HB104: Voting equipment; locking and sealing of voting and counting machines after election.
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-659 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-659. Locking voting and counting machines after election and delivering keys to clerk; printed returns as evidence.
A. If the voting or counting machine is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of the election to the clerk of the circuit court where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions and deliver the envelope to the clerk of the circuit court by noon on the day following the election.
B. If the voting or counting machines are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held.
C. If the voting or counting machine is secured by
removal of the data storage device used in that election, the officers shall
remove the data storage device and proceed to lock and seal each machine. The
data storage device shall be enclosed in an envelope that shall be sealed and
have endorsed thereon a certificate of an officer of election stating the
election precinct, the number of each machine, the number on the seal, and the
number of the protective counter, if one, on the machine. The sealed envelope
shall be delivered by one of the officers of election to the clerk of the
circuit court where the election was held. The equipment keys used at the polls
shall be sealed in a different envelope and delivered to the clerk who shall
release them to the electoral board upon request or at the expiration of the
time specified by this section subsection F.
D. If the voting or counting machine provides for the
creation of a separate master electronic back-up on a data storage device that
combines the data for all of the voting or counting machines in a given
precinct, that data storage device shall be enclosed in an envelope that shall
be sealed and have endorsed thereon a certificate of an officer of election
stating the name of the precinct. The sealed envelope shall be delivered by one
of the officers of election to the clerk of the circuit court where the
election was held. The data storage device for the individual machines may
remain sealed in its individual machine until the expiration of the time
specified by this section subsection F. The equipment keys and
the electronic activation devices used at the polls shall be sealed together in
a separate envelope and delivered to the clerk who shall release them to the
electoral board upon request or at the expiration of the time specified by
this section subsection F.
E. If the voting or counting machine is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. Each such machine shall remain locked and sealed until it is returned to the site at which voting and counting machines are stored in the locality. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the electoral board no later than noon on the day after the election.
F. The voting and counting machines described in
subsections A, B, C, and D shall remain locked and sealed until the
deadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passed
and, if any contest or recount is pending thereafter, until it has been
concluded. The Such machines and any envelope containing data
storage devices shall be opened and all data examined only (i) on the order
of a court of competent jurisdiction or (ii) on the request of an authorized
representative of the State Board or the electoral board at the direction of
the State Board in order to ensure the accuracy of the returns. In the event
that machines and data storage devices are examined under clause (ii)
of this paragraph, each political party and each independent candidate on
the ballot, or each primary candidate, shall be entitled to have a
representative present during such examination. The representatives and
observers lawfully present shall be prohibited from interfering with the
officers of election in any way. The State Board or local electoral board shall
provide such parties and candidates reasonable advance notice of the
examination.
When recounts occur in precincts using direct recording electronic machines with printed return sheets, the printed return sheets delivered to the clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shall return all voting equipment keys and data storage devices to the electoral board.
B. G. The local electoral board may direct
that the officers of election and custodians, in lieu of conveying the
that any sealed equipment keys or data storage devices that are
otherwise required by the provisions of this section to be delivered to the
clerk of the circuit court as provided in subsection A, shall convey them
shall instead be delivered to the principal office of the general registrar
on the night of no later than noon on the day following the
election. The general registrar shall secure and retain the sealed equipment
keys and any other electronic locking or activation devices in his office and
shall convey them to the clerk of the court by noon of on the day
following the ascertainment of the results of the election by the electoral
board.
H. The provisions of this section requiring the locking and sealing of voting and counting machines shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device.
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-659 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-659. Locking voting and counting machines after election and delivering keys to clerk; printed returns as evidence.
A. If the voting or counting machine is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of the election to the clerk of the circuit court where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions and deliver the envelope to the clerk of the circuit court by noon on the day following the election.
B. If the voting or counting machines are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held.
C. If the voting or counting machine is secured by
removal of the data storage device used in that election, the officers shall
remove the data storage device and proceed to lock and seal each machine. The
data storage device shall be enclosed in an envelope that shall be sealed and
have endorsed thereon a certificate of an officer of election stating the
election precinct, the number of each machine, the number on the seal, and the
number of the protective counter, if one, on the machine. The sealed envelope
shall be delivered by one of the officers of election to the clerk of the
circuit court where the election was held. The equipment keys used at the polls
shall be sealed in a different envelope and delivered to the clerk who shall
release them to the electoral board upon request or at the expiration of the
time specified by this section subsection F.
D. If the voting or counting machine provides for the
creation of a separate master electronic back-up on a data storage device that
combines the data for all of the voting or counting machines in a given
precinct, that data storage device shall be enclosed in an envelope that shall
be sealed and have endorsed thereon a certificate of an officer of election
stating the name of the precinct. The sealed envelope shall be delivered by one
of the officers of election to the clerk of the circuit court where the
election was held. The data storage device for the individual machines may
remain sealed in its individual machine until the expiration of the time
specified by this section subsection F. The equipment keys and
the electronic activation devices used at the polls shall be sealed together in
a separate envelope and delivered to the clerk who shall release them to the
electoral board upon request or at the expiration of the time specified by
this section subsection F.
