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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-668 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-668. Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar.
A. After ascertaining the results and before adjourning, the officers shall put the pollbooks, the duplicate statements of results, and any printed inspection and return sheets in the envelopes provided by the State Board. The officers shall seal the envelopes and direct them to the clerk of the circuit court for the county or city. The pollbooks, statements, and sheets thus sealed and directed, the sealed counted ballots envelope or container, and the unused, defaced, spoiled and set aside ballots properly accounted for, packaged and sealed, shall be conveyed by one of the officers to be determined by lot, if they cannot otherwise agree, to the clerk of court by noon on the day following the election.
The clerk shall retain custody of the pollbooks until the time has expired for
initiating a recount, contest, or other proceeding in which the pollbooks may
be needed as evidence and there is no proceeding pending. After that time the
clerk shall deliver the pollbooks to the general registrar who shall preserve
them for five two years from the date of the election. The clerk shall retain
the statement of results and any printed inspection and return sheets for two years and may then
destroy them.
B. The local electoral board may direct that the officers of election, in lieu of conveying the materials to the clerk of the circuit court as provided in subsection A of this section, shall convey the materials to the principal office of the general registrar on the night of the election. The general registrar shall secure and retain the materials in his office and shall convey to the clerk of the court by noon of the day following the election all of the election materials, except the envelopes containing the "Conditional Votes," and the envelopes containing the pollbooks, the statements of results and, if mechanical voting machines are used, one copy of the printed return sheet from each machine. Following the ascertainment of the results of the election by the electoral board, the general registrar shall retain for public inspection one copy of the statement of results and shall immediately convey to the clerk sealed envelopes containing all remaining election materials.