Legal Challenge to Virginia True the Vote

7/31/2019 Legal Challenge to Virginia True the Vote

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November 2, 2012

Secretary of the Virginia State Board of Elections Don Palmer

1100 Bank Street,Richmond, VA 23219

Chairman of the Virginia State Board of Elections Charlie Judd


Vice-Chairman of the Virginia State Board of Elections Kimberly Bowers


Virginia Attorney General Kenneth Cuccinelli, II900 East Main Street

Richmond, VA 23219

United States Attorney Neil MacBride2100 Jamieson Ave

Alexandria, VA 22314

United States Attorney Timothy J. Heaphy

Post Office Box 1709

Roanoke, Virginia 24008-1709

Dear Sirs and Madam:

We write to strongly request your immediate attention and action to remedy the poll watcher

training activities of True the Vote in Virginia.

The True the Votes Virginia training materials provide incorrect and misleading guidance aboutVirginia law and voting procedures.

Virginia poll watchers that rely on the erroneous training in True the Votes poll watcher

manual pose a grave risk of fostering an environment of confusion, hostility and intimidation.

Worse, these ill-trained poll watchers could intentionally or inadvertently make it harder forVirginians to vote, especially new voters, voters of color, voters who need language assistance,

and voters with physical disabilities.

It is critical that you protect eligible Virginia voters from the potentially suppressive tactics of

poll watchers relying on True the Votes Virginia Poll Watcher training manual. The errors are

numerous and serious.


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We urge you to have the counties remind the chief officers that under Virginia Code 24.2-604,

the chief officers have the authority to remove persons, including poll watchers, who aredisturbing, disrupting, or delaying the voting process.

The document, True the Vote Virginia Observer Training, is attached. This document is

presented as a Virginia specific manual, however large sections include misleading or inaccurateboilerplate language cut and paste from other True the Vote state manuals, including Colorado

and Texas.

Here are some of the statements from the training manual that are plainly wrong and highlymisleading. The bulleted statements are taken directly from the training manual; the sub-bullet

point provides the inaccuracy and our suggested response.

Statement: Page 36 [Under Voting After the Poll is Closed]: If a vote is cast after thelegal closing time, it should be cast as a provisional ballot and separated from those votes

before the legal closing time.

oCorrection: Virginia law is clear: if a voter is in line at 7:00pm, even if the votercasts a ballot after 7:00pm, the voter casts a regular ballot, not a provisionalballot. In other words, everyone in line at the closing of polls in Virginia is

entitled to vote with a regular ballot.

Statement: Page 7 [Under Election Officials]: The chairman for the State Board ofElections is the Chief Election Officer for the state of Virginia.

o Correction: The Chief Election Officer for the Commonwealth of Virginia is theSecretary of the State Board of Elections, Secretary Palmer.

Statement: Page 23 [Under Voting Area]: [I]n the case of voters requiring assistance

in a language other than English, a [party or candidate] representative with proficiency inthat language may be asked to assist.

o Correction: Virginia Code 24.2-604 was amended in the previous legislativesession to prohibit an authorized representative [party or candidate] to provide

assistance in any case permitted under 24.2-649. Virginia Code 24.2-604

states that, Authorized representatives shall not be allowed in any case to provideassistance to any voter as permitted under 24.2-649 or to wear any indication

that they are authorized to assist voters either inside the polling place or within 40

feet of any entrance to the polling place.

Statement: Page 23 [Under Voter Check-In]: Voter states name and current address

and election officer repeat name and address. Officer asks voter to present acceptableform of ID: his Commonwealth of Virginia voter registration card, his social security

card, his valid Virginia drivers license, his concealed handgun permit issued pursuant to18.2-308, or any other identification card issued by a government agency of the

Commonwealth, one of its political subdivisions, or the United States; any valid student

identification card issued by any institution of higher education located in theCommonwealth of Virginia; any valid employee identification card containing a

photograph of the voter and issued by an employer of the voter in the ordinary course of


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the employers business; or a copy of a current utility bill statement, government check,

or paycheck that shows the name and address of the voter.

o Correction: The State Board of Elections acceptable voter identification chartshows that voters may also present a tribal enrollment or other tribal ID provided

by one of the 11 tribes recognized in Virginia, a military ID, or an expired

Virginia drivers license that is within 30 days of expiration.

Statement: Page 32 [Under Challenging Voters or Absentee/Mail-In Ballots]: ThePoll Lead or Assistant (usually together) can make a decision to uphold or overrule your

challenge. Take careful notes of everything said during this process. Its also possiblethat the Poll Lead or Assistant may determine that a final decision on the challenge

cannot be reached. In this case, they should allow the challenged voter to vote by

provisional ballot only.

o Correction: Pursuant to Virginia Code 24.2-651, any challenged voter whosigns a statement under felony penalty attesting to their eligibility shall cast a

regular ballot (i.e., shall be permitted to vote on the voting system in use at the

precinct.)

Statement: Page 33 [Under What to Watch For]: At the check-in area, watch toensure that voters are presenting the ID required by your state law and that the Election

Workers are checking the address on the ID against the address in the voter book/poll

book/online record.

o Correction: Nowhere in Virginia law does it say that a valid Virginia ID forvoting purposes must have an address on it. Not all legal forms of ID under

Virginia Code contain a current address. Furthermore, according to the SBEsWhat If guide, there are multiple instances where a voter may cast a regular

ballot even if the address on their ID does not match the address in the poll book.

For instance, the voters ID may contain a mailing address, not a physical addressor the voter could have moved within the same precinct.

Statement: Page 34 [Under What to Watch For (continued)]: Watch to ensure that theElection Workers are instructing each voter to sign the voter book or digitally sign theironline record, as needed. The Election Worker should compare these signatures against

the ID presented or against the voter book signatures on record, per your states practice.

o Correction: There is no requirement under Virginia law for voters to sign thepoll book or for election workers to compare signatures. Virginia law does not

require that eligible IDs contain a signature.

Your attention to this matter is all the more important because a prominent True the Vote officialcompared trained poll observers to police officers, which implies that poll watchers are charged

with enforcing the law. The organizations National Elections Coordinator Bill Ouren told

attendees at a True the Vote event that for any of you that have seen qualified, capablepoll

observers in action, its kind of like driving down the road and looking up in that rearview

mirror and seeing that there is an officer of the law following you. Misinformed, wrongly

trained poll watchers may be inclined to harass, intimidate, or interfere with a qualified voters


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right to vote, all of which violates Virginia law, especially if voters are targeted for

discriminatory reasons such as race, ethnicity, language ability, or gender.

Clearly, reliance on the numerous errors in the True the Vote Virginia Observer Training manual

disqualify anyone from claiming that they are a capable poll watcher.

Ironically, in an interview with the National Rifle Association News, the President of True the

Vote told an interviewer that if you find value in spending time trying to stop the corruption

where it starts, which we argue is at the polls, then what you do is you end up truing [sic] the

process all the way to the highest offices in the land and that "weve got to, I believe, take the

reins back. The misstatements of law in True the Votes Virginia materials belie the stated

goals of True the Vote.

Concerns over voter intimidation, partisanship and interference with the right to vote have

prompted Congressman Elijah Cummings, Ranking Member of the House Committee on

Oversight and Government Reform, to open an investigation into True the Vote. He has

requested documents relating to the True the Votes plans to deploy hundreds of thousands of

personnel across the country on Election Day to challenge access to the polls for people you

believe should not be allowed to vote. He explained that if True the Votes efforts are

intentional, politically-motivated, and widespread across multiple states, they could amount to a

criminal conspiracy.

