During voting at polling places, the officers of election must allow one authorized representative of each political party or each independent candidate on the ballot in a general or special election in the room in which the election is being conducted at all times. Va. Code § 24.2-604.4. In primary elections, the officer of election must allow one representative of each primary candidate on the ballot. Va. Code § 24.2-604.4. In all cases, the officer of election has the discretion to allow up to three representatives of each political party, independent candidate, or primary candidate. Va. Code § 24.2-604.4. Each representative must be a qualified Virginia voter, and no candidate who is on the ballot may serve as a representative of a party or candidate. Va. Code § 24.2-604.4.
Authorized representatives must be allowed to be “close enough to the voter check-in table to be able to hear and see what is occurring.” Va. Code § 24.2-604.4. While representatives are free to move around, they may not sit at the registration table, hinder voters, or violate the secrecy of the ballot. “Dos and Don'ts” at 4. Representatives have the right to immediately appeal to the local Election Board if they believe the officers of election have denied them access to observing the voting process. “Dos and Don'ts” at 4. officers of election have broad discretion to remove any authorized representative interfering with the voting process. Va. Code §§ 24.2-604.4; 24.2-607.
The Electoral Board or General Registrar can also authorize any number of additional “neutral observers” to be present in polling places. Va. Code § 24.2-604.5. Authorization must be in writing. Va. Code § 24.2-604.5. Neutral observers are not allowed to provide assistance to voters. Va. Code § 24.2-604.5. The officers of election also must permit representatives of the media to be present and film or photograph inside the polling place while polls are open, subject to restrictions that protect the secrecy of the ballot. Va. Code § 24.2-604.5.
At some precincts, authorized representatives of political parties or candidates may be present during check-in. State law allows these individuals to be close enough to the check-in table to hear and see what occurs. “Dos and Don’ts” at 4. Va. Code Ann. § 24.2-655. The authorized representative may not disrupt or interfere with the conduct of the election, but they may raise complaints to the Chief Officer of Election or Assistant Chief Officer of Election at a precinct at the time that they see objectionable conduct by officers of elections. “Dos and Don’ts” at 4, 7. Therefore, these individuals may observe officers of election and raise concerns to the appropriate parties to ensure election officers are following the law with regard to offering provisional ballots. However, authorized representatives may not disrupt the orderly administration of the election.
While votes are counted and returns are completed, no more than two representatives of each political party with a candidate in the election and one representative of each independent or primary candidate may be present. Va. Code § 24.2-655. Each representative must be a qualified Virginia voter and present the officers of election with a written statement certifying the representative is authorized by the party chairperson for the jurisdiction in which the election is held, the independent candidate, or the primary candidate, as appropriate. Va. Code § 24.2-655. The representatives are entitled to be present while votes are counted and must remain until returns are completed. Va. Code § 24.2-655; 24.3-712(F)(2).
If any of the authorized representatives choose not to be present while votes are counted, the officers of election must select one or more “bystanders” to be present, so that there are four representatives and bystanders total present. Va. Code § 24.2-655. The representatives and bystanders must be given an unobstructed view of the process as absentee ballots are cast, votes are counted, and returns are completed. Va. Code § 24.2-655. A person who would like to be present as a bystander should let the Chief Officer of Election know before polls close that the person will be waiting outside of the polling place immediately after polls close. “Dos and Don'ts” at 6. There are no qualifications for the bystanders—in fact, a bystander can be someone who is not even a qualified Virginia voter. “Dos and Don'ts” at 6. A bystander could be a representative from a non-profit or other entity.
The authorized representatives and bystanders present cannot leave until the final results are ascertained and the chief officer of election has announced the results of the election. “Dos and Don'ts” at 7. They may not communicate with any person outside the polling place during the counting, and there are no exceptions to this rule. “Dos and Don'ts” at 7.
The Electoral Board for the city or county meets on the day after the election to canvass the result of the election. Va. Code § 24.2-671. The canvass is an open meeting, and any member of the public may attend. “Dos and Don'ts” at 7. In general or special elections, each political party and each independent candidate on the ballot are entitled to have representatives present. “Dos and Don'ts” at 7. In primary elections, each primary candidate on the ballot is entitled to have representatives present. “Dos and Don'ts” at 7. Each party and candidate may have at least as many representatives present as there are teams of officials working on determining the election results. ”Dos and Don'ts” at 7. The Electoral Board must allow representatives reasonable access to view the ballots as they are canvassed. “Dos and Don'ts” at 7. Unlike during polling and vote counting at the close of polls, representatives are not required to have letters of authorization to be present. “Dos and Don'ts” at 7.
Unlike the canvass, the meeting to determine provisional ballots is closed to the public, and only certain individuals are allowed to be present. “Dos and Don'ts” at 8. In primary elections, one representative of each primary candidate on the ballot may be present “Dos and Don'ts” at 8. In general or special elections, one representative of each political party and independent candidate on the ballot may be present. “Dos and Don'ts” at 8. Representatives must have a written statement designating the individual as an authorized representative. “Dos and Don'ts” at 8. In all elections, the individual whose provisional vote is being considered—or that individual’s representative—must be allowed to be present, as well. “Dos and Don'ts” at 8. Representatives may observe the determination, but may not participate in or impede the meeting. “Dos and Don'ts” at 9.