dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-640. Repealed.
Repealed by Acts 2014, c. 540, cl. 2, effective April 3, 2014, and c. 576, cl. 2, effective April 4, 2014.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-641. Sample ballot.
The electoral board or general registrar shall provide for each precinct in which any voting or counting machines are used two sample ballots for each ballot style in use at that precinct. Such sample ballots shall be posted for public inspection at each polling place during the day of election.

Code 1950, § 24-298; 1970, c. 462, § 24.1-208; 1985, c. 458; 1993, c. 641; 2014, cc. 540, 576; 2016, cc. 18, 492; 2018, c. 464.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-645. Defaced printed ballots.
If any printed ballot is unintentionally or accidentally defaced and rendered unfit for voting, the voter may deliver the defaced ballot to the officer of election and receive another. The returned ballot shall be marked spoiled by the officer of election and placed in the spoiled ballot envelope.

Code 1950, § 24-238; 1970, c. 462, § 24.1-130; 1987, c. 349; 1993, c. 641; 2014, cc. 540, 576.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-646. Voter folds paper ballot and hands same to officer who deposits it unopened in ballot container.
The qualified voter shall fold each paper ballot with the names of the candidates and questions on the inside and hand the folded ballot to the appropriate officer of election. The officer shall place the ballot in the ballot container without any inspection except to assure himself that only a single ballot has been tendered and that the ballot is a genuine ballot. Without looking at the printed inside of the ballot, the officer may inspect the official seal on the back of the ballot to determine if it is genuine.

Code 1950, § 24-247; 1970, c. 462, § 24.1-131; 1993, c. 641; 2003, c. 1015; 2014, cc. 540, 576.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-646.1. Permitted use of paper ballots.
The official paper ballot shall be used by a voter to cast his vote only in one of the following circumstances:

1. The official paper ballot is the only ballot in use in the precinct.

2. The official paper ballot is used by voters voting outside of the polling place pursuant to § 24.2-649.1.

3. The voter is casting a provisional ballot.

4. The voter is provided an official paper ballot or copy thereof pursuant to § 24.2-642 when voting equipment is inoperable or otherwise unavailable.

5. The official absentee paper ballot voted in accordance with (§ 24.2-700 et seq.).

6. The voter is provided an official paper ballot for a presidential election pursuant to § 24.2-402 or for federal elections pursuant to § 24.2-453.

2006, c. 492; 2015, c. 313; 2021, Sp. Sess. I, c. 163.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-647. Voting systems; demonstration on election day.
The general registrar shall provide at each polling place on election day, for the voting system in use, a model of or materials displaying a portion of its ballot face. The model or materials shall be located on the table of one of the officers or in some other place accessible to the voters. An officer of election shall instruct any voter who requests instruction before voting on the proper manner of voting. The officer may direct the voter's attention to sample ballots so that the voter may become familiar with the location of questions and names of offices and candidates.

For ballot scanner machines, an officer of election, using a demonstration ballot and machine, shall show each voter who requests, immediately on entry to the polling place, the manner in which the ballot is to be voted.

If any voter, after entering the voting booth, asks for further instructions concerning the manner of voting, two of the officers from different political parties shall give such instructions to him, but no officer shall in any manner request or seek to persuade or induce any such voter to vote for or against any particular ticket, candidate, or question. After giving such instructions and before the voter votes, the officers shall leave the voting booth, and the voter shall cast his ballot in secret.

Code 1950, § 24-309; 1970, c. 462, § 24.1-219; 1980, c. 639; 1985, c. 458; 1993, c. 641; 2014, cc. 540, 576; 2016, cc. 18, 492.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-648. Write-in votes on voting equipment.
Write-in votes may be cast on voting equipment for any person whose name does not appear on the ballot as a candidate for the office being voted, subject to this section and the provisions of § 24.2-644 not in conflict with this section.

Each write-in vote shall be entered in the receptacle or area designated on the machine for the office being elected. A write-in vote shall be cast in its appropriate place, in accordance with the instructions for that equipment, or it shall be void and not counted.

Except on machines that provide a means to enter a name electronically, each write-in vote shall be entered by the voter in his own handwriting or hand printing.

Code 1950, § 24-307; 1962, c. 260; 1970, c. 462, § 24.1-217; 1975, c. 515; 1985, c. 458; 1990, c. 214; 1993, c. 641; 1996, c. 5; 2014, cc. 540, 576.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-650. Officers to sign only official papers, etc.
No officer of election shall sign or otherwise mark any paper, form, or item, other than one furnished by the State Board, his electoral board, or general registrar, at his polling place during the hours that the polls are open.

