§ 24.2-659. Locking voting and counting devices after election and deliveringkeys to clerk; printed returns as evidence.
A. If the voting or counting device is secured by the use of equipment keys,after the officers of election lock and seal each voting and counting device,the equipment keys shall be enclosed in an envelope which shall be sealed andhave endorsed thereon a certificate of an officer of election stating theelection precinct, the number of each device, the number on the seal, and thenumber of the protective counter, if one, on the device. The sealed envelopeshall be delivered by one of the officers of the election to the clerk of thecircuit court where the election was held. The custodians of the votingequipment shall enclose and seal in an envelope, properly endorsed, all otherkeys to all voting equipment in their jurisdictions and deliver the envelopeto the clerk of the circuit court by noon on the day following the election.If the voting or counting devices are secured by the use of equipment keys orelectronic activation devices that are not specific to a particular device,after the officers of election lock and seal each voting and counting device,the equipment keys and electronic activation devices shall be enclosed in anenvelope that shall be sealed and have endorsed thereon a certificate of anofficer of election stating the election precinct. The sealed envelope shallbe delivered by one of the officers of election to the clerk of the circuitcourt where the election was held.
If the voting or counting device is secured by removal of the memory card,cartridge, or other data storage medium used in that election, the officersshall remove the memory card, cartridge, or other data storage medium andproceed to lock and seal each voting and counting device. The memory card,cartridge, or other data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the election precinct, the number of each device, the numberon the seal, and the number of the protective counter, if one, on the device.The sealed envelope shall be delivered by one of the officers of election tothe clerk of the circuit court where the election was held. The equipmentkeys used at the polls shall be sealed in a different envelope and deliveredto the clerk who shall release them to the electoral board upon request or atthe expiration of the time specified by this section.
If the voting or counting device provides for the creation of a separatemaster electronic back-up on a memory card, cartridge or other data storagemedium that combines the data for all of the voting devices in a givenprecinct, that data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the name of the precinct. The sealed envelope shall bedelivered by one of the officers of election to the clerk of the circuitcourt where the election was held. The memory cards or data storage mediumfor the individual devices may remain sealed in its individual device untilthe expiration of the time specified by this section. The equipment keys andthe electronic activation devices used at the polls shall be sealed togetherin a separate envelope and delivered to the clerk who shall release them tothe electoral board upon request or at the expiration of the time specifiedby this section.
The voting and counting devices shall remain locked and sealed until thedeadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passedand, if any contest or recount is pending thereafter, until it has beenconcluded. The devices shall be opened and all data examined only (i) on theorder of a court of competent jurisdiction or (ii) on the request of anauthorized representative of the State Board or the electoral board at thedirection of the State Board in order to ensure the accuracy of the returns.In the event that devices are examined under clause (ii) of this paragraph,each political party and each independent candidate on the ballot, or eachprimary candidate, shall be entitled to have a representative present duringsuch examination. The representatives and observers lawfully present shall beprohibited from interfering with the officers of election in any way. TheState Board or local electoral board shall provide such parties andcandidates reasonable advance notice of the examination.
When recounts occur in precincts using mechanical or direct electronic votingdevices with printed return sheets, the printed return sheets delivered tothe clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shallreturn all voting equipment keys to the electoral board.
B. The local electoral board may direct that the officers of election andcustodians, in lieu of conveying the sealed equipment keys to the clerk ofthe circuit court as provided in subsection A of this section, shall conveythem to the principal office of the general registrar on the night of theelection. The general registrar shall secure and retain the sealed equipmentkeys and any other electronic locking or activation devices in his office andshall convey them to the clerk of the court by noon of the day following theascertainment of the results of the election by the electoral board.
(Code 1950, § 24-314; 1962, c. 230; 1966, c. 453; 1970, c. 462, § 24.1-224;1974, c. 428; 1978, c. 778; 1985, c. 458; 1993, c. 641; 1995, c. 197; 2003,c. 1015; 2004, cc. 835, 993, 1010; 2006, c. 689; 2008, cc. 107, 385.)
§ 24.2-659. Locking voting and counting devices after election and deliveringkeys to clerk; printed returns as evidence.
