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1999 SESSION

995090745
SENATE BILL NO. 1123
Senate Amendments in [ ] -- January 28, 1999
A BILL to amend and reenact §§ 24.2-114, 24.2-116, 24.2-404, 24.2-531, 24.2-533, 24.2-604, 24.2-610, 24.2-611, 24.2-643, 24.2-651, 24.2-651.1, 24.2-652, 24.2-653, 24.2-656, 24.2-657, 24.2-658, 24.2-661, 24.2-662, 24.2-664, 24.2-668, 24.2-671, 24.2-711, and 24.2-802 of the Code of Virginia, relating to various elections procedures, precinct registered voter lists and pollbooks, voter count sheets, and the conduct of elections.
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Patrons-- Whipple, Gartlan, Hanger, Howell and Ticer; Delegates: Keating and Van Landingham
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Referred to Committee on Privileges and Elections
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Be it enacted by the General Assembly of Virginia:

1. That §§ 24.2-114, 24.2-116, 24.2-404, 24.2-531, 24.2-533, 24.2-604, 24.2-610, 24.2-611, 24.2-643, 24.2-651, 24.2-651.1, 24.2-652, 24.2-653, 24.2-656, 24.2-657, 24.2-658, 24.2-661, 24.2-662, 24.2-664, 24.2-668, 24.2-671, 24.2-711, and 24.2-802 of the Code of Virginia are amended and reenacted as follows:

§ 24.2-114. Duties and powers of general registrar.

In addition to the other duties required by this title, the general registrar, and the assistant registrars acting under his supervision, shall:

1. Maintain the office of the general registrar, establish and maintain additional public places for voter registration in accordance with the provisions of § 24.2-412, and participate in programs to educate the general public concerning registration and encourage registration by the general public. No registrar shall actively solicit, in a selective manner, any application for registration or for a ballot or offer anything of value for any such application.

2. Perform his duties within the county or city he was appointed to serve, except that a registrar may go into a county or city in the Commonwealth contiguous to his county or city to register voters of his county or city when conducting registration jointly with the registrar of the contiguous county or city.

3. Provide the appropriate forms for applications to register and to obtain the information necessary to complete the applications pursuant to the provisions of the Constitution of Virginia and general law.

3a. Indicate on the registration records for each accepted mail voter registration application form returned by mail pursuant to Article 3.1 (§ 24.2-416.1 et seq.) of Chapter 4 that the registrant has registered by mail. The general registrar shall fulfill this duty in accordance with the instructions of the State Board so that those persons who registered by mail are identified on the registration records, lists of registered voters furnished pursuant to § 24.2-405, lists of persons who voted furnished pursuant to § 24.2-406, and precinct registered voter lists used for the conduct of elections.

4. Accept a registration application submitted by or for a resident of any other county or city in the Commonwealth. Registrars shall process registration applications from residents of other counties and cities in accordance with written instructions from the State Board and shall forward the completed application to the registrar of the applicant's residence. Notwithstanding the provisions of § 24.2-416, the registrar of the applicant's residence shall recognize as timely any application submitted to any person authorized to receive voter registration applications pursuant to Chapter 4 (§ 24.2-400 et seq.), prior to or on the final day of registration. The registrar of the applicant's residence shall determine the qualification of the applicant and promptly notify the applicant at the address shown on the application of the acceptance or denial of his registration.

5. Preserve order at and in the vicinity of the place of registration. For this purpose, the registrar shall be vested with the powers of a conservator of the peace while engaged in the duties imposed by law. He may exclude from the place of registration persons whose presence disturbs the registration process. He may appoint special officers, not exceeding three in number, for a place of registration and may summon persons in the vicinity to assist whenever, in his judgment, it is necessary to preserve order. The general registrar and any assistant registrar shall be authorized to administer oaths for purposes of this title.

6. Maintain the official registration records for his county or city in the system approved by, and in accordance with the instructions of, the State Board; preserve the written applications of all persons who are registered; and preserve for a period of four years the written applications of all persons who are denied registration or whose registration is cancelled.