1976, c. 616, § 24.1-132.1; 1993, c. 641.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-651.1. Voter who is shown as having already voted; provisional ballots.
Any person who offers to vote, who is listed on the pollbook, and whose name is marked to indicate that he has already voted in person in the election shall cast a provisional ballot pursuant to § 24.2-653. The State Board of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots.

1997, c. 915; 2000, cc. 366, 451; 2003, c. 1015; 2012, cc. 723, 838, 839; 2020, c. 735.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-652. Voter whose name erroneously omitted from pollbook; provisional ballots.
A. When a person offers to vote and his name does not appear on the pollbook, the officers of election shall permit him to vote only if all of the following conditions are met:

1. An officer of election is informed by the general registrar that the voter is registered to vote, that his registration has not been cancelled, and that his name is erroneously omitted from the pollbook.

2. The voter signs a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is a qualified and registered voter of that precinct, a resident of that precinct, and his registration is not subject to cancellation pursuant to §§ 24.2-430, 24.2-431, and 24.2-432; and he provides, subject to such penalties, all the information required to identify himself including the last four digits of his social security number, if any, full name including the maiden or any other prior legal name, birthdate, and complete address.

3. The officer of election enters the identifying information for the voter on the pollbook.

When the voter has signed the statement and is permitted to vote, the officers of election shall mark his name on the pollbook with the next consecutive number from the voter count form, or shall enter that the voter has voted if the pollbook is in electronic form, and shall indicate on the pollbook that he has signed the required statement in accordance with the instructions of the State Board.

B. If the general registrar is not available or cannot state that the person is registered to vote, such person shall be allowed to vote by provisional ballot pursuant to § 24.2-653. The officers of election shall provide to him an application for registration. The State Board of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots.

Code 1950, § 24-95; 1970, c. 462, § 24.1-55; 1974, c. 428; 1975, c. 515; 1981, c. 425; 1984, c. 480; 1993, c. 641; 2003, c. 1015; 2011, c. 602; 2020, c. 735.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-653.1. Voters who did not receive absentee ballots; provisional ballots.
Any person who offers to vote pursuant to § 24.2-643 at his proper polling place or at a central absentee voter precinct established by the governing body of the county or city where he is registered to vote, but whose name is shown on the pollbook as having applied for an absentee ballot, shall be entitled to cast a provisional ballot if, for any reason, he did not receive or has lost the absentee ballot or has chosen to not vote absentee. In such case, he shall be required to present to the officer of election a statement signed by him that he did not receive the ballot, has lost the ballot, or has not cast the ballot, subject to felony penalties for making false statements as pursuant to § 24.2-1016, before being given a printed ballot and permitted to vote the provisional ballot. The electoral board shall process the ballot in accordance with the provisions of § 24.2-653.01 and the instructions of the State Board.

2006, c. 283; 2010, c. 348; 2014, cc. 540, 576; 2020, c. 735; 2021, Sp. Sess. I, c. 471.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-653.2. Ballots cast after normal close of polling hours due to court-ordered extension; provisional ballots.
Whenever the polling hours are extended by an order of a court of competent jurisdiction, any ballots marked after the normal polling hours by persons who were not already in line at the time the polls would have closed, notwithstanding the court order, shall be treated as provisional ballots under this section. The officers of election shall mark the green envelope for each such provisional ballot to indicate that it was cast after normal polling hours due to the court order, and when preparing the materials to deliver to the registrar or electoral board, shall separate these provisional ballots from any provisional ballots used for any other reason. The electoral board shall treat these provisional ballots as provided in § 24.2-653.01; however, the counted and uncounted provisional ballots marked after the normal polling hours shall be kept separate from all other ballots and recorded in a separate provisional ballots pollbook. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to this section.

2020, c. 735.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-653.3. Voters assigned to split precinct; provisional ballots.
A. Any voter who is assigned to a precinct that is split between two or more election districts and believes he was given a ballot for the district of which he is not a qualified voter may request, prior to casting the ballot, and shall be permitted to cast a provisional ballot for the district of which he believes he is a qualified voter and for the district in which the pollbook indicates he is registered. The provisional ballots shall be cast in accordance with the provisions of § 24.2-653, except that the voter shall be given a printed ballot for the district of which he believes he is a qualified voter and for the district in which the pollbook indicates he is registered, and an envelope for each ballot, which shall be labeled with the corresponding district number. After marking each printed ballot, the voter shall seal each ballot in its corresponding envelope, and the ballot envelopes shall then be sealed in the green envelope provided for in § 24.2-653.

