§ 24.2-651.1 Voter who is shown as having already voted; provisional voting
Overview of Statute
Voters who appear to have already voted but seek to vote shall be allowed to cast a provisional ballot.
Statute
Any person who offers to vote, who is listed on the pollbook, and whose name is marked to indicate that he has already voted in person in the election shall cast a provisional ballot pursuant to § 24.2-653. The State Board of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots.
1997, c. 915; 2000, cc. 366, 451; 2003, c. 1015; 2012, cc. 723, 838, 839; 2020, c. 735.
- Cross-References:
- Election Day
- Eligibility to Vote
- Provisional Voting
1. Definition for State Board
The State Board of Elections.
See § 24.2-101.
2. Definition for Electoral board
A board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town’s elections.
See § 24.2-101.
3. Definition for Board
The State Board of Elections.
See § 24.2-101.
4. Definition for State
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
See § 24.2-452.
5. Definition for Person
Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.
For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.
See § 24.2-945.1.
6. Definition for Election
A general, primary, or special election.
See § 24.2-101.
Cases
Virginia Cases
Out-of-State Cases
Federal Cases
Case Name: Moseley v. Price
Citation: 300 F. Supp. 2d 389
Federal District Court: Eastern District of Virginia
Year: 2004
Case URL: https://www.ravellaw.com/opinions/1593185044c5fe07bcd89bd1915aafa0
Case Summary: Holding that county official did not violate applicant’s rights by referring his possible voter registration fraud to the Commonwealth’s Attorney without filing a formal complaint and without first conducting a thorough investigation.
Additional Resources
Useful Links
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“What if…Quick Reference to Problems” https://perma.cc/XP5U-92YR