A. If the voting or counting device is secured by the use of equipment keys,after the officers of election lock and seal each voting and counting device,the equipment keys shall be enclosed in an envelope which shall be sealed andhave endorsed thereon a certificate of an officer of election stating theelection precinct, the number of each device, the number on the seal, and thenumber of the protective counter, if one, on the device. The sealed envelopeshall be delivered by one of the officers of the election to the clerk of thecircuit court where the election was held. The custodians of the votingequipment shall enclose and seal in an envelope, properly endorsed, all otherkeys to all voting equipment in their jurisdictions and deliver the envelopeto the clerk of the circuit court by noon on the day following the election.If the voting or counting devices are secured by the use of equipment keys orelectronic activation devices that are not specific to a particular device,after the officers of election lock and seal each voting and counting device,the equipment keys and electronic activation devices shall be enclosed in anenvelope that shall be sealed and have endorsed thereon a certificate of anofficer of election stating the election precinct. The sealed envelope shallbe delivered by one of the officers of election to the clerk of the circuitcourt where the election was held.
If the voting or counting device is secured by removal of the memory card,cartridge, or other data storage medium used in that election, the officersshall remove the memory card, cartridge, or other data storage medium andproceed to lock and seal each voting and counting device. The memory card,cartridge, or other data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the election precinct, the number of each device, the numberon the seal, and the number of the protective counter, if one, on the device.The sealed envelope shall be delivered by one of the officers of election tothe clerk of the circuit court where the election was held. The equipmentkeys used at the polls shall be sealed in a different envelope and deliveredto the clerk who shall release them to the electoral board upon request or atthe expiration of the time specified by this section.
If the voting or counting device provides for the creation of a separatemaster electronic back-up on a memory card, cartridge or other data storagemedium that combines the data for all of the voting devices in a givenprecinct, that data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the name of the precinct. The sealed envelope shall bedelivered by one of the officers of election to the clerk of the circuitcourt where the election was held. The memory cards or data storage mediumfor the individual devices may remain sealed in its individual device untilthe expiration of the time specified by this section. The equipment keys andthe electronic activation devices used at the polls shall be sealed togetherin a separate envelope and delivered to the clerk who shall release them tothe electoral board upon request or at the expiration of the time specifiedby this section.
The voting and counting devices shall remain locked and sealed until thedeadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passedand, if any contest or recount is pending thereafter, until it has beenconcluded. The devices shall be opened and all data examined only (i) on theorder of a court of competent jurisdiction or (ii) on the request of anauthorized representative of the State Board or the electoral board at thedirection of the State Board in order to ensure the accuracy of the returns.In the event that devices are examined under clause (ii) of this paragraph,each political party and each independent candidate on the ballot, or eachprimary candidate, shall be entitled to have a representative present duringsuch examination. The representatives and observers lawfully present shall beprohibited from interfering with the officers of election in any way. TheState Board or local electoral board shall provide such parties andcandidates reasonable advance notice of the examination.
When recounts occur in precincts using mechanical or direct electronic votingdevices with printed return sheets, the printed return sheets delivered tothe clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shallreturn all voting equipment keys to the electoral board.
B. The local electoral board may direct that the officers of election andcustodians, in lieu of conveying the sealed equipment keys to the clerk ofthe circuit court as provided in subsection A of this section, shall conveythem to the principal office of the general registrar on the night of theelection. The general registrar shall secure and retain the sealed equipmentkeys and any other electronic locking or activation devices in his office andshall convey them to the clerk of the court by noon of the day following theascertainment of the results of the election by the electoral board.
(Code 1950, § 24-314; 1962, c. 230; 1966, c. 453; 1970, c. 462, § 24.1-224;1974, c. 428; 1978, c. 778; 1985, c. 458; 1993, c. 641; 1995, c. 197; 2003,c. 1015; 2004, cc. 835, 993, 1010; 2006, c. 689; 2008, cc. 107, 385.)
§ 24.2-659. Locking voting and counting devices after election and deliveringkeys to clerk; printed returns as evidence.