B. At the meeting of the electoral board to determine the validity of all provisional ballots offered in the election, the electoral board shall verify in which district a voter who voted provisionally pursuant to this section is a qualified voter, and the provisional ballot cast by the voter for that district shall be counted. The electoral board shall process the ballot in accordance with the provisions of § 24.2-653.01 and the instructions of the State Board.

2020, c. 920, § 24.2-653.2.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-654. Officers to lock and seal voting equipment and ascertain vote after polls closed; statement of results.
As soon as the polls are closed, the officers of election shall lock each voting and counting machine against further voting. They shall then proceed to ascertain the vote given at the election and continue without adjournment until they declare the results of the election. They shall seal the machines.

In ascertaining the vote, the officers of election shall complete a statement of results in duplicate on the form and in the manner prescribed by the State Board.

Code 1950, §§ 24-258, 24-259, 24-312; 1966, c. 453; 1970, c. 462, §§ 24.1-136, 24.1-222; 1974, c. 428; 1979, c. 329; 1981, c. 425; 1983, c. 461; 1985, c. 458; 1993, c. 641; 2014, cc. 540, 576.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-655. Representatives of political parties and candidates to be present on request.
Before proceeding to ascertain the vote, the officers of election shall determine whether no more than two representatives of each political party having candidates in the election and one representative of each independent candidate or primary candidate request to be present while the absentee ballots are cast, votes are counted, and returns are completed.

Each representative shall be a qualified voter of any jurisdiction in the Commonwealth and shall present to the officers of election a written statement certifying that he is an authorized representative, signed by his party chairman for the jurisdiction in which the election is held, the independent candidate, or the candidate in a primary, as appropriate. If the party chairman for the jurisdiction in which the election is held is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the party chairman for the jurisdiction in which the election is held. Such representatives shall be entitled to be present while the votes are counted and shall remain until the returns are completed.

In case such representatives, or any of them, do not request to be present, the officers shall notify the bystanders, if any, and select one or more to be present with any available representatives of the parties or candidates so that there are as many as four bystanders and representatives present.

The representatives and bystanders lawfully present shall have an unobstructed view of the officers of election and their actions while the absentee ballots are cast, votes are counted, and returns are completed. The representatives and bystanders lawfully present are prohibited from interfering with the officers of election in any way.

Code 1950, §§ 24-260, 24-261; 1970, c. 462, § 24.1-137; 1974, c. 428; 1993, c. 641; 2006, c. 177; 2010, c. 448; 2015, c. 133.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-656. Repealed.
Repealed by Acts 2003, c. 1015.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-657. Determination of vote on voting systems.
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 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.

Code 1950, § 24-312; 1966, c. 453; 1970, c. 462, § 24.1-222; 1974, c. 428; 1979, c. 329; 1981, c. 425; 1983, c. 461; 1985, c. 458; 1993, c. 641; 2014, cc. 540, 576; 2016, c. 464.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-658. Machines with printed return sheets; disposition of sheets.
If machines that print returns are used, the printed inspection sheet and two copies of the printed return sheet containing the results of the election for each machine shall be inserted in the envelope containing the statement of results by the officers of election and sealed and returned as required by § 24.2-668.

The printed inspection sheets and one copy of the printed return sheets shall be kept with the statement of results and preserved as provided in § 24.2-669.

One copy of the printed return sheets shall be made available by the clerk of the circuit court on the day following the election and for 60 additional days for inspection and transcribing information therefrom by the public.

1981, c. 425, § 24.1-222.1; 1985, c. 458; 1993, c. 641; 2014, cc. 540, 576.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-660. Repealed.
Repealed by Acts 2004, cc. 993 and 1010.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-661. Detection and setting aside of double ballots.
After the votes on all voting and counting equipment have been determined and recorded, the officers of election shall proceed to examine and count the paper ballots to ascertain if any double ballots have been cast, and whether the number of ballots corresponds with the number of names on the pollbooks of persons who voted on paper ballots. If two or more separate ballots are found so folded together as to represent the appearance of a single ballot they shall be laid aside until the count of the ballots is completed. If, upon a comparison of the count and the number of names of such qualified voters on the pollbooks, it appears that the two or more ballots thus folded together were cast by the same qualified voter, they shall be set aside and not counted.