Virginia Code mandates that, It shall be unlawful for any authorized representative, voter, or

any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit

any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attemptto influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v)

otherwise impede the orderly conduct of the election. - Virginia Code 24.2-604(D)

We expect that you will enforce this and other voter protection laws to their fullest extent,

particularly in the wake of these disturbing training materials that threaten to disenfranchise

voters and make it harder for eligible Virginians to vote.

We request that you do the following as soon as possible:

-

Enforce Virginia law;

- Request that the State Board of Elections remind election judges how to handle pollwatchers that are trained contrary to Virginia law, including the significant statutory

authority under Virginia Code 24.2-604(D) and (E) to eject any poll watcher who seeks

to carry out any action that is contrary to Virginia law;


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- Inform the Virginia Republican and Democrats that their monitors are to obey all laws orrisk ejection from the polling location; and

- Request that True the Vote immediately correct their training materials and distributecorrective materials to all persons signed up to become poll watchers trained and/or

mobilized by True the Vote.

These steps are critical to ensure a free, fair and accessible election in Virginia. We hope that

you will take the necessary steps and begin this process as soon as possible.

Sincerely,

The 2012 Virginia Election Protection Coalition

Michael Lore Anna Scholl

Volunteer Coordinator Executive DirectorCommon Cause Virginia ProgressVA Education Fund

1133 19th

St., 9th

floor PO Box 742Washington, DC 20036 Earlysville, VA 22936

[email protected] [email protected]

Courtney Mills Katie OConnorStaff Attorney Staff Attorney

Fair Elections Legal Network Advancement Project

1825 K Street NW, Suite 450 1220 L Street NW Suite 850Washington, D.C. 20006 Washington DC 20005

Tel: 202-331-0114 Fax: 202-331-1663 [email protected]

[email protected]

Tram Nguyen

Associate Director

Virginia New Majority Education Fund6397 Little River Turnpike, Ste 300

Alexandria, VA 22312

[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://bl2prd0810.outlook.com/owa/redir.aspx?C=i4eCXs9Ai0Kn4A2hyWu-tRUaZ1qRjM8IzSIXCehmndHfwIs-LXFrjYmL5OrpjGv3Emo-01HlVMU.&URL=http%3a%2f%2fus.mc1221.mail.yahoo.com%2fmc%2fcompose%3fto%3dtnguyen%40virginianewmajority.orghttps://bl2prd0810.outlook.com/owa/redir.aspx?C=i4eCXs9Ai0Kn4A2hyWu-tRUaZ1qRjM8IzSIXCehmndHfwIs-LXFrjYmL5OrpjGv3Emo-01HlVMU.&URL=http%3a%2f%2fus.mc1221.mail.yahoo.com%2fmc%2fcompose%3fto%3dtnguyen%40virginianewmajority.orghttps://bl2prd0810.outlook.com/owa/redir.aspx?C=i4eCXs9Ai0Kn4A2hyWu-tRUaZ1qRjM8IzSIXCehmndHfwIs-LXFrjYmL5OrpjGv3Emo-01HlVMU.&URL=http%3a%2f%2fus.mc1221.mail.yahoo.com%2fmc%2fcompose%3fto%3dtnguyen%40virginianewmajority.orgmailto:[email protected]:[email protected]:[email protected]:[email protected]


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Inspire and equip volunteers as ElectionObservers!

Make votes count!

Prevent voter fraud

John Jones

A citizen initiative empowered by TRUE the VOTE

Ensure election integrity!

Virginia

ObserVerTraining

Advocate free and fair elections in 2012!


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2

Virginia Table O Contents

WWW.TRUETHEVOTE.ORG2012 True the Vote

V Poll Ov T

Getting Started 4

How To Use Your eBook 4

Chapter 1 Introduction 5

Welcome 5

The Purpose 5

Why Do We Need Election Observers? 5-6

Whats in the Video 6Chapter 2 Who Oversees Our Elections? 7

Election Ocials 7

Polling Place Sta 7

Poll Lead 8

Assistant Poll Lead 9

Election Workers 9

Election Observers 10

Poll Challengers 11

Other Service Venues 11

Early Voting Procedures 11

Chapter 3 Preparing For Elections 12Poll Assignment 12

Training Requirements 12

Final Brieng and Deployment 13

Election Observer Checklist 13

Commitment 13

Chapter 4 Working The Elections 14

Setting Up the Poll 14

Types o Ballots and Equipment 14

Arrival At Poll 15

Election Observer Rules and Privileges 16-17

Inractions 17Confict Resolutions 18

Chapter 5 Opening The Poll 19

Whos in the Polls 19

Opening Evaluation 19-20


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3

Virginia Table O Contents

WWW.TRUETHEVOT2012 True th

V Poll Ov T

Equipment Usage 20

Opening Procedures 21

Poll Layout 21

Note Taking 22

Chapter 6 Poll Activity 23

Voting Area 23

Voter Check-In 23Voting List/Poll Book 23-24

Same Day Voter Registration 24

Paper Ballots 25

Electronic Ballots 25-27

Provisional Ballots 27

Absentee/mail-in Ballots 28

Voters Needing Assistance 28-30

Curbside Voting 30

Interim Voter Counts 31

Electioneering 31

Challenging Voters or Absentee/mail-in Ballots 32Taking Breaks 33

What to Watch For 33-34

Chapter 7 Closing The Poll 35

Closing Procedures 35

Voting Ater the Poll is Closed 36

Closing Documentation 37

Counting Ballots 38

Securing and Transporting o Ballots and Equipment 39

Breaking Down the Poll Equipment 40

Incident Reports 40

Closing Checklist 41Chapter 8 Wrap Up 42

Online Assessment 43

Helpul Links 43


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4

Virginia Getting Started


gttsttd

How To Use Your eBook

This eBook was created just or you and your state In it you will nd the material covered in the Election Observer training

video, along with state specic details and election laws that are unique to your state Theres a lot o inormation contained

in the video and on the ollowing pages - dont get overwhelmed Our intent is to expose you to the ull polling place

experience, so that you will be generally amiliar with the entire process As you will learn, TRUE the VOTE will provide

you with additional supporting documents and a Quick Reerence Guide closer to Election Daybut or now, whats most

important is or you to watch the training video, ollow along with the eBook, and take the assessment at the end o the

course (so that youll know that you know that you know your role in the poll) Ater those steps are complete, youll be

contacted by your local election integrity organization-theyll help connect you with volunteer opportunities and make sure

you are ready to go!

Were all in this together, all serving to support the single most undamental process o our representative republic Thank

you or your commitment to election integrity!

Objectives

Ater completing this course, you will be able to:

Understand the role of an Election Observer.

Identify responsibilities of an Election Observer.

Describe key events in polling place procedures.

Recognize common causes of election irregularities.

Perform the duties of an Election Observer.

Icons Used Throughout This eBook

Notes

Video Content

State Specic Inormation

Sources or Additional Inormation


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5

Virginia Introduction Chapter 1


Welcome

Welcome to the TRUE the VOTE Election Observer Training - thank you or stepping up to help ensure

the integrity o our elections! TRUE the VOTE is an initiative developed by citizens or citizens to inspire

and equip volunteers or involvement at every stage o our electoral process and to actively protect the

rights o legitimate voters regardless o party aliation

Why Do We Need Election Observers?

