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2011 SESSION

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11104697D
SENATE BILL NO. 1340 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 1, 2011) (Patron Prior to Substitute--Senator Puller) A BILL to amend and reenact § 24.2-626 of the Code of Virginia, relating to elections; electronic voting equipment and systems.

Be it enacted by the General Assembly of Virginia:

1.  That § 24.2-626 of the Code of Virginia is amended and reenacted as follows:

§ 24.2-626. Governing bodies shall acquire electronic voting or counting systems.

The governing body of each county and city shall provide for the use of electronic voting or counting 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.

On and after July 1, 2007, no county or city shall acquire any direct recording electronic machine (DRE) for use in elections in the county or city except as provided herein:

1. DREs acquired prior to July 1, 2007, may be used in elections in the county or city for the remainder of their useful life.

2. Any locality that acquired DREs prior to July 1, 2007, may acquire DREs on a temporary basis to conduct an election when the existing DRE inventory is insufficient to conduct the election because all or part of its inventory is under lock or seal as required by § 24.2-659.

3. Any locality may acquire accessible DREs from another locality within the Commonwealth, from among their existing inventories, for the expressed express purpose of providing accessible voting equipment as required by § 24.2-626.1. However, the number of accessible DREs acquired under this subdivision shall not cause the locality's total number of accessible DREs to exceed two times the number of voting sites in the locality. The local electoral board shall notify the State Board when acquiring any DRE under this provision and shall certify to the State Board that the DRE acquired under this provision is necessary to meet accessible voting requirements. For purposes of this section, "accessible DRE" means a DRE suitable for use by individuals with disabilities as specified in § 24.2-626.1, and "voting site" means either a precinct or a location used for in-person absentee voting in the previous presidential election as specified in § 24.2-707.