Code 1950, §§ 24-262, 24-313; 1970, c. 462, §§ 24.1-138, 24.1-223; 1983, c. 461; 1985, c. 458; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-662. Procedure when paper ballots exceed names on pollbooks.
If the ballots in the container exceed the number of names on the pollbooks of persons who voted on paper ballots, all ballots shall be replaced in the ballot container. Then, after the container is well shaken, an officer of election, being blindfolded, shall withdraw a sufficient number of ballots to reduce the number of ballots left in the container to the number of such names on the pollbooks. The drawn ballots shall be set aside and not counted.

Code 1950, § 24-263; 1970, c. 462, § 24.1-139; 1983, c. 461; 1993, c. 641; 2003, c. 1015.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-663. When ballot void.
If a printed ballot is found to have been voted for a greater number of names for any one office than the number of persons required to fill the office, or if the title of the office is erased, the ballot shall be considered void as to all the names designated to fill such office, but no further, and the ballot shall be counted for the other offices on the ballot. In the case of a ballot scanner machine, an election official is authorized to cause the ballot scanner to receive the ballot and count it in accordance with this section. No ballot shall be void for having been voted for fewer names than authorized.

If any person votes, either in person or absentee, more than one time in an election, all ballots received from such person shall be void and, if possible, not counted. If one such ballot has already been cast, any additional ballots received from such person shall be void and not counted.

Code 1950, § 24-266; 1970, c. 462, § 24.1-140; 1978, c. 778; 1993, c. 641; 2013, c. 469; 2014, cc. 540, 576.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-664. Reduction in number of ballots.
Whenever the number of ballots is reduced by fraudulent or void ballots below the number of names of qualified voters on the pollbooks who voted on paper ballots, the cause of such reduction shall be stated in the space provided on the statement of results.

Code 1950, § 24-624; 1970, c. 462, § 24.1-141; 1981, c. 425; 1983, c. 461; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-665. How paper ballots counted.
A. When the number of paper ballots to be counted has been verified, the officers shall proceed to ascertain the number of votes cast by paper ballots for each person and for and against each question. The votes on all ballots for all offices and questions shall be counted. As soon as all ballots are counted, they shall be placed in an envelope or container labeled "counted ballots." No person other than the officers of the election shall handle the ballots.

B. Only an official ballot prepared as provided for in this title shall be counted. If any unofficial ballot is found among the official ballots, the unofficial ballot shall be put aside, not counted and appropriately noted on the statement of results.

Code 1950, §§ 24-246, 24-265; 1950, p. 165; 1970, c. 462, § 24.1-142; 1981, c. 425; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-666. Procedures to account for paper ballots.
The State Board shall prescribe appropriate forms and procedures for use by the local electoral boards, general registrars, and officers of election to account for all paper ballots, used and unused.

1988, cc. 291, 318, § 24.1-143.1; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-667. Completion of statement of results.
At the conclusion of determining the votes cast on voting devices and paper ballots, the officers of election shall verify that all required data has been accurately entered, sign both copies of the statement of results, and affirm that the statement is complete and the information thereon is true and correct.

Code 1950, §§ 24-246, 24-265, 24-312; 1950, p. 165; 1966, c. 453; 1970, c. 462, §§ 24.1-142, 24.1-222; 1974, c. 428; 1979, c. 329; 1981, c. 425; 1983, c. 461; 1985, c. 458; 1993, c. 641.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-667.1. Reporting of results; absentee and provisional votes.
A. The general registrar shall report to the Department for each precinct in his locality the number and results of absentee ballots cast by voters assigned to such precinct. Results from absentee voting and voting at the precinct on election day shall be reported separately. The general registrar shall also report to the Department the number and results of absentee ballots cast early in person pursuant to § 24.2-701.1 separately from the number and results of all other absentee ballots. The Department shall establish standards for ascertaining and reporting such information. Such standards shall direct that all results be posted promptly and no later than 5:00 p.m. on the tenth day after the election day.

B. The general registrar shall report to the Department for each precinct in his locality the total number of provisional ballots cast, the number of those provisional ballots determined to be valid by the electoral board, and the results of such valid provisional ballots by voters assigned to such precinct. Results from provisional voting and voting at the precinct on election day shall be reported separately. The Department shall establish standards for ascertaining and reporting such information. Such standards shall direct that all results be posted promptly and no later than 5:00 p.m. on the tenth day after the election day.