7. If a person is denied registration, promptly notify such person in writing of the denial and the reason for denial in accordance with § 24.2-422.

8. Verify the accuracy of the separatecombined precinct registered voter lists and pollbooks provided for each election by the State Board, make the lists available to the precincts, and return the lists to the State Board after each election for voting credit purposes.

9. After the return of the combined precinct registered voter lists and pollbooks by the State Board, retain the lists in his principal office for two years for any federal election and for one year for any other election.

10. Maintain accurate and current registration records and comply with the requirements of this title for the transfer, inactivation, and cancellation of voter registrations.

11. Whenever election districts, precincts, or polling places are altered, provide for entry into the voter registration system of the proper district and precinct designations for each registered voter whose districts or precinct have changed and notify each affected voter of changes affecting his districts or polling place by mail.

12. Whenever any part of his county or city becomes part of another jurisdiction by annexation, merger, or other means, transfer to the appropriate general registrar the registration records of the affected registered voters. The general registrar for their new county or city shall notify them by mail of the transfer and their new election districts and polling places.

13. When he registers any person who was previously registered in another state, notify the appropriate authority in that state of the person's registration in Virginia.

14. At the request of the county or city chairman of any political party nominating a candidate for the General Assembly, constitutional office, or local office by a method other than a primary, review any petition required by the party in its nomination process to determine whether those signing the petition are registered voters with active status.

15. Carry out such other duties as prescribed by the electoral board.

§ 24.2-116. Compensation of officers.

The governing body of each county, city, or town shall pay its officers of election at least thirty dollars for each day's service rendered on each election day. In addition, the governing body shall pay each officer ten dollars and mileage at the rate payable to members of the General Assembly for each time he delivers combined precinct registered voter lists and pollbooks and ballots to the polling place and each time he delivers returns and ballots to the appropriate official after the polls close.

§ 24.2-404. Duties of State Board.

The State Board shall provide for the continuing operation and maintenance of a central record-keeping system, the Virginia Voter Registration System, for all voters registered in the Commonwealth.

In order to operate and maintain the system, the Board shall:

1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.

2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.

3. Provide to each general registrar, voter registration cards for newly registered voters and for notice to registered voters on the system of changes and corrections in their registration records and polling places.

4. Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, or (v) is otherwise no longer qualified to vote as may be provided by law.

5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.

6. Provide to each general registrar, at least ten days prior to a general or primary election and three days prior to a special election, a list of all registered voters in the county or city, together with an alphabetical list of all registered voters in each precinct of the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the combined precinct registered voter lists and pollbooks.

7. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Board.

8. Use any source of information that may assist in carrying out the purposes of this section. All agencies of the Commonwealth shall cooperate with the State Board in procuring and exchanging identification information for the purpose of maintaining the voter registration system.

9. Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the State Board by law. Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.

§ 24.2-531. Voter count sheets, combined registered voter lists and pollbooks and ballot boxes.

There shall be voter count sheets, combined precinct registered voter lists and pollbooks in the form set forth in § 24.2-611, and a separate ballot box provided for each party taking part in any primary. The ballot box for each party shall have plainly marked upon its top the words "Primary Ballot Box" and the name of the party. The officers of election shall enter on the voter count sheets and the cover of the combined precinct registered voter list and pollbook, if not entered previously, the name of the party whose voters are recorded therein.

§ 24.2-533. Party chairman entitled to copy combined registered voter list and pollbook at own expense.

The chairman of the party shall be entitled, at his own expense, to copy the combined precinct registered voter list and pollbook retained by the clerk of court State Board after it has been returned by the secretary of the electoral board in accordance with § 24.2-671.

§ 24.2-604. Prohibited activities at polls; notice of prohibited area; presence of representatives of parties or candidates; simulated elections; penalties.

A. During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within forty feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place.

B. Prior to opening the polls, the officers of election shall post, in the area within forty feet of any entrance to the polling place, sufficient notices which state "Prohibited Area" in two-inch type. The notices shall also state the provisions of this section in not less than twenty-four-point type. The officers of election shall post the notices within the prohibited area to be visible to voters and the public.