Across the country, citizens are becoming increasingly concerned about our electoral process When

election laws are not ollowed properly, or the laws are vague, it leaves the process open to problems

- including manipulation by those with partisan agendas Without Election Observers present, these

issues oten go undocumented and unaddressed TRUE the VOTE isnt concerned with which political

party youre a part o, or which candidate you support - but we are very concerned about the integrity

o our elections

The Purpose and Role

The purpose o this training is to prepare you or your role as an Election Observer and to explain

the importance o this role The term Election Observer is the generic title we will reer tothroughout this video, but the ofcial title o this role may be dierent in your state. The

10th Amendment o our Constitution provides or elections to be overseen at the state level, this meansthat election laws and titles can vary by state However, most o the basic processes are the same In

addition to the training video, youll have this state specic eBook to highlight important inormation

unique to your state

Party and candidate representatives bring balance to the polls, ensuring that all parties are represented,

and are the citizen eyes and ears at the polls, ensuring that all parties are represented, and are the citizen

eyes and ears at the polls, ensuring that proper election procedures are ollowed--and documenting and

reporting i they are not.

Virginia Election Code24.2-604The ocers o election shall permit one authorized representative o each political party

or independent candidate in a general or special election, or one authorized representative o each

candidate in a primary election, to remain in the room in which the election is being conducted at all

times.


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6

Virginia Introduction Chapter 1


You cmk

dffc

Just One Example O Election Fraud In VirginiaIn July 2012, the Voter Participation Center in Virginia has come under re or allegedly mailing voterregistration orms to the deceased, pets, children, and others ineligible to vote The Romney campaign has

asked the Attorney Generals oce to investigate this urther

http://www2.timesdispatch.com/news/virginia-politics/2012/jul/25/15/tdmain01-romney-

camp-asks-va-to-probe-voter-forms-ar-2081517/

Notes

Whats in the Video

This training will be presented in chapters, so that you can go back and review areas that you might have

questions about without having to watch the entire presentation The Chapters are:

Chapter 1 - Introduction

Chapter 2 - Who Oversees Our Elections?

Chapter 3 - Preparing or Elections

Chapter 4 - Working the Elections

Chapter 5 - Opening the Poll

Chapter 6 - Poll Activity

Chapter 7 - Closing the Poll

Chapter 8 - Wrap-Up

Since this training will be available as an on-demand video, once youve registered or the course you

will be able to access the video at your convenience TRUE the VOTE also oers live webinars or

Q&A sessions, conerence calls, and online discussions, to help equip you with the knowledge andunderstanding o election laws and procedures in your state


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7

Virginia Who Oversees Our Elections ? Chapter 2


Election Ocials

The key individuals involved in elections are the Secretary o State (SoS), local Election Administrators,

local Voter Registrars, and in some states, Election Boards The SoS is the senior-most individual at the

state level responsible or elections Local Election Administrators have varied titles and conduct the

actual election (voting) operations Local Voter Registrars are responsible or the registering o voters

and maintaining the integrity o the voter rolls Election Boards, sometimes called Accountability Boards,oversee both registration and election operations

http://www.sbe.virginia.gov/cms/Index.html

The chairman or the State Board o Elections is the Chie Election Ocer or the state o Virginia. The

Chairman--currently Charles Judd, as well as the two other board members, are appointed by the

Governor.

Chie Election Ocer, Assistant Chie Election Ocer, Election Ocers, Party/Candidate Representatives

Polling Place StaState election laws generally provide or our to ve types o roles at the polls, though the position titles

vary widely by state or county These roles are:

Poll Lead*

Assistant Poll Lead*

Election Clerks*

Election Observers*

Poll Challengers*

* These are the generic terms used in this training. The specific titles used by your state are

defined in your states election code. Staed by members o both major parties, these roles work

together to ensure a air and honest electoral process.


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8



Assistant Poll Lead

The Assistant Poll Lead is the secondary authority in the poll This person stands in or the Poll Lead

when the Poll Lead is absent rom the poll or voting area The Assistant Poll Lead is typically selected

by the opposing major party and, is the primary representative or the opposing major party in the poll

This person must be a qualied, registered voter and may not be a candidate on the ballot or an elected

public ocial This person must attend training provided by the Election Administrator This is a paid

position

* These are the generic terms used in this training The specic titles used by your state are dened in

your states election code Staed by members o both major parties, these roles work together toensure a air and honest electoral process

Chie Ocer: appointed by electoral board, rom one o the two parties who received the most votes in

the most recent gubernatorial election. Eligibility Requirements: citizen o the Commonwealth, citizen

o the precinct in which serving i at all possible. Training: requires training rom the board o elections

no less than 3 and no more than 30 days prior to an election. Paid: Election ocer is a paid position,

although ocers may waive compensation and work as a volunteer. Volunteer Election Ocials must

posses the same qualications as paid Election Ocials.

Virginia Election Code24.2-115Appointment, qualications, and terms o ocers o elections.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-115 24.2-116

Compensation o ocers; volunteer ocers.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-116

Poll Lead

The Poll Lead is the primary authority in the poll This person directs, oversees, and is responsible orall election business in the poll In some states, this individual has legal authority equivalent to that o

a district judge The Poll Lead is usually selected by a major party and is the primary representative or

that party in the poll

This person must be a qualied, registered voter and may not be a candidate on the ballot or an elected

public ocial This person must attend training provided by the Election Administrator This is a paid

position


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9



Assistant Poll Lead (continued)

Assistant Ocer: appointed by electoral board, i possible rom the opposite party as the chie ocer.Eligibility Requirements: citizen o the Commonwealth, citizen o the precinct in which serving i at all

possible. Training: requires training rom the board o elections no less than 3 and no more than 30 days

prior to an election. Paid: Election ocer is a paid position, although ocers may waive compensation

and work as a volunteer. Volunteer Election Ocials must posses the same qualications as paid Election

Ocials.





Election Workers

Election Workers are those individuals who, under the direction o the Poll Lead and Assistant Poll Lead,

conduct the actual set up o the polls, the operation o the voting process, and the closing o the polls

These individuals may be selected by the major parties or by the Poll Lead and/or Assistant Poll Lead

Election Workers most oten rotate between dierent tasks in conducting the election operations at the

polls

The title o the Election Worker is dened in the state election code This person is a qualied, registered

voter An Election Worker may not be a candidate on the ballot or an elected public ocial This position

holder must attend training provided by the Election Administrator This is a paid position






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Party/Candidate Representative: Appointed by candidate or party--1 per poll location. Qualications:

Qualied voter o any jurisdiction o the commonwealth, not a current candidate on the ballot or election.