2021, Sp. Sess. I, c. 471; 2022, cc. 125, 126; 2025, c. 577.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-669. Clerk to keep ballots; inspection; destruction.
The clerk to whom the counted and uncounted ballots are delivered shall, without breaking the seal, deposit them in a secure place in his office, where they shall be kept for the time required by this section. He shall not allow the ballots to be inspected except (i) by an authorized representative of the State Board or by the electoral board at the direction of the State Board to ensure the accuracy of the returns or the purity of the election, (ii) by the officers of election, and then only at the direction of the electoral board in accordance with § 24.2-672 when the provisions of § 24.2-662 have not been followed, (iii) on the order of a court before which there is pending a proceeding for a contest or recount under Chapter 8 (§ 24.2-800 et seq.) of this title or before whom there is then pending a proceeding in which the ballots are necessary for use in evidence, or (iv) for the purpose of conducting a risk-limiting audit pursuant to § 24.2-671.2. In the event that ballots are inspected under clause (i), (ii), or (iv) 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 inspection. 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 inspection.

After the counted ballots for a federal election have remained in the clerk's office for two years, if no election contest or other proceeding is pending in which such ballots may be needed as evidence, the clerk shall destroy such ballots. After the counted ballots for any other election have remained in the clerk's office for one year, if no election contest or other proceeding is pending in which such ballots may be needed as evidence, the clerk shall destroy such ballots. After the unused ballots have remained in the clerk's office and the time has expired for initiating a recount, contest, or other proceeding in which such ballots may be needed as evidence and no such contest or proceeding is pending, the clerk may then destroy the unused ballots other than punchcard ballots, which shall be returned to the electoral board.

Code 1950, §§ 24-268, 24-270; 1970, c. 462, § 24.1-144; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1981, c. 425; 1992, c. 293; 1993, c. 641; 1998, c. 270; 2003, c. 1015; 2006, c. 689; 2008, c. 565; 2022, cc. 443, 444.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-670. Clerk to send for books and ballots if not delivered by officers.
If the officers of election fail to deliver the materials to the clerk of the circuit court, or to the principal office of the general registrar, as required by § 24.2-668 before the time for the electoral board to meet and open the returns, the clerk of the circuit court shall dispatch, to obtain such returns, a law-enforcement officer, who shall be subject to the same penalties and entitled to the same compensation as an officer of election for such service.

Code 1950, § 24-269; 1970, c. 462, § 24.1-145; 1993, c. 641; 1995, c. 197.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-671.1. Repealed.
Repealed by Acts 2022, cc. 443 and 444, cl. 6.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-672. Electoral board to correct irregularities in returns of officers of election.
While ascertaining the results of an election, the electoral board may find that there are irregularities or informalities in the returns of the officers of election which can be cured by amending or correcting the returns. Then the board immediately shall summon, to appear before the board on the date of the summons or the next date thereafter, the officers of elections required to amend the returns so that the same may conform to the law. The summons may be executed by any person authorized by law to serve summonses for witnesses.

Code 1950, § 24-275; 1970, c. 462, § 24.1-147; 1992, c. 329; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-673. Candidates having highest number of votes to receive certificate of election.
A. Except as provided in subsection B or in the case of a recount pursuant to the provisions of Chapter 8 (§ 24.2-800 et seq.), in all elections for the choice of any officer, unless it is otherwise expressly provided, the person having the highest number of votes for any office shall be deemed to have been elected to such office and shall receive the certificate of election.

B. In an election for a local office in a locality with a population of no more than 4,000 persons, if the person having the highest number of votes for the office is elected by write-in votes and is not qualified to hold such office or declines to assume such office, the person having the second highest number of votes shall be deemed to have been elected to such office and shall receive the certificate of election. In the event that the person having the second highest number of votes is not qualified to hold such office or declines to assume such office, the person having the next highest number of votes shall be deemed to have been elected to such office and shall receive the certificate of election. In the event that the person having the next highest number of votes is not qualified to hold such office or declines to assume such office, a vacancy shall be declared and filled by special election.

Code 1950, § 24-276; 1970, c. 462, § 24.1-148; 1993, c. 641; 2023, c. 221.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-673.1. (Expires July 1, 2031) Ranked choice voting.
A. For purposes of this section:

"Ranked choice voting" means a method of casting and tabulating votes in which (i) voters rank candidates in order of preference, (ii) tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated, (iii) votes for voters' next-ranked candidates are transferred from elected or defeated candidates, and (iv) tabulation ends when the number of candidates elected equals the number of offices to be filled. "Ranked choice voting" is known as "instant runoff voting" when electing a single office and "single transferable vote" when electing multiple offices.