C. The officers of election shall permit one authorized representative of each political party or independent candidate in a general election, or one authorized representative of each candidate in a primary or special election, to remain in the room in which the election is being conducted. If the combined precinct registered voter list and pollbook is divided into sections, the officers shall permit one such representative for each section, but no more than three representatives of any political party or independent candidate shall be permitted in the room at any one time. Each authorized representative shall be a qualified voter of the county or city within which the polling place is located. Each representative shall present to the officers of election a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. No candidate whose name is printed on the ballot shall serve as a representative of a party or candidate for purposes of this section.

D. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election.

E. The officers of election may require any person who is found by a majority of the officers present to be in violation of this section to remain outside of the prohibited area. Any person violating subsection A or D of this section shall be guilty of a Class 1 misdemeanor.

F. This section shall not be construed to prohibit a candidate from entering any polling place on the day of the election to vote or to visit the polling place for no longer than ten minutes provided that he complies with the restrictions stated above which are applicable to party and candidate representatives.

G. This section shall not be construed to prohibit a minor from entering a polling place on the day of the election to vote in a simulated election at that polling place, provided that the local electoral board has determined that such polling place can accommodate simulated election activities without interference or substantial delay in the orderly conduct of the official voting process. Persons supervising or working in a simulated election in which minors vote may remain within such polling place. The local electoral board and the chief officer for the polling place shall exercise authority over, but shall have no responsibility for the administration of, simulated election-related activities at the polling place.

§ 24.2-610. Materials at polling places.

A. The State Board shall provide copies of this title to each electoral board for each precinct in its county or city. The electoral board shall furnish a copy of this title to each precinct for the use of the officers of election on election day.

B. The State Board shall transmit to [ the secretary of each electoral board each general registrar ] combined precinct registered voter lists and pollbooks and voter count sheets for each precinct in [ its his ] county or city of sufficient size to contain the full names of all the voters in the precinct. The combined lists and pollbooks and voter count sheets shall be uniform throughout the Commonwealth.

C. The electoral board, general registrar, and officers of election shall comply with the requirements of this title and the instructions of the State Board to ensure that the combined precinct registered voter lists and pollbooks, ballots, precinct registered voter lists,voting equipment keys, and other materials and supplies required to conduct the election are delivered to the polling place before 6:00 a.m. on the day of the election and delivered to the proper official following the election.

§ 24.2-611. Form and signing of voter count sheets; use of combined precinct registered voter lists and pollbooks.

A. The following oath shall be on a form prescribed by the State Board, administered to all officers of election, and kept by the officers of election with the pollbook voter count sheet:

"I do solemnly swear (or affirm) that I will perform the duties for this election according to law and the best of my ability, and that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting this election."

The oath shall be administered to each officer of election by the general registrar, the secretary of the electoral board, or an officer of election designated by them, who shall be so identified on the form. The oath shall be signed by each officer of election and the person administering the oath. The pollbook voter count sheet shall be marked to identify the election for which it is used.

B. The State Board shall provide a second or a divisiblecombined precinct registered voter list to serve as the and pollbook for elections conducted on and after July 1, 1995 [ January April ] 1, 2000. The second or divisible list shall (i) provide a space for the officer of election to record the name and consecutive number of the voter at the time he offers to vote as indicated by the officer with the voter count sheet and (ii) be retained in accordance with the provisions governing pollbooks-the combined list in this title. The State Board shall provide a numerical check voter count sheet for elections conducted on and after [ January April ] 1, 2000, to be used to determine the consecutive number to be recorded with the name of the voter by the officer of election holding the combined precinct registered voter list and pollbook. The officer holding the voter count sheet shall mark each consecutive number on the sheet with the page and line number from the combined precinct registered voter list and pollbook for each voter who offers to vote. When the name and number of page and line numbers for the last qualified voter have been entered on the registered voter listvoter count sheet, the officer of election responsible for that listsheet shall sign a statement on the check sheet certifying the number of qualified registrants who have voted; and the officers of election shall sign the voter count sheet as provided in § 24.2-656. The State Board shall provide instructions to the local electoral boards, general registrars, and officers of election for the conduct of the election and for procedures for entering a voting record for each voter and recording each voter's name, including voters unable to enter the polling place, and for verifying the accurate entry of the voting record for each registrant on the Virginia Voter Registration System.

