As a preliminary matter, some provisional ballots are “self-curing,” that is, no action is required on the part of the voter to ensure their ballot is counted. Ballots are self-cured if the Electoral Board determines that the voter is (a) registered to vote and (b) legally eligible to vote in the precinct in which the vote was cast. In that case, the voter’s provisional ballot will be counted without any additional action from the voter. “GREB Ch 13” at 20.
Other provisional ballots require the provisional voter to take some action (or, more accurately, present some documentation) to ensure their vote counts.
In both cases, election officers, General Registrars, and the Electoral Boards play an important role in the provisional ballot cure process. That role is described below:
The officer of election who assists the voter in filling out the provisional ballot envelope is integral to ensuring the Electoral Board receives complete and accurate information to cure the ballot (if such ballot is self-curing). The information recorded on the provisional ballot envelope includes the reason the voter is casting a provisional vote and the voter’s identifying information. “GREB Ch 13” at 13. If the voter provides the officer of election with additional information, the officer of election could include that information on the Precinct Provisional Ballots Log, and that information can additionally assist the Electoral Board with curing the provisional ballot. [1]
On Election Night, the officers of election are also responsible for physically segregating provisional ballots. “Election Day Guide” at 20 – 21 (This section details the process for how officers of election should pack boxes of voted provisional ballots after polls close). Va. Code Ann. § 24.2-653(C). A notable number of General Registrars surveyed in June 2023 indicated that physically segregating provisional ballots helps their offices track the status of provisional ballots until a final disposition is made regarding the voter’s eligibility. “2023 ID VA Survey.”
The officer of election is also the election official responsible for providing each provisional voter with the provisional voter notice form that details the time and place of the provisional ballot meeting as well as the information a voter can provide to cure his or her ballot. Va. Code Ann. § 24.2-653(B).
The Electoral Board is required to meet on the day following the election to determine whether each person having submitted a provisional ballot is eligible as a qualified voter in the precinct where the ballot was cast. Va. Code Ann. § 24.2-653.01(A). This meeting is called the “Provisional Ballot Meeting,” and it is a closed session of Electoral Board members and the General Registrar, but may also include appropriate staff and legal counsel of the Electoral Board. “GREB Ch 13” at 19. Legal counsel and representatives of the person who cast the provisional ballot are also permitted to attend. “GREB Ch 13” at 16. At least two members of the Electoral Board must be present to constitute a quorum to conduct the meeting. “GREB Ch 13” at 19.
The meeting must begin no later than 5:00 PM on November 8, 2023, but ELECT recommends the meeting begin even earlier—by noon on November 8, 2023. “GREB Ch 13” at 18. Notice of the meeting must be posted at least three business days prior to the meeting. “GREB Ch 13” at 4.
The Electoral Board is allowed to adjourn the Provisional Ballots Meeting for no more than seven days following the election—November 14, 2023—while it determines the validity of all provisional ballots offered in an election (or has granted a provisional voter an extension). Va. Code Ann. § 24.2-653.01(A). While the canvass can still proceed while the Provisional Ballots Meeting stands adjourned, the canvass cannot be completed until the Provisional Ballots Meeting is formally completed and adjourned after making a determination about all provisional ballots. “GREB Ch 13” at 20. Therefore, it appears the Electoral Boards are able to exercise discretion in delaying completion and final adjournment of the Provisional Ballot Meeting until they are able to verify the eligibility of all provisional ballots, until Tuesday, November 14, 2023 at the latest. Va. Code Ann. § 24.2-671. The local boards may also extend the meeting, at their discretion, on request of a provisional voter at the local board’s reasonable discretion. “GREB Ch 13” at 20.
General Registrars are required to provide public notice of the time and location of the Provisional Ballot Meeting. This information must also be provided on the provisional ballot forms. “GREB Ch 13” at 18. Va. Code Ann. § 24.2-653(B).
General Registrars are required to appear at the Provisional Ballot Meeting with the pollbooks used at all precincts (having picked them up from the Clerk of Circuit Court, if applicable). “GREB Ch 13” at 19. Va. Code Ann. § 24.2-653(B). At the Provisional Ballot Meeting, General Registrars should “provide any information available to determine if the voter casting a provisional ballot was legally eligible to vote at the precinct and submitted a copy of valid ID if required.” “GREB Ch 13” at 20.
At the Provisional Ballot Meeting, the Electoral Board proceeds through the Precinct Provisional Ballots Log to determine if a provisional voter is (a) registered to vote, and (b) legally eligible to vote in the precinct in which the vote was cast. “GREB Ch 13” at 20.
The Electoral Board or General Registrar may but is not required to attempt to contact individuals who have voted a provisional ballot to remind the individual that they are permitted to provide a copy of a form of identification to cure the provisional ballot. 1 Va. Admin. Code § 20-60-60.
If a ballot is not cured, the General Registrar must provide written notice to those voters whose provisional ballots were not counted—and provide the reason the provisional ballot was not counted. **“GREB Ch 13” at 21. This information will also be entered into VERIS. “GREB Ch 13” at 21. In guidance, ELECT provides examples for possible reasons a ballot will not “self-cure,” including: “not qualified (felon, etc.), not legally eligible to vote in precinct, voter did not provide required ID.” “GREB Ch 13” at 21. As the Electoral Board proceeds through the provisional ballots at the Provisional Ballot Meeting, the General Registrar will also mark the original Precinct Provisional Ballots Log to indicate if the ballot was counted and the reason for the determination.