Virginia SB 582: Absentee & provisional ballots; process & timing for rejected applications, rejected prov. ballots.

Bill Text

2026 SESSION

INTRODUCED

26104738D

SENATE BILL NO. 582

Offered January 14, 2026

Prefiled January 14, 2026

A BILL to amend and reenact §§ 24.2-653.01, 24.2-706, 24.2-709.1, and 24.2-711.1 of the Code of Virginia, relating to elections; absentee and provisional ballots; process and timing for rejected absentee ballot applications, returned absentee ballots, and rejected provisional ballots.

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Patron—Salim

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Referred to Committee on Privileges and Elections

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Be it enacted by the General Assembly of Virginia:

1. That §§ 24.2-653.01, 24.2-706, 24.2-709.1, and 24.2-711.1 of the Code of Virginia are amended and reenacted as follows:

§ 24.2-653.01. Provisional ballots; electoral boards to make determination as to validity.

A. The electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to § 24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3, the electoral board shall determine of which district the person is a qualified voter. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.

If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed 10 calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.

B. The electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.

Notwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.

C. The electoral board shall make publicly available a list of persons who have submitted an ID-ONLY provisional ballot pursuant to § 24.2-653 no later than noon on the day following the election.

D. If the electoral board determines that such a person who submitted a provisional vote pursuant to § 24.2-653 was not entitled to vote as a qualified voter in the precinct or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643, or the signed statement that the voter is the named registered voter he claims to be, the envelope containing his ballot shall not be opened and his vote shall not be counted. If the electoral board determines that such person was not entitled to vote as a result of a material error or omission on the provisional ballot form, the registrar shall promptly notify the voter in writing or by email of the error or omission and shall provide information to the voter on how to correct the issue so his ballot may be counted. The voter shall be entitled to make such necessary corrections before noon on the Monday after the election, and his ballot shall then be counted pursuant to the procedures set forth in this section if he is found to be