reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 45 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-45-20 - Voter registration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Presumptions. As provided in
				1VAC20-40-30 B, no presumption in
				favor of or against residence may arise merely on the basis of a person's
				presence or absence in the following circumstances:
1. While employed in the service of the
				Commonwealth or United States, whether military or civilian; or
2. While engaged in the navigation of the
				waters of the United States or of the high seas.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 45 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-45-30 - Electronic submission of Federal Post Card Application

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant eligible for registration who applies for
				  registration simultaneously with a request for an absentee ballot on a Federal
				  Post Card Application (FPCA) as authorized by §§ 24.2-458 and 24.2-703 of the
				  Code of Virginia may apply for registration as well as request an absentee
				  ballot by facsimile transmission or scanned email attachment. An electronically
				  submitted FPCA shall be sufficient to apply for registration and request an
				  absentee ballot if signed and otherwise complete.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 45 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-45-40 - Material omissions from Federal Write-In Absentee Ballots

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the
				requirements of §§ 24.2-467, 24.2-702.1, and 24.2-706 of the Code of Virginia,
				a timely received write-in absentee ballot on a Federal Write-In Absentee
				Ballot (FWAB) (Form SF-186) should not be rendered invalid if it contains an
				error or omission not material to determining the eligibility of the applicant
				to vote in the election in which the applicant offers to vote.
B. If the applicant is not registered, the
				FWAB may not be accepted as timely for registration unless the applicant has
				met the applicable registration deadline. Section 24.2-419 of the Code of
				Virginia extends the mail registration deadline for certain military
				applicants. All applications requesting mailed ballots are subject to the mail
				absentee application deadline in §§ 24.2-459 and 24.2-701 of the Code of
				Virginia.
C. The following
				omissions are always material and any FWAB containing such omissions should be
				rendered invalid if on the declaration/affirmation any of the following, or
				combination thereof, exists:
1. The applicant
				has omitted the signature of the voter or the notation of an assistant in the
				voter signature box that the voter is unable to sign;
2. The applicant did not provide the
				applicant's birth year;
3. The
				applicant did not provide the last four digits of the applicant's social
				security number, or if the applicant's voter registration includes a statement
				of affirmation that the applicant has never been issued a social security
				number, the unique identifier assigned to the applicant in the voter
				registration system pursuant to § 24.2-404 A 1 of the Code of
				Virginia;
4. The applicant did not
				include the declaration/affirmation page; or
5. The applicant omitted from the
				declaration/affirmation information required by § 24.2-702.1 of the Code of
				Virginia needed to determine identity or eligibility including current military
				or overseas address.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 45 - ABSENT MILITARY AND OVERSEAS VOTERS › Form - FORMS (1VAC20-45)

Current through Register Vol. 40, No. 24, July 15, 2024
Federal
				  Post Card Application (FPCA), Voter Registration and Absentee Ballot Request,
				  Standard Form 76 (rev. 8/13)
Federal
				  Write-In Absentee Ballot (FWAB), Voter's Declaration/Affirmation, Standard Form
				  186 (rev. 8/13)
Envelope
				  B for Statement of UOCAVA Absentee Voter, 42 USC 1973ff-1 (rev.
				  7/13)
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 50 - CANDIDATE QUALIFICATION › Section 1VAC20-50-20 - Material omissions from candidate petitions and petition signature qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to the requirements of §§
									24.2-506,
				24.2-521,
				and
				24.2-543
				of the Code of Virginia, a petition or a petition signature should not be
				rendered invalid if it contains an error or omission not material to its proper
				processing.
B. The following
				omissions are always material and any petition containing such omissions shall
				be rendered invalid if:
1. The petition
				submitted is not the double-sided document, or a double-sided copy thereof,
				provided by the State Board of Elections;
2. The petition does not have the name, or
				some variation of the name, and address of the candidate on the front of the
				form;
3. The petition fails to
				identify the office sought on the front of the form;
4. The petition fails to identify the
				applicable election district in which the candidate is running for
				office;
5. The circulator has not
				signed the petition affidavit and provided his current address;
6. The circulator is a minor or a felon whose
				voting rights have not been restored;
7. The circulator has not signed the petition
				he circulated in the presence of a notary;
8. The circulator has not had a notary sign
				the affidavit for each petition submitted;
9. A person other than the circulator signed
				the petition affidavit;
10. The
				notary has not affixed a photographically reproducible seal;
11. The notary has not included his
				registration number and commission expiration date; or
12. Any combination of the scenarios of this
				subsection exists.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 50 - CANDIDATE QUALIFICATION › Section 1VAC20-50-40 - Review of canceled voter petition

