection further than that provided for in §24.2-646.
On completion of its determination, the electoral board shall proceed tocount such ballots and certify the results of its count. Its certifiedresults shall be added to those found pursuant to § 24.2-671. No adjustmentshall be made to the statement of results for the precinct in which theperson offered to vote.
The certification of the results of the count together with all ballots andenvelopes, whether open or unopened, and other related material shall bedelivered by the electoral board to the clerk of the circuit court andretained by him as provided for in §§ 24.2-668 and 24.2-669.
C. Whenever the polling hours are extended by an order of a court ofcompetent jurisdiction, any ballots marked after the normal polling hours bypersons who were not already in line at the time the polls would have closed,notwithstanding the court order, shall be treated as provisional ballotsunder this section. The officers of election shall mark the green envelopefor each such provisional ballot to indicate that it was cast after normalpolling hours due to the court order, and when preparing the materials todeliver to the registrar or electoral board, shall separate these provisionalballots from any provisional ballots used for any other reason. The electoralboard shall treat these provisional ballots as provided in subsection B ofthis section; however, the counted and uncounted provisional ballots markedafter the normal polling hours shall be kept separate from all other ballotsand recorded in a separate provisional ballots pollbook. The State Board ofElections shall provide instructions to the electoral boards for the handlingand counting of such provisional ballots pursuant to this section.
(1975, c. 515, §§ 24.1-55.1, 24.1-55.2; 1982, c. 650; 1993, c. 641; 1996, c.8; 1997, cc. 438, 456; 2002, c. 24; 2003, cc. 984, 1015; 2004, c. 410; 2005,c. 824; 2007, c. 692; 2008, cc. 110, 559; 2010, c. 448.)
§ 24.2-653. Voter whose name does not appear on pollbook; handling ofprovisional ballots; ballots cast after normal close of polls due to courtorder extending polling hours.
A. When a person offers to vote pursuant to § 24.2-652 and the generalregistrar is not available or cannot state that the person is registered tovote, then such person shall be allowed to vote by paper ballot in the mannerprovided in this section.
Such person shall be given a paper ballot and provide, subject to thepenalties for making false statements pursuant to § 24.2-1016, on a greenenvelope supplied by the State Board, the identifying information required in§ 24.2-652. Such person shall be asked to present one of the forms ofidentification specified in subsection B of § 24.2-643. If he is unable topresent one of these forms of identification, he shall sign a statement,subject to felony penalties for false statements pursuant to § 24.2-1016,that he is the named registered voter who he claims to be, and the officersof election shall note on the green envelope that the required statement wassigned in lieu of presenting one of the specified forms of identification.The officers of election shall enter the appropriate information for theperson in the precinct provisional ballots log in accordance with theinstructions of the State Board but shall not enter a consecutive number forthe voter on the pollbook nor otherwise mark his name as having voted. Theofficers of election shall provide an application for registration to theperson offering to vote in the manner provided in this section.
The voter shall then, in the presence of an officer of election, but in asecret manner, mark the ballot as provided in § 24.2-644 and seal it in thegreen envelope. The envelope containing the ballot shall then be placed inthe ballot container by an officer of election.
An officer of election, by a written notice given to the voter, shall informhim that a determination of his right to vote shall be made by the electoralboard on the following day and advise the voter of the beginning time andplace for the board's meeting and of the voter's right to be present at thatmeeting. At the meeting, the voter may request an extension of thedetermination of the provisional vote to the following day in order toprovide information to prove that the voter is entitled to vote in theprecinct pursuant to § 24.2-401. The electoral board shall have the authorityto grant such extensions which it deems reasonable to determine the status ofa provisional vote.
B. The provisional votes submitted pursuant to subsection A, in theirunopened envelopes, shall be sealed in a special envelope marked"Provisional Votes," inscribed with the number of envelopes containedtherein, and signed by the officers of election who counted them. Allprovisional votes envelopes shall be delivered either (i) to the clerk of thecircuit court who shall deliver all such envelopes to the secretary of theelectoral board or (ii) to the general registrar in localities in which theelectoral board has directed delivery of election materials to the generalregistrar pursuant to § 24.2-668.