Virginia Election Code24.2-604 Prohibited activities at polls; notice o prohibited area; electioneering; presence o

representatives o parties or candidates; simulated elections; observers; news media; penalties.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-604 2.pdf

Election Observer

An Election Observer is typically appointed by a stakeholder on the current ballot This stakeholder canbe a political party with a candidate on the ballot, a candidate or group o candidates on the ballot, or a

political group supporting or opposing a proposition, issue or amendment on the ballot In some states, an

Election Observer can be sel-appointed and unaliated with any other entity These individuals generally

watch the election activities to ensure all activities are conducted in accordance with the law Where

violations o, or exceptions to, the election laws are observed, these individuals alert Election Ocials

where allowed and document the observations in order to provide a written record o all violations and

exceptions The specic title or Election Observer in your state is dened in your states election code

An Election Observer generally must be a qualied, registered voter An Election Observer must not be

an employee, or employer o, or related to, any o the paid Election Workers This is a volunteer position

While a party or candidate may provide training, it is generally not a requirement to attend

Notes


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11



Other Service VenuesVenues or Election Workers and Election Observers vary widely by state and local practices The typical

venues where Election Workers and Election Observers serve are: election polling locations where citizens

vote in person, central count locations where ballots are collected and/or counted, voter registration

locations where voters are registered, and central count locations or absentee/mail-in ballot review

Poll Challengers

Depending on specic state election law, the Poll Challenger role may or may not exist These individualsare typically appointed by candidates who are on the ballot, or organizations that support or oppose

propositions included on the current ballot They usually oversee the voter qualication and check-

in process, providing an independent verication to ensure voting requirements are being met

The title o the Poll Challenger is dened in the state election code and is a qualied, registered voter The

Poll Challenger must not be an employee or, employer o, or related to, any o the paid Election Workers

Virginia does not have Poll Challengers.

Representatives may watch as absentee ballots are counted. votes are counted, and returns are

completed, with up to our bystanders and representatives present.

Virginia Election Code24.2.655. Representatives o political parties and candidates to be present on request.


Early Voting Procedures

In many states there are two in-person election periods - Early Voting and General Election Early Voting

is a period o time ranging rom several days to several weeks beore the General Election Early Voting

oers voters additional time during which they can cast their vote The polling place set-up is typically

the same or Early Voting, with the same stang requirements and the same procedures ollowed at the

polls during the General Election The key dierence is that Early Voting poll locations are usually very

limited in number by comparison to the number o polls open during General Election

Early voting in VA required a valid excuse, the same conditions required or an absentee ballot, begins as

soon as ballots are available, and can be done in person or by mail.


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12

Virginia Preparing For Elections Chapter 3


Training Requirements

Training is usually required or Election Workers Poll Leads and Assistant Poll Leads are typically trained

in state election law, local poll procedures, and in the operation o voting equipment Election Clerks are

usually trained in local poll procedures, in the operation o voting equipment, and possibly in election

law The training or Election Workers is generally conducted by the sta o the Election Administrator

Training or Election Observers is typically not required Secretary o State oces may or may not

provide sel-taught training materials Election Observers may or may not receive training rom those

who appoint them to serve

TRUE the VOTE conducts this training course or all Election Observers associated with TRUE theVOTE It is important or Election Observers to ully understand the election law, local poll procedures,

and the operation o voting equipment, in order to identiy any deviations observed during their service

at the poll

Poll Assignment

The procedures or appointing an Election Observer are generally set out in state election law Theselaws will speciy who can appoint an Election Observer, as well the requirements that must be met

and standards that must be ollowed An Election Observer is typically appointed by a stakeholder on

the current ballot This stakeholder can be a political party with a candidate on the ballot, a candidate

or group o candidates on the ballot, or a political group supporting or opposing a proposition, issue

or amendment on the ballot Every Election Observer should be given a Certicate o Appointment

by the stakeholder This certicate is typically presented to the Poll Lead and is the manner in which

an Election Observer gains access to serve in the poll location In planning to serve as an Election

Observer, it is critical to understand this process TRUE the VOTE does not appoint Election Observers,

we help connect stakeholders with trained TRUE the VOTE volunteers

Work through a candidate or a party to be assigned to a precinct. To enter the polls, a signed statement

saying that they are authorized to represent the party with the city or county chairmans or candidates

signature or a photocopy o such a document will be required.

Virginia Election Code24.2-604. Prohibited activities at polls; notice o prohibited area; electioneering; presence o

representatives o parties or candidates; simulated elections; observers; news media; penalties. Each

representative shall present to the ocers o election a written statement designating him to be a

representative o the party or candidate and signed by the county or city chairman o his political party,

the independent candidate, or the primary candidate, as appropriate. Such statement, bearing the

chairmans or candidates original signature, may be photocopied, and such photocopy shall be as valid

as i the copy had been signed.


No state training is required or representatives o candidates/parties.


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13

Virginia Preparing For Elections Chapter 3


Receive your signed statement rom the party or candidate you are working through

Final Brieng and Deployment

TRUE the VOTE highly encourages you to attend one o our Final Briengs leading up to the electionTogether with your local aliated organization, we will review essential points, provide any last minute

updates, and, most importantly, provide you with your Final Brieng inormation packet Included in this

packet will be your Certicate o Appointment, which will speciy your polling location, hotline contact

telephone numbers (including the names o your TRUE the VOTE Team Captain and other TRUE the

VOTE-trained individuals serving with you), your Quick Reerence Guide, Incident Reports, and other

important and helpul handouts

Election Observer Checklist1) Vote early or absentee

2) Dont bring any electronic or recording device, except your cell phone

3) Dont bring any political material

4) Dont wear anything that reers to a political party, candidate, or issue

5) Bring your Final Brieng packet

6) Bring your Certicate o Appointment *

7) Bring a map or directions to the poll location*

8) Bring Team Captain / Hotline telephone numbers*

9) Bring Election Observers Quick Reerence Guide*

10) Take a photo ID to conrm your identity

11) Dress comortably; business casual Wear comortable shoes

12) Bring ood, snacks, water, medicines or 15 hours

13) Bring a clipboard, notepad, pens

14) Bring a watch

15) Bring a cell phone and charger

16) Know where to park at the polling place

* All these items will be included in your Final Brieng packet

Commitment

Be committed to your assignment You are part o a TRUE the VOTE trained team in the polls, so please

be prepared or your service and plan to serve the entire day i possible I or some reason you nd

you cannot serve, notiy your Team Captain immediately so a replacement can be ound to keep the

TRUE the VOTE team intact

The role o a Poll Observer is extremely important, as you are documenting the activities in the poll and

ensuring that all election laws and procedures are being ollowed. Please do not accept this position

unless you are ully committed to perorming these duties. Please make sure your have cleared your

schedule and made arrangements or child care, appointments or other things that could impact your

commitment to serve at the polls. Remember, others are counting on you - advise your Team Captain as

soon as possible i an emergency arises, causing you not to be able to ulll your commitment.


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14

Virginia Working The Elections Chapter 4


Setting Up the Poll

The equipment and materials used in the poll are typically delivered by the Election Administrators sta

or by the Poll Lead All ballots and election machines should be sealed/locked when they arrive at the

polling location The Poll Lead will usually notiy the Election Workers to arrive at the poll location the day

beore voting begins to set up the poll In some states, the Election Observer is also notied and attends

the poll set up The seals on the equipment and ballot materials should only be broken in the presence

o both the Poll Lead and the Assistant Poll Lead I the Election Observer does not witness this, conrm

with the Poll Lead and assistant Poll Lead that they were both present I they were not both present,

document this act and notiy your Team Captain

Beore every election, materials are delivered to an election ocer or each precinct by a board

member or other individual designated by the board. Equipment is set up the morning o the election

by the election ocers. Voting equipment is set up at least our eet rom where any election ocer is

seated, but voting and counting equipment must remain in plain view o the ocers o election. The

representatives do not assist with set up but may observe the process o set up and equipment testing..

Virginia Election Code24.2-621. Delivery o packages to ocers; opening packages.


