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2016 SESSION
16101491DBe it enacted by the General Assembly of Virginia:
1. That §§ 24.2-626 and 24.2-627 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-626. Governing bodies shall acquire electronic voting systems.
A. The
governing body of each county and city shall provide for the use of an electronic voting or counting machines system, 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
machines 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 DREs from another locality within the Commonwealth, from among their
existing inventories, for the expressed purpose of providing accessible voting
equipment as required by § 24.2-626.1. 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.
4. Any locality may
modify its existing DREs to comply with federal or state law requirements to
provide accessible voting equipment. Any modifications made to existing DREs
must be authorized by the State Board of Elections prior to modification.
B. On and after July 1, 2017, no county or city shall use any direct recording electronic machine (DRE) in elections in the county or city.
§ 24.2-627. Electronic voting systems; number required.
A. The governing body of
any county or city that adopts for use at elections direct recording electronic
machines shall provide for each precinct at least the following number of
voting machines:
In each precinct having
not more than 750 registered voters, 1;
In each precinct having
more than 750 but not more than 1,500 registered voters, 2;
In each precinct having
more than 1,500 but not more than 2,250 registered voters, 3;
In each precinct having
more than 2,250 but not more than 3,000 registered voters, 4;
In each precinct having
more than 3,000 but not more than 3,750 registered voters, 5;
In each precinct having
more than 3,750 but not more than 4,500 registered voters, 6;
In each precinct having
more than 4,500 but not more than 5,000 registered voters, 7.
B.
The governing body of any county or city that adopts for use at elections
ballot scanner machines shall provide for each precinct at least one voting
booth with a marking device for each 425 registered voters or portion thereof
and shall provide for each precinct at least one scanner. However, each
precinct having more than 4,000 registered voters shall be provided with not
less than two scanners at a presidential election, unless the governing body,
in consultation with the general registrar and the electoral board, determines
that a second scanner is not necessary at any such precinct on the basis of
voter turnout and the average wait time for voters in previous presidential
elections.
C. B. The local electoral board of
any county or city shall be authorized to conduct any May general election,
primary election, or special election held on a date other than a November
general election with the number of voting or
counting machines systems
it determines is appropriate for each precinct, notwithstanding the provisions
of subsections subsection A and B.
D. C. For purposes of applying
this section, an electoral board may exclude persons voting absentee in its
calculations, and if it does so, the electoral board shall send to the
Department a statement of the number of voting systems to be used in each
precinct. If the State Board finds that the number of voting systems is not
sufficient, it may direct the local board to use more voting systems.
2. That the provisions of this act amending § 24.2-627 shall become effective on July 1, 2017.