Bill Text: VA HB104 | 2016 | Regular Session | Enrolled
Bill Title: Voting equipment; locking and sealing of voting and counting machines after election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-03-02 - Governor: Acts of Assembly Chapter text (CHAP0218) [HB104 Detail]
Download: Virginia-2016-HB104-Enrolled.html
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 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 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. 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.
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. |