Opening and closing ballot containers; opening polls


Duties o ocers o election.


Voting equipment to be in plain view; ocers and others not permitted to see actual voting; unlockingcounter compartment o equipment, etc.


Types o Ballots and Equipment

The types o ballots, and the extent to which electronic voting machines are used, dier rom state

to state and sometimes county to county Be amiliar with what is used in your location, including the

specic type o ballot and election machines used

Board o Elections Approved Election Materials: Premier Election Solutions, Election Systems & Sotware,

Sequoia Voting Systems, Hart Intercivic, Dominion Voting, Unilect Corporation, Unisyn, Advanced VotingSolutions. Equipment may vary by polling location-check to see what equipment will be at your poll.

A complete list may be ound at

http://www.sbe.virginia.gov/cms/Election_Information/Voting_Systems_Ballots/Index.

html


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15



Arrival at Poll

Plan to arrive at the poll location at least one hour prior to the opening o the poll to voters Upon arrival,

introduce yoursel to the Poll Lead and provide identication, including a Certicate o Appointment when

required Ask the Poll Lead what their policy is on cell phones and ollow that policy while in the poll Ask

the Poll Lead where you should stand or sit Remember that the election law allows the Election Observer

to be able to see all voting activities From where you are placed, you should be able to observe the voter

check-in qualication process including the use o a poll book or electronic voter roll I you are prevented

rom viewing all aspects o the voting process or prevented rom serving at all, you should show the Poll

Lead the legal reerence on your Election Observer Quick Reerence Guide I the Poll Lead continues to not

let you serve, ask them to document the reason or denying your service on the back o your Appointment

Certicate, then step outside the poll, but within the non-electioneering zone, and call your Team Captain

to report that your service has been reused Do not leave the poll or step outside the non-electioneering

zone Follow the instructions rom your Team Captain

Judges are to arrive by 5:15 to begin set up, so arrival by or beore that time would be best to completely

observe opening procedures. Credentials are presented to the judges upon time o arrival. The use o cell

phones is permitted i they do not contain a camera or other recording device, but may be prohibited by

the chie ocer i they are being used in violation o another part o the law. Authorized representatives

shall be allowed to be close enough to the central election table to see and hear what is occurring, but not

close enough to interere with the process. Appeal to the local Election Board or the candidate/party you

are working through i not accepted.

Virginia Election Code24.2-639Duties o ocers o election. The ocers o election o each precinct at which voting or

counting equipment is used shall meet at the polling place by 5:15 a.m. on the day o the election

Each representative, who is not himsel a candidate or party chairman, shall present to the ocers o

election a written statement designating him to be a representative o the party or candidate and signedby the county or city chairman o his political party, the independent candidate, or the primary candidate,

as appropriate http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24.2-604 Prohibited

activities at polls; notice o prohibited area; electioneering; presence o representatives o parties or

candidates; simulated elections; observers; news media; penalties. Authorized representatives shall

be allowed, whether in a regular polling place or central absentee voter precinct, to use a handheld

wireless communications device, except that authorized representatives shall not be allowed to use such

devices when they contain a camera or other imaging device to lm or photograph inside a polling place

or central absentee voter precinct. The ocers o election may prohibit the use o cellular telephones or

other handheld wireless communications devices i such use will result in a violation o subsection A or D

or 24.2-607 Authorized representatives shall be allowed, whether in a regular polling place or central

absentee voter precinct, to be close enough to the voter check-in table to be able to hear and see what is

occurring; however, such observation shall not violate the secret vote provision o Article II, Section 3 o the

Constitution o Virginia or otherwise interere with the orderly process o the election. Any representativewho complains to the chie ocer o election that he is unable to hear or see the process may accept

the chie ocers decision or, i dissatised, he may immediately appeal the decision to the local electoral

board.




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Election Observer Rules and Privileges

Things an Election Observer May Do:

May observe all aspects of the election voting process.

May be present to observe every step of the ballot handling.

May be present anytime the poll location is unlocked, including during set up and close down of the poll.

May follow the ballots during transit between poll location and central count facility, if applicable.

May be present during the ballot count.

In some states observers, must serve for a minimum number of hours before leaving and returning to the

poll location

May be present to observe same day voter registration processes at the polls.

Things an Election Observer May Not Do:

Talk with voters. Communicate in any way with voters.

Use a recording device inside the polls.

Use a cell phone inside the polls.

Be partisan in any way.

Wear a name tag (not allowed in most states).

Reveal any information about the vote count or ongoing business in the polls.

Observe the ballot of a voter.

A representative cannot hinder or assist a voter or wear any indication within 40 eet o the polling location indicating

that they are authorized to assist voters. They are not allowed to use a wireless device when they contain a camera or

other recording device. They are not to speak to voters or to observe a voter voting unless they are being assisted by an

election ocer. Representatives are allowed to watch the examination o the equipment beore the opening o polls, the

check in process, and the counting o ballots and return o results.

Virginia Election Code24.2-604. Prohibited activities at polls; notice o prohibited area; electioneering; presence o representatives o parties

or candidates; simulated elections; observers; news media; penalties. Authorized representatives shall not be allowed

in any case to provide assistance to any voter as permitted under 24.2-649 or to wear any indication that they are

authorized to assist voters either inside the polling place or within 40 eet o any entrance to the polling place. It shall

be unlawul or any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualied

voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner

attempt to infuence any person in casting his vote; (iv) hinder or delay any ocer o election; (v) be in a position to see

the marked ballot o any other voter; or (vi) otherwise impede the orderly conduct o the election.


24.2-639. Duties o ocers o election. The ocers shall conduct their examination in the presence o the ollowing

party and candidate representatives: one authorized representative o each political party or independent candidate

in a general or special election, or one authorized representative o each candidate in a primary election, i such

representatives are available.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-639 24-2-655.


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Election Observer Rules and Privileges (continued)

Representatives o political parties and candidates to be present on request. Such representatives shall

be entitled to be present while the votes are counted and shall remain until the returns are completed.


Inractions

I an Election Observer should witness an inraction o the election law, the Observer should immediately

notiy the Poll Lead, as the intent is to prevent an illegal action rom occurring Document all aspects othe event witnessed, including the actions taken by the Poll Lead I the Poll Lead does not immediately

resolve the problem and stop or prevent the violation rom occurring, tell the Poll Lead that you have a

duty to report the event i it is not resolved I the Poll Lead still does not immediately correct the situation,

exit the polling location, but stay within the non-electioneering zone and contact your Team Captain via

the hotline telephone number Report the situation to the Team Captain then return quickly to the poll to

continue observing and documenting election activities

I you observe an inraction, report it to the Chie Ocer. I not resolved, report to your command center

or directly to county Election Ocials i an immediate resolution is required. Otherwise, note details on

an Incident Report.

Notes


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ill you t

th poll!

Confict Resolution

In a confict or conrontational situation, remember to ollow these guidelines:

Do not talk to whomever is causing the problem, unless it is the Poll Lead; doing so places you

at risk o being removed rom the poll!

Do not engage in or return the confrontation. Remain professional and courteous.

Calmly walk to the Poll Lead, and inform them of the situation, ask them to resolve it.

Document the situation.

If the confrontation continues, repeat your request.