§ 24.2-643. Qualified voter permitted to vote; procedures at polling place.

A. After the polls are open, each qualified voter at a precinct shall be permitted to vote. The officers of election shall ascertain that a person offering to vote is a qualified voter before admitting him to the voting booth and furnishing an official ballot to him.

B. An officer of election shall ask the voter for his full name and current residence address and repeat, in a voice audible to party and candidate representatives present, the full name and address stated by the voter. The officer shall ask any voter, who is subject to the requirement to vote in person pursuant to subsection B of § 24.2-416.1, to present any one of the following forms of identification: his Commonwealth of Virginia voter registration card, his social security card, any preprinted form of identification which shows his name and address, any preprinted form of identification which shows his name and signature, or any preprinted form of identification which shows his name and photograph.

If the voter's name is found on the combined precinct registered voter list and pollbook, if he is qualified to vote in the election, and if no objection is made, an officer shall mark the voter's name on the registered voter list, an officer shall and enter, opposite the voter's preprinted name on the pollbooklist, the first or next consecutive number from the voter count formsheet provided by the State Board,; an officer shall mark on the voter count sheet the page and line numbers for the voter from the combined list and pollbook in the box with the appropriate voter’s count number; an officer shall provide the voter with the official ballot,; and another officer shall admit him to the voting booth.

If a voter, who is subject to the requirement to vote in person pursuant to subsection B of § 24.2-416.1, is entitled to vote except that he is unable to present one of the forms of identification listed above, he shall be allowed to vote after signing a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter who he claims to be.

A voter may be accompanied into the voting booth by his child age fifteen or younger.

C. If the current residence address stated by the voter is different from the address shown on the registered voter list, the officer of election shall furnish the voter with a change of address form prescribed by the State Board. Upon its completion, the voter shall sign the prescribed form, subject to felony penalties for making false statements pursuant to § 24.2-1016, which the officer of election shall then place in an envelope provided for such forms for transmission to the general registrar who shall then transfer or cancel the registration of such voter pursuant to Chapter 4 (§ 24.2-400 et seq.) of this title.

D. At the time the voter is asked his full name and current residence address, the officer of election shall ask any voter for whom an identification number other than a social security number is recorded on the combined precinct registered voter list and pollbook if he presently has a social security number and note that number on the list if the voter is able to provide it. Any social security numbers so provided shall be entered by the general registrar in the voter's record on the voter registration system.

§ 24.2-651. Voter who is challenged; how challenge tried.

Any qualified voter may, and the officers of election shall, challenge the vote of any person who is listed on the combined precinct registered voter list and pollbook but is known or suspected not to be a qualified voter.

When any person is challenged, an officer shall explain to him the qualifications of a voter and may examine him concerning his qualifications.

The officers of election are hereby authorized to administer the necessary oath or affirmation to any witness brought before them to testify as to the qualifications of any person offering to vote.

If the person being challenged insists that he is qualified and the challenge is not withdrawn, one of the officers shall give him a form containing the following statement:

"I do hereby state, subject to felony penalties for making false statements

pursuant to § 24.2-1016, that I am a citizen of the United States, that I am

at least eighteen years of age (or will be on the

....................................................... day of ..., ) that

I am a resident of the Commonwealth of Virginia (or that I have been a

resident of this Commonwealth within the preceding thirty days and am voting

only for electors of President and Vice-President of the United States), and

that, according to the best of my knowledge, information and belief, I am not

disqualified from voting by the Constitution and laws of this Commonwealth;

that my full name is ...; that in such name I was duly registered as a voter

of this precinct; that I am now or at some time since the last November

general election have been an actual resident of this precinct or that I have

been an actual resident of this precinct at some time since the second

preceding general federal election and have been and continue to be a resident

of this county or city and this congressional district; that I am the

identical person I represent myself to be; and that I have not voted in this

election at this or any voting place and will not vote in this election at any

other voting place."