A. If the voting or counting device is secured by the use of equipment keys,after the officers of election lock and seal each voting and counting device,the equipment keys shall be enclosed in an envelope which shall be sealed andhave endorsed thereon a certificate of an officer of election stating theelection precinct, the number of each device, the number on the seal, and thenumber of the protective counter, if one, on the device. The sealed envelopeshall be delivered by one of the officers of the election to the clerk of thecircuit court where the election was held. The custodians of the votingequipment shall enclose and seal in an envelope, properly endorsed, all otherkeys to all voting equipment in their jurisdictions and deliver the envelopeto the clerk of the circuit court by noon on the day following the election.If the voting or counting devices are secured by the use of equipment keys orelectronic activation devices that are not specific to a particular device,after the officers of election lock and seal each voting and counting device,the equipment keys and electronic activation devices shall be enclosed in anenvelope that shall be sealed and have endorsed thereon a certificate of anofficer of election stating the election precinct. The sealed envelope shallbe delivered by one of the officers of election to the clerk of the circuitcourt where the election was held.
If the voting or counting device is secured by removal of the memory card,cartridge, or other data storage medium used in that election, the officersshall remove the memory card, cartridge, or other data storage medium andproceed to lock and seal each voting and counting device. The memory card,cartridge, or other data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the election precinct, the number of each device, the numberon the seal, and the number of the protective counter, if one, on the device.The sealed envelope shall be delivered by one of the officers of election tothe clerk of the circuit court where the election was held. The equipmentkeys used at the polls shall be sealed in a different envelope and deliveredto the clerk who shall release them to the electoral board upon request or atthe expiration of the time specified by this section.
If the voting or counting device provides for the creation of a separatemaster electronic back-up on a memory card, cartridge or other data storagemedium that combines the data for all of the voting devices in a givenprecinct, that data storage medium shall be enclosed in an envelope thatshall be sealed and have endorsed thereon a certificate of an officer ofelection stating the name of the precinct. The sealed envelope shall bedelivered by one of the officers of election to the clerk of the circuitcourt where the election was held. The memory cards or data storage mediumfor the individual devices may remain sealed in its individual device untilthe expiration of the time specified by this section. The equipment keys andthe electronic activation devices used at the polls shall be sealed togetherin a separate envelope and delivered to the clerk who shall release them tothe electoral board upon request or at the expiration of the time specifiedby this section.
The voting and counting devices shall remain locked and sealed until thedeadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passedand, if any contest or recount is pending thereafter, until it has beenconcluded. The devices shall be opened and all data examined only (i) on theorder of a court of competent jurisdiction or (ii) on the request of anauthorized representative of the State Board or the electoral board at thedirection of the State Board in order to ensure the accuracy of the returns.In the event that devices are examined under clause (ii) of this paragraph,each political party and each independent candidate on the ballot, or eachprimary candidate, shall be entitled to have a representative present duringsuch examination. The representatives and observers lawfully present shall beprohibited from interfering with the officers of election in any way. TheState Board or local electoral board shall provide such parties andcandidates reasonable advance notice of the examination.
When recounts occur in precincts using mechanical or direct electronic votingdevices with printed return sheets, the printed return sheets delivered tothe clerk may be used as the official evidence of the results.
When the required time has expired, the clerk of the circuit court shallreturn all voting equipment keys to the electoral board.
B. The local electoral board may direct that the officers of election andcustodians, in lieu of conveying the sealed equipment keys to the clerk ofthe circuit court as provided in subsection A of this section, shall conveythem to the principal office of the general registrar on the night of theelection. The general registrar shall secure and retain the sealed equipmentkeys and any other electronic locking or activation devices in his office andshall convey them to the clerk of the court by noon of the day following theascertainment of the results of the election by the electoral board.
(Code 1950, § 24-314; 1962, c. 230; 1966, c. 453; 1970, c. 462, § 24.1-224;1974, c. 428; 1978, c. 778; 1985, c. 458; 1993, c. 641; 1995, c. 197; 2003,c. 1015; 2004, cc. 835, 993, 1010; 2006, c. 689; 2008, cc. 107, 385.)