"Ranking" means the ordinal number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number one is the highest ranking, ranking number two is the next-highest ranking, and so on, consecutively, up to the number of candidates indicated on the ballot.

B. Elections of members of a county board of supervisors or a city council may be conducted by ranked choice voting pursuant to this section. The decision to conduct an election by ranked choice voting shall be made, in consultation with the local electoral board and general registrar, by a majority vote of the board of supervisors or city council that the office being elected serves.

C. The State Board may promulgate regulations for the proper and efficient administration of elections determined by ranked choice voting, including (i) procedures for tabulating votes in rounds, (ii) procedures for determining winners in elections for offices to which only one candidate is being elected and to which more than one candidate is being elected, and (iii) standards for ballots pursuant to § 24.2-613, notwithstanding the provisions of subsection E of that section.

D. The State Board may administer or prescribe standards for a voter outreach and public information program for use by any locality conducting ranked choice voting pursuant to this section.

2020, c. 1054.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-674. Determination by lot in case of tie.
If, prior to a recount, two or more persons have an equal number of votes for any county, city, town, or district office, and a higher number than any other person, the electoral board shall proceed publicly to determine by lot which of the candidates shall be declared elected.

If, prior to a recount, any two or more persons have an equal number of votes and a higher number than any other person for member of the General Assembly or of the Congress of the United States, or if any two or more persons have an equal number of votes and a higher number than any other person for elector of President and Vice President of the United States, the State Board of Elections shall proceed publicly to determine by lot which of them shall be declared elected. Reasonable notice shall be given to such candidates of the time when such elections shall be so determined; and if they, or either of them, shall fail to appear in accordance with such notice, the Board shall proceed so as to determine the election in their absence.

Any person who loses the determination by lot may petition for a recount pursuant to Article 1 (§ 24.2-800 et seq.) of Chapter 8 of this title.

Code 1950, §§ 24-277, 24-290; 1970, c. 462, § 24.1-149; 1993, c. 641; 2020, c. 500.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-675. Abstracts of votes to be made by secretary and forwarded to State Board and to clerks.
As soon as the electoral board determines the persons who have received the highest number of votes for any office, the secretary shall make out an abstract of the votes for each of the following: Governor; Lieutenant Governor; Attorney General; members of the Senate of Virginia; members of the House of Delegates; members of the United States Senate; members of the United States House of Representatives; electors of the President and Vice President of the United States; each county office; each city office; each district office; each town office; and such others as may be required for statewide referenda. The abstracts shall contain the names of all persons receiving any vote for each office and the total number of votes received by each person or for or against each question. However, if no person was elected by write-in votes and the total number of write-in votes for any office is less than (i) 10 percent of the total number of votes cast for that office and (ii) the total number of votes cast for the candidate receiving the most votes, the abstract shall contain only the total number of write-in votes and not the number of write-in votes for each person receiving write-in votes.

The abstracts shall be certified and signed by the electoral board, attested by the secretary, and retained by the electoral board as part of its records. A copy of each, certified under the official seal of the electoral board, shall immediately be mailed or delivered by hand to the State Board. The State Board shall require the electoral board of any county or city to correct any errors found on such abstracts prior to completing the requirements of § 24.2-679.

One certified copy of each abstract of votes shall be forwarded (i) to the clerk of the city council or board of supervisors and recorded in its record book, (ii) for town elections, to the clerk of the town council and recorded in its minute book, and (iii) for each local referendum, to the circuit court for the locality.

Code 1950, §§ 24-278 through 24-280; 1970, c. 462, § 24.1-150; 1972, c. 620; 1975, c. 515; 1976, c. 616; 1981, c. 425; 1993, c. 641; 1996, c. 223; 2003, c. 1015; 2018, c. 536.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-676. Secretary to make out and deliver certificate of election.
Immediately after the electoral board has determined the election results, the secretary shall make out certificates of election for each county, city, town, or district office other than an office shared by more than one county or city, or any combination thereof. The secretary shall make out the certificate for each of the persons who has the highest number of votes for the office, who has sufficient votes to be elected to a multi-member office, or, in case of a tie, who has been decided by lot to be elected. The secretary, or another board member or registrar designated by the secretary, shall deliver in person or the secretary shall transmit by certified mail the certificate to the person elected, as soon as such person has complied with the provisions of § 24.2-948.2.