If the person challenged refuses to sign the statement, he shall not be permitted to vote. If, however, he signs the statement, he shall be permitted to vote on the voting system in use at the precinct.

When the voter has signed the statement and is permitted to vote, the officers of election shall indicate on the combined precinct registered voter list and pollbook, after the name of such person, that he has signed the required statement.

If the envelope containing a voted absentee ballot has been properly signed by the voter, such ballot shall not be subject to challenge pursuant to this section.

§ 24.2-651.1. Voter who is shown as having already voted; challenge and procedure for voting; voter identification.

The officers of election shall challenge the vote of any person who offers to vote, who is listed on the precinct registered voter list, and whose name is marked to indicate that he has already voted in person in the election.

When the person is challenged, an officer shall explain to him the basis for the challenge. If the person being challenged states that he has not voted and is qualified, an officer shall ask the voter to present one of the following forms of identification: his Commonwealth of Virginia voter registration card, his social security card, any preprinted form of identification which shows his name and address, any preprinted form of identification which shows his name and signature, or any preprinted form of identification which shows his name and photograph.

If the person presents the requested form of identification showing him to be the person listed on the precinct registered voter list, an officer of election shall give him the form set out in § 24.2-651 for the person to sign subject to felony penalties for making false statements pursuant to § 24.2-1016.

If the person challenged refuses to sign the statement, he shall not be permitted to vote. If, however, he signs the statement, he shall be permitted to vote on the voting system in use at the precinct.

When the voter has shown the requested identification, has signed the statement, and is permitted to vote, the officers of election shall mark the combined precinct registered voter listslist and pollbook and shall indicate that the person has signed the required statement in accordance with the instructions of the State Board of Elections.

§ 24.2-652. Voter whose name erroneously omitted from combined precinct registered voter list and pollbook.

When a person offers to vote and his name does not appear on the combined precinct registered voter list and pollbook, the officers of election shall permit him to vote only if all of the following conditions are met:

1. An officer of election is informed by the general registrar that the voter is registered to vote, that his registration has not been cancelled, and that his name is erroneously omitted from the precinct registered voterlist.

2. The voter signs a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is a qualified and registered voter of that precinct, a resident of that precinct, and his registration is not subject to cancellation pursuant to §§ 24.2-430, 24.2-431, and 24.2-432; and he provides, subject to such penalties, all the information required to identify himself including social security number, if any, full name including the maiden or any other prior legal name, birthdate, and complete address.

3. The officer of election enters the identifying information for the voter on the combined precinct registered voter list and pollbook.

When the voter has signed the statement and is permitted to vote, the officers of election shall indicate on the pollbooklist, after the name of such person, that he has signed the required statement.

§ 24.2-653. Voter whose name does not appear on combined precinct registered voter list and pollbook.

A. When a person offers to vote pursuant to § 24.2-652 and the general registrar is not available or cannot state that the person is registered to vote, then such person shall be allowed to vote by paper ballot in the manner provided in this section.

Such person shall be given a paper ballot and provide, subject to the penalties for making false statements pursuant to § 24.2-1016, on a green envelope supplied by the State Board, the identifying information required in § 24.2-652. The officers of election shall enter the appropriate information for the person on the combined precinct registered voter list and pollbook but not mark his name as having voted nor enter it on the precinct pollbookmark the voter count sheet for the voter.

The voter shall then, in the presence of an officer of election, but in a secret manner, mark the ballot as provided in § 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then be placed in the ballot box by an officer of election.

An officer of election shall inform the voter that a determination of his right to vote shall be made by the electoral board on the following day and advise the voter of the beginning time and place for the board's meeting.

B. The votes cast pursuant to subsection A, in their unopened envelopes, shall be sealed in a special envelope marked "Conditional Votes," inscribed with the number of envelopes contained therein, and signed by the officers of election who counted them. All conditional votes envelopes shall be delivered either (i) to the clerk of the circuit court who shall deliver all such envelopes to the secretary of the electoral board or (ii) to the general registrar in localities in which the electoral board has directed delivery of election materials to the general registrar pursuant to § 24.2-668.

