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Developed and maintained by the Division of Legislative Automated Systems.
2017 SESSION
17105383DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-671.1 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-671.1. Audits of ballot scanner machines.
A. The State Board Department of Elections shall
be authorized to conduct coordinate a post-election risk-limiting
audit annually of one or more ballot scanner machines in one
or more precincts in one or more localities with respect to an election in
which the margin between the top two candidates for each office on the ballot
exceeds 10 percent, with the consent of the electoral board of the locality,
notwithstanding any other provision of law to the contrary in use in the
Commonwealth. The localities selected for the audit shall be chosen at random
with every locality participating in the Department's annual audit at least
once during a five-year period. The purposes purpose of the
audits shall be to study the accuracy of ballot scanner machines.
B. No audit conducted pursuant to this section shall
commence until after the election has been certified and the period to initiate
a recount has expired without the initiation of a recount, unless such audit
is being conducted as part of a voting system certification. An audit shall
have no effect on the election results.
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 State Board
Department under the supervision of the local electoral board. The
procedures established by the State Board 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 local electoral board
Department shall announce publicly the results of the audit of the
machines in its jurisdiction submit a report to the State Board. The
announcement 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.