Code Section
Virginia > Title 24.2 Elections > The Election Article 4. Conduct of Election; Election Results

§ 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.


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. 366451; 2003, c. 1015; 2012, cc. 723838839; 2020, c. 735.

Definition [State Board]

The State Board of Elections.

See § 24.2-101.

Definition [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.

Definition [Board]

The State Board of Elections.

See § 24.2-101.

Definition [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.

Definition [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.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.


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:

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