The electoral board shall meet on the day following the election and determine whether each person having cast such a ballot was entitled to do so. One authorized representative of each political party or independent candidate in a general election or one authorized representative of each candidate in a primary or special election, who is a qualified voter of the city or county, shall be permitted to remain in the room in which the determination is being made so long as he does not impede the orderly conduct of the determination.

If the electoral board determines that such person was not entitled to vote, or is unable to determine his right to vote, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to § 24.2-114 those persons found not properly registered.

If the electoral board determines that such person was entitled to vote, the combined precinct registered voter list and pollbook shall be so marked, the name of the voter shall be entered in a conditional votes pollbook, the envelope shall be opened, and the ballot placed in a ballot box without any inspection further than that provided for in § 24.2-646.

On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote.

The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.

§ 24.2-656. Officers to sign voter count sheet.

As soon as the last absentee ballot, if any, is cast, the officers of election shall write on the pollbookvoter count sheet, in accordance with their instructions, the words "Polls Closed," the date of the election, and the time of their endorsement. They shall sign the pollbookvoter count sheet immediately following their endorsement and proceed to ascertain the vote.

§ 24.2-657. Determination of vote on voting equipment.

In the presence of all persons who may be present lawfully at the time, giving full view of the voting equipment and counters or printed return sheets, the officers of election shall determine and announce the results as shown by the counters or printed return sheets, including the votes recorded for each office on the write-in ballots, and shall also announce the vote on every question. The vote as registered shall be entered on the statement of results. When completed, the statement shall be compared with the number on the counters on the equipment or on the printed return sheets. If, on all mechanical or direct electronic voting devices, the number of persons voting in the election, or the number of votes cast for any office or on any question, totals more than the number of names voters indicated on the pollbooks voter count sheets of persons voting on the devices, then the figures recorded by the devices shall be accepted as correct. A statement to that effect shall be entered by the officers of election in the space provided on the statement of results.

§ 24.2-658. Devices with printed return sheets; disposition of sheets.

If devices that print returns are used, the printed inspection sheet and two copies of the printed return sheet containing the results of the election for each device shall be inserted in the envelope containing the pollbooks voter count sheets by the officers of election and sealed and returned as required by § 24.2-668.

The printed inspection sheets and one copy of the printed return sheets shall be kept with the pollbooks the voter count sheets and preserved as provided in § 24.2-66924.2-668.

One copy of the printed return sheets shall be made available by the clerk of the circuit court on the day following the election and for sixty additional days for inspection and transcribing information therefrom by the public.

§ 24.2-661. Detection and setting aside of double ballots.

After the votes on all voting and counting equipment have been determined and recorded, the officers of election shall proceed to examine and count the paper ballots to ascertain if any double ballots have been cast, and whether the number of ballots corresponds with the number of names on the combined precinct registered voter lists and pollbooks of persons who voted on paper ballots. If two or more separate ballots are found so folded together as to represent the appearance of a single ballot they shall be laid aside until the count of the ballots is completed. If, upon a comparison of the count and the number of names of such qualified voters on the combined lists and pollbooks, it appears that the two or more ballots thus folded together were cast by the same qualified voter, they shall be set aside and not counted.

§ 24.2-662. Procedure when paper ballots exceed names on combined precinct registered voter lists and pollbooks.

If the ballots in the box exceed the number of names on the combined precinct registered voter lists and pollbooks of persons who voted on paper ballots, all ballots shall be replaced in the ballot box. Then, after the box is well shaken, an officer of election, being blindfolded, shall withdraw a sufficient number of ballots to reduce the number of ballots left in the box to the number of such names on the pollbookslists. The drawn ballots shall be set aside and not counted.

§ 24.2-664. Reduction in number of ballots.

Whenever the number of ballots is reduced by fraudulent or void ballots below the number of names of qualified voters on the combined precinct registered voter lists and pollbooks who voted on paper ballots, the cause of such reduction shall be stated in the space provided on the statement of results.