If the Poll Lead does not immediately handle the situation and stop the confrontation, contact

your Team Captain

It is a good idea to contact your Team Captain about confrontational events in case you are witnessing

or experiencing a situation that may occur in other locations Your Team Captain will take care o any

urther notications needed

Remember that your goal is observe and document, and do nothing that causes you to be removed

rom the poll

Notes

PROFESSIONAL CONDUCT & CONFLICT RESOLUTION: *Remember your PRIMARY MISSION is

observation and documentation, *Be proessional in speech and body language, *Tone o voice says

more than words chosen, *Avoid being dismissed as disruptive, *Know your reerence materials,

highlight important items, *Ask Presiding Judge to deal with hostile persons, *In dealing with errors by

Presiding Judge or other Election Workers, politely point out correct action rom reerence materials,

-I not corrected, document and call hotline.


24/49

19

Virginia Opening The Poll Chapter 5


Whos in the Polls?

The rst thing we suggest you do as an Election Observer is get to know the Election Workers and

other Observers youll be spending the day with Introduce yoursel to everyone you will be working

with, including Supervisors, Clerks, and other Election Observers, and write down their names in your

notebook

Opening Evaluation

Note the set up o poll at opening Include whether all required notices are properly posted and all

proper areas, such as the non-electioneering zone are correctly marked Determine the location o

all documents used in the voting process and that they are readily available Make a special note o

anything you cannot locate, or that is not being used, and bring this to the attention o the Poll Lead

Representatives should report inractions to the Chie Ocer.

Virginia Election CodeSec. 61.010. WEARING NAME TAG OR BADGE IN POLLING PLACE (a) Except as provided by

Subsection (b), a person may not wear a badge, insignia, emblem, or other similar communicative

device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct o theelection, in the polling place or within 100 eet o any outside door through which a voter may enter the

building in which the polling place is located. (b) An election judge, an election clerk, a state or ederal

election Inspector, a certied peace ocer, or a special peace ocer appointed or the polling place by

the presiding judge shall wear while on duty in the area described by Subsection (a) a tag or ocial

badge that indicates the persons name and title or position.

Election paperwork includes the pollbook & voter check sheets or electronic pollbook, printed ballots

in counties that use them, provisional ballots and envelopes or them, change o address orm, voter

registration orms.

Virginia Election Code24.2-611 Form and signing o pollbooks; records o persons voting; electronic pollbooks. The poll

book shall (i) provide a space or the ocer o election to record the name and consecutive number o

the voter at the time he oers to vote and (ii) be retained in accordance with the provisions governing

Pollbooks in this title. The State Board shall make available a numerical check sheet required to be used

with Pollbooks in printed orm to determine the consecutive number to be recorded with the name othe voter by the ocer o election. In electronic Pollbooks, the consecutive number shall be entered

automatically when the ocer o election records that the voter has voted. 24.2-640. Ballots generally.

In every county and city using mechanical or direct electronic voting systems requiring printed ballots,

the electoral board shall urnish a sucient number o ballots printed on plain white


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Opening Evaluation (continued)

Paper, o such orm and size as will t the ballot rames

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-640 24.2-643.

Qualied voter permitted to vote; procedures at polling place; voter identication.


Equipment Usage

Note that all provided voting equipment is present and being used There is typically an inventory sheet or

report o all voting equipment delivered to the polling location Notiy the Poll Lead and your Team Captain

immediately i any item is missing or not being used It is likely that the poll cannot be opened unless all

equipment is present and being properly used Note the location o the seals that must be used on the

equipment at closing Document this location or use later in the day

Judges are to arrive by 5:15 to begin set up. Voting equipment is set up at least our eet rom where any

election ocer is seated, but voting and counting equipment must remain in plain view o the ocers o

election. The keys or the election are delivered and then the counters or each machine are assured to

register zero, but machines are locked or voting until the polls are ocially declared open. Equipment

may vary by polling location.

Virginia Election Code24.2-639Duties o ocers o election. The ocers o election o each precinct at which voting or

counting equipment is used shall meet at the polling place by 5:15 a.m. on the day o the electionThe keys to the equipment and any electronic activation devices that are required or the operation o

electronic voting equipment shall be delivered, prior to the opening o the polls, to the ocer o election

designated by the electoral board in a sealed envelope on which has been written or printed the name

o the precinct or which it is intended.


Voting equipment to be in plain view; ocers and others not permitted to see actual voting; unlocking

counter compartment o equipment, etc.



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Poll Layout

Draw a schematic o the poll and number or reerence specic voting machines and locations inside

the poll, using abbreviations that you can easily identiy in your notes

Opening Procedures

Conrm that all electronic voting machines have a zero count (a paper printout that conrms no votes

have been cast) beore the polls open and that all paper ballot collect boxes are empty Document

this verication

The representative is allowed to observe the securing o election equipment and opening procedures

Virginia Election Code24.2-639 Duties of officers of election. Beore opening the polls, each ocer shall examine the

equipment and see that no vote has been cast and that the counters register zero. The ocers shall

conduct their examination in the presence o the ollowing party and candidate representatives: one

authorized representative o each political party or independent candidate in a general or special

election, or one authorized representative o each candidate in a primary election, i such representatives

are available


This is an example o a poll layout

JUDGESBOOTHCONTROLLER

VOTING

BOOTH

1

VOTING

BOOTH

2

VOTING

BOOTH

3

VOTING

BOOTH

1

VOTING

BOOTH

2

VOTIN

G

BOOTH

3

CLERK

VOTER

BOOK

POLL

LIST

REQUIRED

SIGNAGE

ENTRAN

CE

CL

ERK

CLERK

CLERK

CLERK EO

PS

APS

EO

JU

DGES

B

OOTH

CONTROLLER

Key:

EO = Election Observer

PS = Poll Lead

APS = Asst. Poll Lead


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Notes

Observe and document all activities, include your name, poll location ino, date, time o activity, brie

notes. State observation in actual manner, DO NOT INCLUDE OPINION.

Note Taking

Throughout the day take notes on all polling place activities not just exceptions or law violations Includeyour name, poll location, date, time o activity and a brie description o events Make sure that your notes

are adequate or you to be able to describe the events completely at a later date Document the acts

and nothing but the acts Do not use opinions Keep your notes with you at all times I your election law

requires your notes to be kept inside the poll while the poll is open, hand your notes to a trusted member

o your team should you need to leave the poll area

Things to watch or during the opening o the poll:

All security seals were intact prior to poll opening

All ballots boxes were empty ( i using paper ballots)

All voting machines, ballots, and ballot boxes are accounted or and within your line o sight

All ballot counts are zero, as generally indicated by the initial zero count printed report


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Virginia Poll Activity Chapter 6


Voting Area

Once the poll opens, only personnel directly involved in the voting process may be present insidethe polls This includes Election Workers, Election Observers, voters, interpreters provided by the Election

Administrator, minor children accompanying a voter, persons admitted to provide assistance to the

voter, State and Federal Election Inspectors, Peace Ocers appointed by the Election Administrator or

the Poll Lead, and the Election Administrator and sta Document the personnel present or extended

periods o time during the day

Voter Check-In

The Election Observer is entitled to and should observe the voter check-in process

The voter should present their qualied ID and the Election Clerk should veriy that the voters ID is

acceptable

The Election Clerk repeats the voters name, looks up the voters name in the poll book or voter list,

asks the voter or their current address, checks that the address agrees with the name and address

in the poll book or voter list, marks that the voter has checked-in, and asks the voter to sign the voter

book

Election ocers, candidate and party representatives, voters and their children aged 15 or younger,

representatives o the news media--or a reasonable and limited time, voter designated translators or

assistants, high school students serving as election pages i determined by local electoral boards. In

most cases, the poll observer can only speak to election ocers, only to report an inraction. However,

in the case o voters requiring assistance in a language other than English, a representative with

prociency in that language may be asked to assist.

