§ 24.2-671.1 Audits of ballot scanner machines
Overview of Statute
This section outlines the procedures for post-election ballot scanner audits.
Statute
C. All audits conducted pursuant to this section shall be performed by the local electoral boards and general registrars in accordance with the procedures prescribed by the Department. The procedures established by the Department shall include its procedures for conducting hand counts of ballots. Candidates and political parties may have representatives observe the audits.
D. The local electoral boards shall report the results of the audit of the ballot scanner machines in their jurisdiction to the Department. At the conclusion of each audit, the Department shall submit a report to the State Board. The report shall include a comparison of the audited election results and the initial tally for each machine audited and an analysis of any detected discrepancies.
- Cross-References:
- Machine Requirements
- Voting Technology
This section provides only for a series of pilot programs for post-election audits.
This code section was created in 2008 as a pilot program for post-election audits of voting equipment (http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0565). In 2009, the legislature directed the Joint Legislative Audit and Review Commission (JLARC) to do a study of these pilot programs (http://lis.virginia.gov/cgi-bin/legp604.exe?ses=091&typ=bil&val=sj328), resulting in a 2010 paper (http://jlarc.virginia.gov/pdfs/reports/Rpt400.pdf). Based on the success of that study the legislature made the program permanent in 2014 as part of a technical update to the codes voting equipment provisions (http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0540). In 2015, in response to “voting anomalies,” the Goochland County Electoral Board requested that the State Board approve a post-election audit of their voting equiptment; the first ever under the updated statute. Along with its request, Goochland submitted documents to be used to conduct the audit process (http://elections.virginia.gov/Files/Media/Agendas/2015/20151216BWP.pdf). The Board approved, and the audit was held that day. The secretary of the Goochland County Electoral Board, Robin Lind, presented a report of results to the State Board at their next meeting (http://elections.virginia.gov/Files/Media/Agendas/2016/20160108Minutes.pdf).
For a useful resource on audits under this statute in Virginia, see http://www.ceimn.org/state-audit-laws-searchable-database/states/virginia.
1. Definition for Department
The state agency headed by the Commissioner of Elections.
See § 24.2-101.
2. Definition for State Board
The State Board of Elections.
See § 24.2-101.
3. 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.
4. Definition for General Registrar
The person appointed by the electoral board of a county or city pursuant to § 24.2-110 to be responsible for all aspects of voter registration, in addition to other duties prescribed by this title. When performing duties related to the administration of elections, the general registrar is acting in his capacity as the director of elections for the locality in which he serves.
See § 24.2-101.
5. Definition for Local 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.
6. Definition for Ballot scanner machine
The electronic counting machine in which a voter inserts a marked ballot to be scanned and the results tabulated.
See § 24.2-101.
7. Definition for Department of Elections
The state agency headed by the Commissioner of Elections.
See § 24.2-101.
8. Definition for Board
The State Board of Elections.
See § 24.2-101.
9. 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.
10. Definition for Election
A general, primary, or special election.
See § 24.2-101.
11. Definition for Candidate
A person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. “Candidate” shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§ 24.2-800 et seq.), 9.3 (§ 24.2-945 et seq.), and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§ 24.2-945 et seq.) and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§ 24.2-947 et seq.) of Chapter 9.3.
See § 24.2-101.