§ 24.2-668. Voter count sheets, 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 pollbooksvoter count sheets, 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 voter count sheets, statements, and return 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 pollbooksvoter count sheets until the time has expired for initiating a recount, contest, or other proceeding in which the pollbooksvoter count sheets may be needed as evidence and there is no proceeding pending. After that time the clerk shall deliver the pollbooksvoter count sheets to the general registrar who shall preserve them for five 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 voter count sheets, 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

§ 24.2-671. Electoral board to meet and ascertain results; conclusiveness of results.

Each electoral board shall meet at the clerk's office of the county or city for which they are appointed at or before 5:00 p.m. on the day after any election. The board may adjourn to the principal office of the general registrar. It shall open the returns delivered to the clerk's office by the officers.

If the electoral board has exercised the option provided by § 24.2-668 for delivery of the election materials to the office of the general registrar on the night of the election, the electoral board shall meet at the office of the general registrar at or before 5:00 p.m. on the day after any election.

The board shall ascertain from the returns the total votes in the county or city, or town in a town election, for each candidate and for and against each question and complete the abstract of votes cast at such election, as provided for in § 24.2-675. For any office for which the total number of write-in votes for that office is less than (i) five percent of the total number of votes cast for that office and (ii) the total number of votes cast for the candidate receiving the most votes, the electoral board shall ascertain the total votes for each write-in candidate for the office within one week following the election. For offices for which the electoral board issues the certificate of election, the result so ascertained, signed and attested, shall be conclusive and shall not thereafter be subject to challenge except as specifically provided in Chapter 8 (§ 24.2-800 et seq.) of this title.

Once the result is so ascertained, the secretary of the electoral board shall deliver one copy of each statement of results to the general registrar to be available for inspection when his office is open for business. The secretary shall then return all pollbooksvoter count sheets, any printed inspection and return sheets, and one copy of each statement of results to the clerk. The secretary shall deliver the combined precinct registered voter lists and pollbooks to the State Board for preparation of lists of voters who have voted.

§ 24.2-711. Duties of officers of election.

Before the polls open, the officers of election at each precinct shall mark, for each person on the absentee voter applicant list, the letters "AB" (meaning absentee ballot) in the voting record column on the combined precinct registered voter list and pollbook.

Before the polls open, the chief officer of election shall post the copy of the absentee voter applicant list in the polling place.

If a voter, whose name appears on the absentee voter applicant list, has not returned an unused ballot and offers to vote in his precinct, the officers of election in the precinct shall determine the matter pursuant to § 24.2-708 or, if the locality has a central absentee voter precinct, shall refuse to give him a ballot and shall refer him to the officers of the absentee precinct for an appeal pursuant to § 24.2-712.

After the close of the polls, the container of absentee ballots shall be opened by the officers of election. As each ballot envelope is removed from the container, the name of the voter shall be called and checked as if the voter were voting in person. If the voter is found entitled to vote, his name shall be enteredmarked appropriately in the combined precinct registered voter list and pollbook. The ballot envelope shall then be opened, and the ballot deposited in the ballot box without being unfolded or examined. If the voter is found not entitled to vote, the unopened envelope shall be rejected. A majority of the officers shall write and sign a statement of the cause for rejection on the envelope or on an attachment to the envelope.

When all ballots have been accounted for and either voted or rejected, the officers shall place the empty ballot envelopes, the return envelopes, and any rejected ballot envelopes, in one envelope provided for the purpose and seal and deliver it with the ballots cast at the election as provided in this title.

§ 24.2-802. Procedure for recount.

A. Within seven days of the filing of the petition, the chief judge of the circuit court shall call a preliminary hearing at which (i) motions may be disposed of and (ii) the rules of procedure may be fixed, both subject to review by the full court. As part of the preliminary hearing, the chief judge may permit the petitioner and his counsel, together with each other party and his counsel and at least two members of the electoral board and the custodians, to examine any mechanical or direct electronic voting device of the type that prints returns when the print-out sheets are not clearly legible. The chief judge, subject to review by the full court, may set the place or places for the recount and may order the delivery of election materials to a central location and the transportation of voting devices to a central location in each county or city under appropriate safeguards.