Virginia Election Code24.2-643. Qualied voter permitted to vote; procedures at polling place; voter identication. A voter may

be accompanied into the voting booth by his child age 15 or younger.


Voter states name and current address and election ocer repeats name and address. Ocer asks

voter to present acceptable orm o ID: his Commonwealth o Virginia voter registration card, his social

security card, his valid Virginia drivers license, his concealed handgun permit issued pursuant to 18.2-

308, or any other identication card issued by a government agency o the Commonwealth, one o its

political subdivisions, or the United States; any valid student identication card issued by any institution

o higher education located in the Commonwealth o Virginia; any valid employee identication card

containing a photograph o the voter and issued by an employer o the voter in the ordinary course o the

employers business; or a copy o a current utility bill, bank statement, government check, or paycheckthat shows the name and address o the voter. I no change o address orm is needed and no objections

are made, the voter shall be handed a ballot by one ocer and admitted to a voting booth by another

ocer, and the voters name is marked in the poll book and a voter count is added.

Virginia Election Code24.2-643. Qualied voter permitted to vote; procedures at polling place; voter identication. An ocer

o election shall ask the voter or his ull name and current residence address and repeat, in a voice

audible to party and candidate representatives present, the ull name and address stated by the voter.


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Virginia does not permit same-day registration

Voter Check-In (continued)

An election ocer shall ask the voter to present a valid orm o identication: I the voters name is oundon the poll book, i he presents one o the orms o identication listed above, i he is qualied to vote in the

election, and i no objection is made, an ocer shall enter, opposite the voters name on the poll book, the

rst or next consecutive number rom the voter count orm provided by the State Board, or shall enter that

the voter has voted i the poll book is in electronic orm; an ocer shall provide the voter with the ocial

ballot; and another ocer shall admit him to the voting booth. Each voter whose name has been marked

on the Pollbooks as present to vote and entitled to a ballot shall remain in the presence o the ocers o

election in the polling place until he has voted.


Same Day Voter Registration

In states with same-day voter registration at the polls, listen and watch closely to ensure that Election

Workers working at the registration area are requesting proo o identication and residence documentation

rom voters Same-day registration voters must meet specic state residency requirements

I youre close enough to observe the registration process, note whether or not the entire registration

orm is being lled out I proper identication is not provided, or the voter provides inormation that

disqualies them rom registering, document those details I the person is still allowed to register, notiy

the Poll Lead, document, and report the issue to your Team Captain


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Paper Ballots

I paper ballots are used, be sure that they are visible and within the control o the Election Workers at alltimes until given to the voter Paper ballots are usually packed in a clear shrink-wrap Only one package o

paper ballots should be opened at a time

The voter should be given their choice o paper ballots, as permitted in the state election law The issuance

o the paper ballot should be recorded and the voter should take the ballot to the ballot box to mark it in

private Be sure each voter is only getting one ballot

I the voter makes a mistake, the Election Worker should void and record the ballot, placed it in a spoiled-

ballot envelope, and issue a second ballot There is a maximum number o replacement ballots that can

be issued

Once the voter completes the ballot, the voter should insert the ballot into the locked ballot box or ballot

reader The locked ballot box should not be opened by anyone at any time unless the paper ballots arecounted at the poll location once the polls are closed

I your state law allows or the ballot box to be opened prior to the close o the polls or any reason,

such as a paper jam, or i the box becomes too ull to accept ballots, make sure that any ballots that

are not put back into the ballot box are secured according to state election procedures and are not let

unattended or unsecure

The voter takes the paper ballot, enters the booth, and clearly marks the line they wish to choose, leaving the

other line blank. For the presidential election, a box is marked. I the ballot is accidentally deaced, it can be

returned to the ocer and exchanged or a new ballot, and the old is marked spoiled and put in a spoiled ballot

envelope. In Virginia a voter is allowed a maximum o 2 replacement paper ballots.

Virginia Election Code24.2-644. Voting by paper ballot; voting or presidential electors; write-in votes.


Deaced paper ballots. I any paper ballot is unintentionally or accidentally deaced and rendered unt or

voting, the voter may deliver the deaced ballot to the ocer o election and receive another.


Voter olds paper ballot and hands same to ocer who deposits it unopened in ballot container.



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When electronic or mechanical ballots are used, sample ballots are provided as a diagram outside the

device

Virginia Election Code24.2-641. Sample ballot. The electoral board shall provide or each precinct in which mechanical voting

machines or direct electronic voting devices are used, two sample ballots, which shall be arranged as a

diagram o the ront o the voting device as it will appear with the ocial ballot or voting on Election Day.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+24.2-641+701788

Electronic Ballots

I electronic voting ballots are used, upon check-in the voter will be given a code on a slip o paper or

a card that they will use to access their electronic ballot Each voter should be given only one code

Ater marking their ballot, the voter must complete the voting process by pressing the cast ballot

button I it appears the process has not been completed and the ballot is not cast, immediately notiy

the Poll Lead It is illegal in most states or an Election Worker to cast a nal ballot or a voter; watch

to ensure that no Election Worker presses the cast ballot button or any voter who has let the voting

booth without pressing the button to cast their vote or themselves I a voter leaves beore casting their

ballot, Election Workers should try to nd the voter beore they leave the area and ask them to come

back to the voting booth and press the cast ballot button I the voter has let the area, the Election

Workers should cancel the ballot, according to state procedure


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Provisional Ballots

A provisional ballot is a special ballot that is used when the eligibility o the voter is in question Only

the Poll Lead should make the decision to have a voter vote using a provisional ballot The provisional

ballot orm has a Provisional Adavit that is completed by the Poll Lead and signed by the voter, stating

the reason the provisional ballot is necessary The Election Observer should observe this process and

ensure that the proper reason is stated on the provisional ballot

All paperwork associated with a provisional ballot (including an electronic voting slip i used) should

be sealed in the provisional ballot envelope I a paper ballot is used as the provisional ballot, the ballot

number is recorded on the provisional ballot envelope and the provisional paper ballot in sealed in the

provisional ballot envelope Under no circumstances is a paper provisional ballot put into the ballot

box Regardless o the reason or its use, a provisional ballot is subject to urther review and may or

may not be counted

An individual is given a provisional ballot and a green envelope on which to ll out identiying inormation.The voter lls out the ballot, seals the envelope, and hands it to an election ocer, who places it in a ballot

container. The election ocer hands the voter a written notice with instructions on how the ballot will be

handled by the board o elections.

Virginia Election Code24.2-653. Voter whose name does not appear on poll book or who is marked as having voted; handling o

provisional ballots; ballots cast ater normal close o polls due to court order extending polling hours. Such

person shall be given a paper ballot and provide, subject to the penalties or making alse statements

pursuant to 24.2-1016, on a green envelope supplied by the State Board, the identiying inormation

required on the envelope, including his social security number, i any, ull name including the maiden or any

other prior legal name, date o birth, complete address, and signature. The ocers o election shall note

on the green envelope whether or not the voter has presented one o the specied orms o identication.