Code 1950, § 24-282; 1970, c. 462, § 24.1-151; 1972, c. 620; 1975, c. 515; 1980, c. 639; 1983, c. 264; 1993, c. 641; 2006, cc. 787, 892.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-677. State Board to open and record returns; application of Freedom of Information Act.
The State Board, on receipt of the certified abstracts of the votes given in the several counties and cities, shall open the abstracts and record and carefully preserve them.

The provisions of Chapter 37 (§ 2.2-3700 et seq.) of Title 2.2, the Virginia Freedom of Information Act, shall not apply to the certified abstracts of the votes or any other documents used by the Board in ascertaining the results of any election until the results have been finally determined by the Board.

Code 1950, § 24-283; 1970, c. 462, § 24.1-152; 1971, Ex. Sess., c. 206; 1975, c. 515; 1980, c. 639; 1993, c. 641.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-678. Law-enforcement officer to be sent for abstracts not forwarded.
If the State Board has not received the abstracts of votes from any county or city within 10 days after any election, it shall dispatch a law-enforcement officer to obtain a copy of the abstract from the official having charge thereof. That official shall immediately, on demand of the officer, make out and deliver to him the copy required, and the officer shall deliver the abstract to the State Board without delay.

Code 1950, § 24-284; 1970, c. 462, § 24.1-153; 1993, c. 641; 2024, c. 738.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-679. State Board to meet and make statement as to number of votes.
A. The State Board shall meet by the first Monday in December to ascertain the results of the November election. If a majority of the Board is not present or if, for any other reason, the Board is unable to ascertain the results on that day, the meeting shall stand adjourned from day to day for not more than three days until a quorum is present and the Board has ascertained the results as provided in this section.

The Board shall examine the certified abstracts on file in its office and make statements of the whole number of votes given at any such election for members of the General Assembly, Governor, Lieutenant Governor and Attorney General, members of the United States Congress and electors of President and Vice President of the United States, and any officer shared by more than one county or city, or any combination thereof, or for so many of such officers as have been voted for at the election.

The statement shall show, for each office and each county, city, and election district, the whole number of votes given to each candidate and to any other person elected to office. The Board members shall certify the statements to be correct and sign the statements. The Board shall then determine those persons who received the greatest number of votes and have been duly elected to each office. The Board members shall endorse and subscribe on such statements a certificate of their determination. The Board shall record each certified statement and determination in a suitable book to be kept by it in its office.

B. The State Board shall meet as soon as possible after it receives the returns for any special election held at a time other than the November general election to ascertain the results of the special election in the manner prescribed in subsection A. If the returns have not been received within seven days of the election, the Board shall meet and adjourn from day to day until it receives the returns, ascertains the results, and makes its determination.

Code 1950, §§ 24-285, 24-286, 24-287, 24-289; 1958, c. 605; 1962, c. 536; 1970, c. 462, §§ 24.1-154, 24.1-155; 1971, Ex. Sess., c. 206; 1974, c. 428; 1980, c. 639; 1983, c. 461; 1993, c. 641; 2015, c. 740; 2022, cc. 443, 444.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-680. Certificates of election.
Subject to the requirements of § 24.2-948.2, the State Board shall without delay complete and transmit to each of the persons declared to be elected a certificate of his election, certified by it under its seal of office. In the election of a member of the United States Congress, it shall also forward a certificate of election to the clerk of the United States Senate or House of Representatives, as appropriate. The names of members elected to the General Assembly shall be certified by the State Board to the clerk of the House of Delegates or Senate, as appropriate. The names of the persons elected Governor, Lieutenant Governor, and Attorney General shall be certified by the State Board to the clerks of the House of Delegates and Senate. The name of any officer shared by more than one county or city, or any combination thereof, shall be certified by the State Board to the clerk of the circuit court having jurisdiction in each affected county or city. The names of the persons elected to soil and water conservation districts shall be certified by the State Board to the Director of the Department of Conservation and Recreation.

Code 1950, §§ 24-287, 24-289; 1970, c. 462, § 24.1-155; 1974, c. 428; 1980, c. 639; 1983, c. 461; 1993, c. 641; 2001, c. 53; 2006, cc. 787, 892.

Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-681. How special elections superintended and determined.
All special elections shall be superintended and held, notice thereof given, ballots prepared, returns made and certified, votes canvassed, results ascertained and made known, and certificates of election given, by the same officers, under the same penalties, and subject to the same regulations as prescribed for general elections, except as otherwise provided by law.

