§ 24.2-626 Governing bodies shall acquire electronic voting and counting machines
Overview of Statute
Governing bodies shall provide for the use of electronic voting or counting machines by acquiring such machines and providing for the payment therefore. However, no county or city shall acquire any direct recording electronic machine except as provided in this section.
Statute
A. The governing body of each county and city shall provide for the use of electronic voting systems, of a kind approved by the State Board, at every precinct and for all elections held in the county, the city, or any part of the county or city.
Each county and city governing body shall purchase, lease, lease purchase, or otherwise acquire such systems and may provide for the payment therefor in the manner it deems proper. Systems of different kinds may be adopted for use and be used in different precincts of the same county or city, or within a precinct or precincts in a county or city, subject to the approval of the State Board.
B. On and after July 1, 2020, no county or city shall use any direct recording electronic machine (DRE) in elections in the county or city.
Code 1950, § 242-291; 1970, c. 462, § 24.1-203; 1971, Ex. Sess., c. 119; 1972, c. 620; 1974, c. 428; 1976, c. 616; 1982, c. 650; 1985, c. 458; 1987, c. 129; 1993, c. 641; 1996, c. 258; 2000, c. 280; 2007, cc. 939, 943; 2009, cc. 751, 759; 2010, cc. 356, 533; 2011, cc. 153, 447, 481; 2014, cc. 540, 576; 2016, c. 464.
- Cross-References:
- Election Day
- Regulation of Election Officials
- Voting Technology
The Congressional Research Service in The Help America Vote Act and Election
Administration: Overview and Issues (9/22/2015, p. 4) reports that the useful life of a computer tends to be under 10 years.
1. Definition for State Board
The State Board of Elections.
See § 24.2-101.
2. Definition for Voting system
The electronic voting and counting machines used at elections. This term includes direct recording electronic machines (DRE) and ballot scanner machines.
See § 24.2-101.
3. Definition for Direct recording electronic machine
The electronic voting machine on which a voter touches areas of a computer screen, or uses other control features, to mark a ballot and his vote is recorded electronically.
See § 24.2-101.
4. Definition for Board
The State Board of Elections.
See § 24.2-101.
5. 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.
6. Definition for Election
A general, primary, or special election.
See § 24.2-101.
7. Definition for Precinct
The territory designated by the governing body of a county, city, or town to be served by one polling place.
See § 24.2-101.
Cases
Virginia Cases
Case Name: Falls Church Taxpayers League v. City of Falls Church
Citation: 125 S.E.2d 817
Year: 1962
Case URL: https://www.ravellaw.com/opinions/fde8157c41a090494180dc89db25023c
Case Summary: Holding that election on city bond issue was valid although issue was submitted at general election at which all voters used voting machines and that freeholders were permitted to vote as such through the election official’s manipulation of lever to set machine for freeholder voting.