After the full court is appointed under § 24.2-801, it shall call a hearing at which all motions shall be disposed of and the rules of procedure shall be fixed finally. The court shall call for the advice and cooperation of the State Board or any local electoral board, as appropriate, and such boards shall have the duty and authority to assist the court.

B. The court shall permit each candidate, or petitioner and governing body or chief executive officer, to select an equal number of the officers of election to be recount officials and to count ballots, or in the case of mechanical or direct electronic voting devices to redetermine the vote. The number shall be fixed by the court and be sufficient to conduct the recount within a reasonable period. The court may permit each party to the recount to submit a list of alternate officials in the number the court directs. There shall be at least one team of recount officials to recount paper ballots and to redetermine the vote cast on mechanical or direct electronic devices of the type that prints returns for the election district at large in which the recount is being held. There shall be at least one team from each locality in the election district to redetermine the vote on other types of mechanical voting devices. There shall be at least one team from each locality using electronic counting devices to insert the ballots into one or more counting devices. The counting devices shall be programmed to count only votes cast for parties to the recount or for or against the question in a referendum recount. Each team shall be composed of one representative of each party.

The court may provide that if, at the time of the recount, any recount official fails to appear, the remaining recount officials present shall appoint substitute recount officials who shall possess the same qualifications as the recount officials for whom they substitute. The court may select pairs of recount coordinators to serve for each county or city in the election district who shall be members of the county or city electoral board and represent different political parties. The court shall have authority to summon such officials and coordinators. On request of a party to the recount, the court shall allow each party to appoint one representative observer for each team of recount officials. The expenses of its representatives shall be borne by each party.

C. The court (i) shall supervise the recount and (ii) may require delivery of any or all voter count sheets and combined precinct registered voter lists and pollbooks used, any or all ballots cast at the election, and absentee ballots sought to be cast but ruled invalid or may assume supervision thereof through the recount coordinators and officials. At the conclusion of the recount of each precinct, the recount officials shall write down (i) in the case of mechanical or direct electronic voting devices the redetermination of the vote and (ii) the number of valid ballots cast, this number being obtained from the ballots cast in the precinct, or from the ballots cast as shown on the statement of results if the ballots cannot be found, for each of the two candidates or for and against the question. They shall submit the ballots or the statement of results used, as to the validity of which questions exist, to the court. The written statement of any one recount official challenging a ballot shall be sufficient to require its submission to the court. For purposes of redetermining the vote cast by any mechanical or direct electronic voting device that prints returns, the printed return sheets shall be sufficient evidence of the count. If, on all mechanical or direct electronic voting devices, the number of persons voting in the election, or the number of votes cast for the office or on the question, totals more than the number of names on the pollbooks of persons voting on the devices, the figures recorded by the devices shall be accepted as correct.

At the conclusion of the recount of all precincts, after allowing the parties to inspect the questioned ballots, and after hearing arguments, the court shall rule on the validity of all questioned ballots and votes. By an appropriate order, the court shall certify to the State Board and the electoral board or boards (i) the vote for each party to the recount and declare the person who received the higher number of votes to be nominated or elected, as appropriate, or (ii) the votes for and against the question and declare the outcome of the referendum.

D. Costs of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition.

E. The court shall determine the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve.

F. Any petitioner who may be assessed with costs under subsection D of this section shall post a bond with surety with the court in the amount of ten dollars per precinct in the area subject to recount. If the petitioner wins the recount, the bond shall not be forfeit. If the petitioner loses the recount, the bond shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond, he shall be liable for such excess.

G. The recount proceeding shall be final and not subject to appeal.

2. That the provisions of this act shall become effective on [ January 1, 2000 April 1, 2000; however, the State Board of Elections shall be authorized to conduct pilot or test programs on and after July 1, 1999, to prepare for the implementation of the provisions of this act. ]