Code 1950, § 24-140; 1970, c. 462, § 24.1-164; 1973, c. 30; 1993, c. 641.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-682. Times for special elections.
A. Notwithstanding any charter or special act to the contrary, the following provisions govern the times for holding special elections. Every special election shall be held on a Tuesday. No special election shall be held within the 55 days prior to a general or primary election. No special election shall be held on the same day as a primary election. A special election may be held on the same day as a general election.

B. A referendum election shall be ordered at least 81 days prior to the date for which the referendum election is called.

C. A special election to fill a vacancy in any constitutional office shall be held promptly and in accordance with the requirements of subsection A.

Code 1950, §§ 24-44, 24-136, 24-137, 24-138, 24-139, 24-141, 24-346; 1956, c. 378; 1966, c. 115; 1970, c. 462, §§ 24.1-1(5)(c), 24.1-163, 24.1-165; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 616; 1977, c. 30; 1978, cc. 258, 304, 778; 1979, c. 37; 1980, c. 639; 1981, c. 367; 1982, cc. 498, 650; 1983, c. 461; 1989, c. 322; 1991, c. 592; 1991, 1st Sp. Sess., c. 12; 1993, c. 641; 2000, cc. 787, 1070; 2008, cc. 107, 385; 2010, cc. 431, 542.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-683. Writ for special election to fill a vacancy.
Whenever the Governor, Speaker of the House, President pro tempore of the Senate, or either house of the General Assembly orders a special election, he, or the person designated to act for the house, shall issue a writ of election designating the office to be filled at the election and the time to hold the election. He shall transmit the writ to the secretary of the electoral board and the general registrar of each county or city in which the election is to be held. Each general registrar shall post a copy of the writ on the official website for the county or city or at not less than 10 public places or have notice of the election published once in a newspaper of general circulation in his jurisdiction at least 10 days before the election. If the special election is held in more than one county or city, the general registrars may act jointly to have the notice published once before the election in the affected jurisdictions.

Whenever a special election is ordered to fill a vacancy otherwise than under the preceding paragraph, the officer ordering the election shall issue his writ of election at the time the vacancy occurs, designating the office to be filled at the election and the time and place to hold the election. He shall direct and transmit the writ to the secretary of the electoral board and the general registrar of each county or city in which the election is to be held. The general registrar, or general registrars if the election will be held in more than one county or city, shall proceed to cause public notice to be given of the election in the same manner as is required in the preceding paragraph.

A copy of any order calling a special election to fill a vacancy shall be sent immediately to the State Board.

Code 1950, §§ 24-138, 24-139; 1970, c. 462, § 24.1-163; 1974, c. 428; 1975, c. 515; 1993, c. 641; 2003, c. 155; 2016, cc. 18, 492.
Code of Virginia — Title 24.2 (Elections), Chapter 6 (The Election)
§ 24.2-684. How referendum elections called and held, and the results ascertained and certified.
Notwithstanding any other provision of any law or charter to the contrary, the provisions of this section shall govern all referenda.

No referendum shall be placed on the ballot unless specifically authorized by statute or by charter.

Whenever any question is to be submitted to the voters of any county, city, town, or other local subdivision, the referendum shall in every case be held pursuant to a court order as provided in this section. The court order calling a referendum shall state the question to appear on the ballot in plain English as that term is defined in § 24.2-687. The order shall be entered and the election held within a reasonable period of time subsequent to the receipt of the request for the referendum if the request is found to be in proper order. The court order shall set the date for the referendum in conformity with the requirements of § 24.2-682.

A copy of the court order calling a referendum shall be sent immediately to the State Board by the clerk of the court in which the order was issued.

The ballot shall be prepared by the appropriate general registrar and distributed to the appropriate precincts. On the day fixed for the referendum, the regular election officers shall open the polls and take the sense of the qualified voters of the county, city, town, or other local subdivision, as the case may be, on the question so submitted. The ballots for use at any such election shall be printed to state the question as follows:

"(Here state briefly the question submitted)

[ ] Yes

[ ] No"

The ballots shall be printed, marked, and counted and returns made and canvassed as in other elections. The results shall be certified by the secretary of the appropriate electoral board to the State Board, to the court ordering the election, and to such other authority as may be proper to accomplish the purpose of the election.

Code 1950, § 24-141; 1966, c. 115; 1970, c. 462, § 24.1-165; 1974, c. 428; 1975, c. 515; 1976, c. 616; 1978, cc. 258, 304; 1979, c. 37; 1980, c. 639; 1981, c. 367; 1982, cc. 498, 650; 1983, c. 461; 1991, c. 592; 1993, c. 641; 1994, c. 142; 1996, c. 297; 2016, cc. 18, 492.