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:
After a voter casts his or her vote on a regular provisional ballot, the election officer will place the regular provisional ballot into a green 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. “Intro to Provisionals” at 2. 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. [1] ”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).
Officers of election are responsible for completing the Precinct Provisional Ballots Log, on a rolling basis throughout Election Day. ”ELECT-103EDG” at 7; see also "ELECT-653(LOG)” (the form used).” This document details each instance of provisional voting in the precinct. See "ELECT-653(LOG)” At this stage, officers of election may include information on the Precinct Provisional Ballots Log or attached to the ballot envelope, to assist the Electoral Board in determining the eligibility of the ballot. See “GREB Ch 13” at 16; see also "EO Training Slides" at slide 044. ** It is unclear how detailed officers of election are at this stage in recording the information a voter may provide to them on the Precinct Provisional Ballots Log or provisional ballot envelope.
Two officers of election in each precinct must sign the Precinct Provisional Ballots Log to certify it is completed accurately. ”ELECT-103EDG” at 9. The Chief or Assistant Chief Officer of Elections at a polling place must be prepared to provide accurate numbers on provisional votes cast during Election Day when unofficial results are reported after polls close. ”ELECT-103EDG” at 7-8. ELECT guidance from 2018 provides that Precinct Provisional Ballots Logs should be made available electronically or in paper form to authorized representatives of political parties or independent candidates. “Official Guide” (emphasis added). The redacted log may be provided as soon as the polls close but should be provided no later than the start of the provisional ballot meeting, which must begin by 5:00 PM on the day after the election (Wednesday, November 8, 2023). Va. Code Ann. § 24.2-653; “GREB Ch 13” at 18; “Official Guide”**
The Electoral Board must hold a meeting to determine the validity of provisional ballots the day after the election. Va. Code § 24.2-653.01(A). The Department of Elections recommends this meeting start by noon. “Preparing Canvass” at 13.
As noted above, when a voter casts a provisional ballot, they are given notice of the time of this initial provisional ballot meeting and may attend this meeting to present evidence about their eligibility to vote. “PW Interview.” If a voter shows up at that time, the Electoral Board will hear their evidence and use that information as a part of their determination with regard to that voter’s provisional ballot. “PW Interview.” If no voters show up at this meeting, the Electoral Board will temporarily adjourn this meeting—which they have the power to do for up to seven days—and reconvene after staff has had time to complete research on all provisionals cast. Va. Code Ann. § 24.2-653.01(A). Therefore, the timing of this meeting can vary. However, the core of the provisional ballot meeting is often held on the Friday afternoon after the election. “Henrico Interview.” Functionally, the local canvass (detailed below) and provisional ballot meeting function as different subsections of the same meeting. “PW Interview.”
General Registrar or their staff may begin initial research using the DMV database or same-day registration data to confirm voter eligibility before the formal meeting. “Preparing Canvass” at 14.
The Electoral Board and General Registrar review all provisional ballots for eligibility. Each party and independent candidate can have a representative observe these meetings. Va. Code Ann. § 24.2-653.01(B); “Preparing Canvass” at 15. No provisional ballot inner envelopes may be opened and counted until a determination on eligibility has been made with regard to all provisional ballots. “SBE Policy 2009-006.” During this time, the outcomes of each ballot and a reason for that ballot’s determination are recorded on the Precinct Provisional Ballots Log. “GREB Ch 13” at 21. Additionally, the General Registrar should maintain a detailed list of the provisional ballots counted and not counted, so that voters whose provisional ballots were not counted can be identified and notified. “GREB Ch 13” at 21; see Va. Code Ann. § 24.2-653(B).