2011 Code of Virginia
Title 24.2 ELECTIONS.
Chapter 6 The Election (24.2-600 thru 24.2-687)
24.2-642 Inoperative equipment

24.2-642. Inoperative equipment.

A. When any voting or counting device becomes inoperative in whole or in part while the polls are open, the officers of election shall immediately notify the electoral board. If possible, the electoral board shall dispatch a qualified technician to the polling place to repair the inoperative device. All repairs shall be made in the presence of two officers of election representing the two political parties or, in the case of a primary election for only one party, two officers representing that party. If the device cannot be repaired on site, the electoral board shall, if possible, substitute a device in good order for the inoperative device, and at the close of the polls the record of both devices shall be taken, and the votes shown on their counters shall be added together in ascertaining the results of the election.

No voting or counting equipment, including inoperative equipment, shall be removed from the plain view of the officers of election or from the polling place at any time during the election and through the determination of the vote as provided in 24.2-657 except as explicitly provided pursuant to the provisions of this title.

No voting or counting device that has become inoperative and contains votes may be removed from the polling place while the polls are open and votes are being ascertained. If the officers of election are unable to ascertain the results from the inoperative device after the polls close in order to add its results to the results from the other devices in that precinct, the officers of election shall lock and seal the device without removing the memory card, cartridge or data storage medium and deliver the device to either the clerk of court or registrar's office as provided for in 24.2-659. On the day following the election, the electoral board shall meet and ascertain the results from the inoperative device in accordance with the procedures prescribed by the device's manufacturer and add the results to the results for the precinct to which the device was assigned.

Nothing in this subsection shall prohibit the removal of an inoperative device from a precinct prior to the opening of the polls or votes being cast on that device. Any device so removed shall be placed in the custody of an authorized custodian, technician or electoral board representative. If the inoperative device can be repaired, it shall be retested and resealed pursuant to 24.2-634 and may be returned to the precinct by an authorized custodian, technician or electoral board representative. The officers of election shall then open the device pursuant to 24.2-639.

B. In any precinct that uses a ballot that can be marked without the use of the counting device, if the counting device becomes inoperative and there is no other available counting device, the uncounted ballots shall be placed in a ballot container or compartment that is used exclusively for uncounted ballots. If an operative counting device is available in the polling place after the polls have closed, such uncounted ballots shall be removed from the container and fed into the counting device, one at a time, by an officer of election in the presence of all persons who may be lawfully present at that time but before the votes are determined pursuant to 24.2-657. If such device is not available, the ballots may be counted manually or as directed by the electoral board.

C. If (i) the inoperative device cannot be repaired in time to continue using it at the election, (ii) a substitute device is needed to conduct the election but is not available for use, (iii) the supply of official paper ballots, or other official ballots that can be cast without use of the inoperative device, is not adequate, and (iv) the local electoral board approves, an officer of election may have copies of the official paper ballot reprinted or reproduced by photographic, electronic, or mechanical processes for use at the election. The voted ballot copies may be received by the officers of election and placed in the ballot container and counted with the votes registered on the voting or counting devices; and the result shall be declared the same as though no device has been inoperative. The voted ballot copies shall be deemed official ballots for the purpose of 24.2-665 and preserved and returned with the statement of results and with a certificate setting forth how and why the same were voted. The officer of election who had the ballot copies made shall provide a written statement of the number of copies made, signed by him and subject to felony penalties for making false statements pursuant to 24.2-1016, to be preserved with the unused ballot copies.

(Code 1950, 24-311; 1970, c. 462, 24.1-221; 1981, c. 570; 1985, c. 458; 1993, c. 641; 2000, c. 282; 2003, c. 1015; 2004, cc. 978, 993, 1006, 1010.)