The ocers o election shall enter the appropriate inormation or the person in the precinct provisionalballots log in accordance with the instructions o the State Board but shall not enter a consecutive number

or the voter on the poll book nor otherwise mark his name as having voted. The ocers o election shall

provide an application or registration to the person oering to vote in the manner provided in this section.

The voter shall then, in the presence o an ocer o election, but in a secret manner, mark the ballot as

provided in 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then be

placed in the ballot container by an ocer o election. An ocer o election, by a written notice given to

the voter, shall (i) inorm him that a determination o his right to vote shall be made by the electoral board,

(ii) advise the voter o the beginning time and place or the boards meeting and o the voters right to be

present at that meeting, and (iii) inorm a voter voting provisionally when required by 24.2-643 that he

may submit a copy o one o the orms o identication specied in subsection B o 24.2-643 to the

electoral board by acsimile, electronic mail, in-person submission, or timely United States Postal Service

or commercial mail delivery, to be received by the electoral board no later than noon on the third day ater

the election. At the meeting, the voter may request an extension o the determination o the provisional vote

to the ollowing day in order to provide inormation 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 which it

deems reasonable to determine the status o a provisional vote.



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Voters Needing Assistance

State election law generally species what is and is not permitted in terms o voter assistance A voter

may request assistance with language translations or assistance i they have a physical limitation Avoter may bring someone with them to assist or ask to be assisted by an Election Worker I a person

other than an Election Worker assists the voter, the helper must sign an adavit swearing that they

will not infuence how the voter votes Once the helper signs this adavit, the voter and assistant

are treated like an individual voter and observation is not necessary However, i an Election Worker

assists the voter, an Election Observer should observe the assistance to ensure the Election Worker

does not infuence the voter and does only what the voter requests The Election Observer should be

careul to positions themselves so they can see the Election Worker and hear the conversation, but

not see the voters ballot or electronic voting machine screen

Voters can present absentee/mail-in ballots at poll locations.

Returned absentee/mail-in ballots are placed in the Cancelled Ballots by Mail envelope.

A voter requiring assistance due to physical disability or inability to read or write may be assisted by

another person i requested. A person who is blind may designate an ocer or any other person, while

a person who requires assistance or any other disability must not be the voters employer, an agent o

the voters employer, or an ocer or agent o the voters union. The voter must sign a request stating thehe requires assistance and the assistant must sign a request saying that he is not the employer, agent

o the employer, or agent o the union, and will act in accordance with the law. The voters mark can be

substituted or signature, but will not be required o a blind voter. The ocer will record the name o the

assistant. The ocer or assistant will then assist the voter without attempting to infuence them or reveal

how they voted. I a voter needs assistance in a language other than English as not brought an assistant,

the ocer must ask the representatives i they have a volunteer who is able to interpret or the voter. I

the ocer interprets, one representative rom each party or candidate shall be permitted to observe the

interpretation. The voter shall also be allowed to designate one o the representatives as their assistant.

Absentee/Mail-In Ballots

Absentee and mail-in ballots both reer to ballots that are cast at a location other than a designatedpolling place These terms are oten used interchangeably, so or clarity, we will reerence both terms

Typically, a voter mails in a request to the Election Administrator to receive a ballot; the Election

Administrator then sends a ballot to the voter, who completes the ballot and returns it by US Mail

States sometimes have provisions that allow or absentee ballots to be emailed, axed, or delivered in

person In some states, voters can be added to a permanent absentee/mail-in voter list, resulting in

their ballots being routinely mailed to them without need o a request

Not all polling places are authorized to handle absentee/mail-in ballots Generally, a absentee/mail-in

ballot is brought to a poll is when a voter who has received a mail-in ballot decides instead to vote at

a polling place I your state allows polls to accept absentee/mail-in ballots, then the general process

to address the situation is as ollows: the Election Worker must call the Election Administrator to report

the absentee/mail-in ballot, then cancel the absentee/mail-in ballot, according to state procedure,beore the voter can vote in person Election Observers should ensure this process is ollowed to

prevent a voter rom voting twice In some states, the absentee/mail-in ballots are brought to the poll

and included in the counting o the ballots once the poll is closed Be sure to know what is and is not

permitted in your state


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Voters Needing Assistance (continued) I

in a precinct where an electronic voting device is available that provides an audio ballot, the voter shall be

inormed that this is available or him to vote in privacy without assistance and the ocers shall provide

assistance on the machine.

Virginia Election Code

24.2-649. Assistance or certain voters. Any qualied voter, who requires assistance to vote by reason o

physical disability or inability to read or write, may, i he so requests, be assisted in voting. I he is blind, he

may designate an ocer o election or any other person to assist him. I he is unable to read and write or

disabled or any cause other than blindness, he may designate an ocer o election or some other person

to assist him other than the voters employer or agent o that employer, or ocer or agent o the voters

union. The ocer o election or other person so designated shall not enter the booth with the voter unless

(i) the voter signs a request stating that he requires assistance by reason o physical disability or inability

to read or write and (ii) the ocer o election or other person signs a statement that he is not the votersemployer or an agent o that employer, or an ocer or agent o the voters union, and that he will act in

accordance with the requirements o this section. I the voter is unable to sign the request, his own mark

acknowledged by him beore an ocer o election shall be sucient signature, provided no mark shall be

required o a voter who is blind. An ocer o election shall advise the voter and person assisting the voter o

the requirements o this section and record the name o the voter and the name and address o the person

assisting him. The ocer o election or other person so designated shall assist the qualied voter in the

preparation o his ballot in accordance with his instructions and without soliciting his vote or in any manner

attempting to infuence his vote and shall not in any manner divulge or indicate, by signs or otherwise, how

the voter voted on any oce or question. I a paper ballot or a mark sense ballot is used, the ocer or other

person so designated shall deposit the ballot in the ballot container in accordance with 24.2-646. C. I

the voter requires assistance in a language other than English and has not designated a person to assist

him, an ocer o election, beore he assists as interpreter, shall inquire o the representatives authorized

to be present pursuant to 24.2-604 whether they have a volunteer available who can interpret or the

voter. One representative interpreter or each party or candidate, insoar as available, shall be permitted to

observe the ocer o election communicate with the voter. The voter may designate one o the volunteer

party or candidate interpreters to provide assistance. A person so designated by the voter shall meet all

the requirements o this section or a person providing assistance. In any precinct in which an electronic

voting device is available that provides an audio ballot, the ocers o election shall notiy a voter requiring

assistance pursuant to this subsection that such equipment is available or him to use to vote in privacy

without assistance and the ocers o election shall instruct the voter on the use o the voting equipment.

Nothing in this subsection shall be construed to require a voter to use the equipment unassisted.



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Curbside Voting

State election law provides or curbside voting, to assist voters who cannot physically enter the poll to

vote in person Poll set up procedures should consider curbside voting and i possible arrange or a

vehicle with a curbside voter to park within the non-electioneering zone Two Election Workers, one rom

each major party should obtain the curbside voters ID, check-in the voter inside the poll, then take a

ballot or portable election machine to the curbside voter, and allow the voter to vote in private; though

the ballot or voting machine should never leave the sight o the two Election Workers Once the voter

has marked the ballot, the ballot or electronic voting machine should be taken back inside the poll or

the vote to be recorded or placed in the ballot box I there are multiple curbside voters, each should

complete this process individually beore the next voter begins An Election Observer is permitted and

should observe the entire process

A voter aged 65 or older or wit

Documents

Legal Challenge to Virginia True the Vote