E. If the voting or counting machine is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the electoral board no later than noon on the day after the election.
F. The voting and counting machines described in
subsections A, B, C, and D shall remain locked and sealed until the
deadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passed
and, if any contest or recount is pending thereafter, until it has been
concluded. The Such machines and any envelope containing data
storage devices shall be opened and all data examined only (i) on the order
of a court of competent jurisdiction or (ii) on the request of an authorized
representative of the State Board or the electoral board at the direction of
the State Board in order to ensure the accuracy of the returns. In the event
that machines and data storage devices are examined under clause (ii)
of this paragraph, each political party and each independent candidate on
the ballot, or each primary candidate, shall be entitled to have a representative
present during such examination. The representatives and observers lawfully
present shall be prohibited from interfering with the officers of election in
any way. The State Board or local electoral board shall provide such parties
and candidates reasonable advance notice of the examination.
When recounts occur in precincts using direct recording electronic machines with printed return sheets, the printed return sheets delivered to the clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shall return all voting equipment keys and data storage devices to the electoral board.
B. G. The local electoral board may direct
that the officers of election and custodians, in lieu of conveying the
that any sealed equipment keys or data storage devices that are
otherwise required by the provisions of this section to be delivered to the
clerk of the circuit court as provided in subsection A, shall convey them
shall instead be delivered to the principal office of the general registrar
on the night of no later than noon on the day following the
election. The general registrar shall secure and retain the sealed equipment
keys and any other electronic locking or activation devices in his office and
shall convey them to the clerk of the court by noon of on the day
following the ascertainment of the results of the election by the electoral
board.
H. The provisions of this section requiring the locking and sealing of voting and counting machines shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device.
HOUSE BILL NO. 104
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-659 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-659. Locking voting and counting machines after election and delivering keys to clerk; printed returns as evidence.
A. If the voting or counting machine is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of the election to the clerk of the circuit court where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions and deliver the envelope to the clerk of the circuit court by noon on the day following the election.
B. If the voting or counting machines are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held.
C. If
the voting or counting machine is secured by removal of the data storage device
used in that election, the officers shall remove the data storage device and
proceed to lock and seal each machine. The data storage device shall be
enclosed in an envelope that shall be sealed and have endorsed thereon a
certificate of an officer of election stating the election precinct, the number
of each machine, the number on the seal, and the number of the protective
counter, if one, on the machine. The sealed envelope shall be delivered by one
of the officers of election to the clerk of the circuit court where the
election was held. The equipment keys used at the polls shall be sealed in a
different envelope and delivered to the clerk who shall release them to the
electoral board upon request or at the expiration of the time specified by this section subsection F.
D. If
the voting or counting machine provides for the creation of a separate master
electronic back-up on a data storage device that combines the data for all of
the voting or counting machines in a given precinct, that data storage device
shall be enclosed in an envelope that shall be sealed and have endorsed thereon
a certificate of an officer of election stating the name of the precinct. The
sealed envelope shall be delivered by one of the officers of election to the
clerk of the circuit court where the election was held. The data storage device
for the individual machines may remain sealed in its individual machine until
the expiration of the time specified by this section subsection F.
The equipment keys and the electronic activation devices used at the polls
shall be sealed together in a separate envelope and delivered to the clerk who
shall release them to the electoral board upon request or at the expiration of
the time specified by this section subsection F.
E. If the voting or counting machine is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the electoral board no later than noon on the day after the election.
F. The
voting and counting machines described in
subsections A, B, C, and D shall remain locked and sealed
until the deadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has
passed and, if any contest or recount is pending thereafter, until it has been
concluded. The Such
machines and any
envelope containing data storage devices shall be opened
and all data examined only (i) on the order of a court of competent jurisdiction
or (ii) on the request of an authorized representative of the State Board or
the electoral board at the direction of the State Board in order to ensure the
accuracy of the returns. In the event that machines and
data storage devices are examined under clause (ii) of this paragraph,
each political party and each independent candidate on the ballot, or each
primary candidate, shall be entitled to have a representative present during
such examination. The representatives and observers lawfully present shall be
prohibited from interfering with the officers of election in any way. The State
Board or local electoral board shall provide such parties and candidates
reasonable advance notice of the examination.
When recounts occur in precincts using direct recording electronic machines with printed return sheets, the printed return sheets delivered to the clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shall return all voting equipment keys and data storage devices to the electoral board.
B. G. The local electoral board
may direct that the officers of election
and custodians, in lieu of conveying
the that any
sealed equipment keys or data storage
devices that are otherwise required by the provisions of this section to be
delivered to the clerk of the circuit court as provided in subsection A, shall convey them shall instead be
delivered to the principal office of the general registrar on the night of no later than noon on the
day following the election. The
general registrar shall secure and retain the sealed equipment keys and any
other electronic locking or activation devices in his office and shall convey
them to the clerk of the court by noon of on the day following the
ascertainment of the results of the election by the electoral board.
H. The provisions of this section requiring the locking and sealing of voting and counting machines shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device.