Overview

A voter whose eligibility cannot be readily determined at the polling place or who registers on Election Day is allowed to vote with a provisional ballot. Va. Code Ann. § 24.2-653(A). There are two types of provisional ballots: ID-only and regular. For more details on these different types of ballots, the rules that govern issuing provisionals, and curing them see:

Types of Provisional Ballots

A voter is required to vote a provisional ballot for the following reasons (see ““GREB Ch 13” at 4-10):

• A voter does not provide a required form of identification at the polling place on Election and and does not sign the “ID Confirmation Form” to affirm their identity. Va. Code Ann. § 24.2-643(B); “GREB Ch 13” at 10.
• The voter cast their ballot after same-day voter registration. “Same Day” (“Same day registration refers to the ability to register to vote in-person and immediately vote a provisional ballot after the deadline to register and vote a non-provisional ballot has passed.”). Va. Code Ann. § 24.2-420.1;
• The voter’s name is not in the pollbook. Va. Code Ann. § 24.2-652(B);
• The voter is listed in the pollbook as having already voted. Va. Code Ann. § 24.2-651.1;
• The General Registrar cannot confirm the voter is registered to vote or find the voter's name in the pollbook even though the voter says they are registered in that precinct and eligible in the election. Va. Code Ann. § 24.2-652(B);
• The voter applied for an absentee ballot but does not have the absentee ballot with them at the polling place, and there is no record that it was submitted before Election Day. Va. Code Ann. § 24.2-653.1;
• If polling hours are extended by court order, any voter who casts a ballot but was not already in line at the time polls would have closed (i.e., 7 p.m. on November 7, 2023). Va. Code Ann. § 24.2-653.2;
• The voter is assigned to a “split precinct” and voter requests a provisional ballot for the district they were assigned to by the General Registrar and the district they believe is the correct election district and casts one provisional ballot for each district. Va. Code Ann. § 24.2-653.3; or
• It is not clear for any other reason that the voter should cast a regular ballot. “GREB Ch 13” at 9. This classification is a narrow category only used in situations when “an unforeseen circumstance or emergency causes either a regular ballot to be unavailable or it is not clear that the voter should be allowed to cast a regular ballot. Some of the situations that can arise include electronic pollbook failure, registration equipment malfunctions, or an insufficient amount of traditional ballots.” “GREB Ch 13” at 9.

What Happens After a Voter Casts a Provisional Ballot

After a voter casts his or her vote on a regular provisional ballot, the election officer will place the regular provisional ballot into the provisional envelope, record the reason for the provisional vote in the space provided on the back of the envelope, and the election officer will sign the envelope. ”GREB Ch 13” at 5-6. It is important for the election officer to fill out the envelope correctly as the information provided on the envelope appears to assist the Electoral Board with the ultimate adjudication of the voter’s eligibility. ”GREB Ch 13” at 20 (“Prior to beginning the meeting, the Electoral Board should have the #1A [and, if used, the #1B] provisional votes envelopes for all precincts.”) **(emphasis original).

The election officer must also provide the voter with a written notice indicating the process to cure the provisional ballot. [2] Va. Code Ann. § 24.2-653(B).

Precinct Provisional Ballots Log

Officers of election are responsible for completing the Precinct Provisional Ballots Log, on a rolling basis throughout Election Day. “GREB Ch 13” at 16.” This document serves as the pollbook for these ballots and details the reason each provisional ballot is issued in the precinct. “GREB Ch 13” at 7-8, 16. After polls close, the log must be placed in “evelope #8” and is used by the General Registrar in researching the claims by voters using provisional ballots in advance of the provisional ballot meeting. “GREB Ch 13” 16. The log is also later used to track the Local Electoral Board’s determination of the eligibility of these ballots. “GREB Ch 13” at 16.

Curing Processing Provisionals