Bill Text: VA HB1189 | 2024 | Regular Session | Prefiled
Bill Title: Elections; ascertainment of results, random hand count audits.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Privileges and Elections [HB1189 Detail]
Download: Virginia-2024-HB1189-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §24.2-657 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 24.2-671.3 as follows:
§24.2-657. Determination of vote on voting systems.
A. In
the presence of all persons who may be present lawfully at the time, giving
full view of the voting systems 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
B. Except as provided in §24.2-671.3, 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 any ballot scanner, 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 on the pollbooks of persons voting on the machines, then the figures recorded by the machines 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.
§24.2-671.3. Random hand count audits.
A. Prior to the close of polls on the day of the election, the electoral board of each locality shall randomly select one polling place within its jurisdiction in which votes were cast using a voting system for a hand count audit and thereupon notify the Department of its selection. The chief officer of election for the selected polling place shall be notified prior to the closing of the polls.
B. The hand count audit shall commence immediately upon the determination of the vote as provided for in subsection A of §24.2-657. The officers of election, in the presence of all persons who may be lawfully present at that time, shall hand count all the printed ballots cast in that polling place using the standards promulgated by the State Board pursuant to §24.2-802. The results of the hand count shall be used to complete the statement of results for the polling place required by subsection B of §24.2-657.
C. The electoral board shall promptly report the results of the hand count audit to the Department. A hand count audit conducted pursuant to this section shall not be construed as a recount under Chapter 8 (§24.2-800 et seq.). Nothing in this section shall be construed to limit the rights of a candidate under Chapter 8.