The electoral board shall meet on the day following the election anddetermine whether each person having submitted such a provisional vote wasentitled to do so as a qualified voter in the precinct in which he offeredthe provisional vote. If the board is unable to determine the validity of allthe provisional ballots offered in the election, or has granted any voter whohas offered a provisional ballot an extension to the following day asprovided in subsection A, the meeting shall stand adjourned from day to day,not to exceed seven calendar days from the date of the election, until theboard has determined the validity of all provisional ballots offered in theelection.
One authorized representative of each political party or independentcandidate in a general or special election or one authorized representativeof each candidate in a primary election shall be permitted to remain in theroom in which the determination is being made so long as he does not impedethe orderly conduct of the determination. Each authorized representativeshall be a qualified voter of any jurisdiction of the Commonwealth. Eachrepresentative, who is not himself a candidate or party chairman, shallpresent to the electoral board a written statement designating him to be arepresentative of the party or candidate and signed by the county or citychairman of his political party, the independent candidate, or the primarycandidate, as appropriate. Such statement, bearing the chairman's orcandidate's original signature, may be photocopied and such photocopy shallbe as valid as if the copy had been signed.
If the electoral board determines that such person was not entitled to voteas a qualified voter in the precinct in which he offered the provisionalvote, or is unable to determine his right to vote, the envelope containinghis ballot shall not be opened and his vote shall not be counted. Theprovisional vote shall be counted if either (i) such person is entitled tovote in the precinct pursuant to § 24.2-401 or (ii) the State Board or thevoter presents proof that indicates the voter submitted an application forregistration to the Department of Motor Vehicles or other state-designatedvoter registration agency prior to the close of registration pursuant to §24.2-416 and the registrar determines that the person was qualified forregistration based upon the application for registration submitted by theperson pursuant to subsection A. The general registrar shall notify inwriting pursuant to § 24.2-114 those persons found not properly registered.
If the electoral board determines that such person was entitled to vote, thename of the voter shall be entered in a provisional votes pollbook and markedas having voted, the envelope shall be opened, and the ballot placed in aballot container without any inspection further than that provided for in §24.2-646.
On completion of its determination, the electoral board shall proceed tocount such ballots and certify the results of its count. Its certifiedresults shall be added to those found pursuant to § 24.2-671. No adjustmentshall be made to the statement of results for the precinct in which theperson offered to vote.
The certification of the results of the count together with all ballots andenvelopes, whether open or unopened, and other related material shall bedelivered by the electoral board to the clerk of the circuit court andretained by him as provided for in §§ 24.2-668 and 24.2-669.
C. Whenever the polling hours are extended by an order of a court ofcompetent jurisdiction, any ballots marked after the normal polling hours bypersons who were not already in line at the time the polls would have closed,notwithstanding the court order, shall be treated as provisional ballotsunder this section. The officers of election shall mark the green envelopefor each such provisional ballot to indicate that it was cast after normalpolling hours due to the court order, and when preparing the materials todeliver to the registrar or electoral board, shall separate these provisionalballots from any provisional ballots used for any other reason. The electoralboard shall treat these provisional ballots as provided in subsection B ofthis section; however, the counted and uncounted provisional ballots markedafter the normal polling hours shall be kept separate from all other ballotsand recorded in a separate provisional ballots pollbook. The State Board ofElections shall provide instructions to the electoral boards for the handlingand counting of such provisional ballots pursuant to this section.
(1975, c. 515, §§ 24.1-55.1, 24.1-55.2; 1982, c. 650; 1993, c. 641; 1996, c.8; 1997, cc. 438, 456; 2002, c. 24; 2003, cc. 984, 1015; 2004, c. 410; 2005,c. 824; 2007, c. 692; 2008, cc. 110, 559; 2010, c. 448.)
