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2018 SESSION

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HB 1210 Post-election audits; definition.

Introduced by: Timothy D. Hugo | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Post-election audits. Defines "post-election audit" to mean a process conducted after an election to confirm the accurate reporting of the results of the election and directs the State Board of Elections to establish a work group tasked with developing standards and procedures for conducting post-election audits in the Commonwealth. The work group is required, at a minimum, to (i) consider the types of post-election audits available and being implemented in other states, (ii) recommend the type of post-election audit to be used in the Commonwealth, (iii) establish the process and procedures for conducting the recommended post-election audit, including the timeline, (iv) recommend actions to be taken if the post-election audit results indicate that the voting systems did not accurately count the ballots cast in the election, and (v) propose legislation for implementing the work group's recommendations. The work group is directed to submit an interim progress report by January 7, 2019, and a final report by December 1, 2019, to the Governor and the General Assembly. The bill repeals the current law regarding post-election risk-limiting audits.

SUMMARY AS INTRODUCED:

Post-election risk-limiting audits. Requires electoral boards and general registrars to conduct post-election risk-limiting audits with a five percent risk limit for federal and statewide election contests for every election in which a voting system is used. The risk-limiting audit is required to be completed prior to certifying the results of the election being audited. The risk-limiting audits are to be conducted in accordance with standards and procedures developed by the State Board of Elections (State Board). The bill provides that representatives of candidates and political parties and other lawfully present observers are entitled to observe the risk-limiting audit and requires that they be able to adequately monitor the audit process to determine whether it has been carried out correctly and to evaluate whether the correct ballots were audited and whether they agree with the auditors' determination of voter intent for each audited ballot. Voter intent during the risk-limiting audit is to be determined manually and directly from original, voter-verifiable ballots cast and counted in the election and from paper record copies. The bill provides that the State Board may order a partial or full recount of an election or may issue a writ for a new election if it determines that an elections official failed to comply with the requirements for conducting the risk-limiting audit. The State Board is directed to convene a work group to assist with the development of standards and procedures for preparing for and conducting post-election risk-limiting audits, and the work group, through the State Board, shall submit to the Governor and General Assembly an interim progress report by December 1, 2018, and a final report by December 1, 2019, of the standards and procedures for preparing for and conducting post-election risk-limiting audits and any legislative proposals that may be necessary to implement and administer the audits. The bill repeals the current law regarding risk-limiting audits, and the new post-election risk-limiting audit process does not become effective unless reenacted by the 2020 Session of the General Assembly.