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the requirements of §
									24.2-506B
				of the Code of Virginia, in the event a petition signer's voter registration
				status is canceled at the time of processing petition signatures:
1. The petition signer's name and reason for
				cancelation must be recorded on a list.
2. A list of canceled voter petition
				signatures must be retained by the reviewing entity with the candidate's
				petition page.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 50 - CANDIDATE QUALIFICATION › Form - FORMS (1VAC20-50)

Current through Register Vol. 40, No. 24, July 15, 2024
Commonwealth
				  of Virginia Petition of Qualified Voters, SBE 506/521 (rev.
				  7/10)
.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-20 - Material omissions on referendum petitions and petition signature qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to the requirements of § 24.2-684.1 of the Code of Virginia, a
				petition or a petition signature should not be rendered invalid if it contains
				an error or omission not material to its proper processing.
B. The following omissions are always
				material and any petition containing such omissions shall be rendered invalid
				if:
1. The petition submitted is not the
				double-sided document, or a double-sided copy thereof, provided by the State
				Board of Elections;
2. The
				"question" or "referendum issue" is not stated in a manner set forth by law on
				the front of the petition;
3. The
				circulator has not signed the petition affidavit and provided his current
				address;
4. The circulator is a
				minor or a felon whose voting rights have not been restored;
5. The circulator has not signed the
				affidavit for the petition he circulated in the presence of a notary;
6. The circulator has not had a notary sign
				the affidavit for each petition submitted;
7. A person other than the circulator signed
				the petition affidavit;
8. The
				notary has not affixed a photographically reproducible seal;
9. The notary has not included his
				registration number and commission expiration date; or
10. Any combination of the aforementioned
				scenarios exists.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-30 - Electronic devices in polling place

Current through Register Vol. 40, No. 24, July 15, 2024
A. The use of electronic devices inside the
				polling place is generally permitted. However, representatives of candidates
				and political parties authorized to observe the election are prohibited from
				taking photos or video within the polling place.
B. Officers of election are authorized to
				monitor the use of an electronic device by any individual in the polling place.
				Officers of election may restrict the use of an electronic device by any
				individual if that use hinders, delays, or disrupts the voting process; if that
				use attempts to solicit or in any manner attempts to influence any person in
				casting his vote; or if the individual attempts to intimidate another
				individual through use of an electronic device. Whether use of an electronic
				device by an individual is deemed in violation of this section is within the
				discretion of the majority of officers of election at each polling place. Upon
				determination of a violation of this section, the officers of election may (i)
				require any individual to cease the use of an electronic device, (ii) require
				any individual to limit the use of an electronic device to outside the polling
				place, or (iii) remove any individual from the polling place.
C. No voter may be removed from the polling
				place for the use of an electronic device until after the voter has cast his
				ballot.
D. The determination of the
				officers of election of any dispute concerning the use of an electronic device
				shall be subject to immediate appeal to the local electoral board.
E. An electoral board may not enact any
				policy that disallows the use of any electronic device by all
				individuals.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-40 - When ballot cast

Current through Register Vol. 40, No. 24, July 15, 2024
A. A voter,
				voting in person on election day or voting absentee in-person, has not voted
				until a permanent record of the voter's intent is preserved.
B. A permanent record is preserved by a voter
				(i) pressing the vote or cast button on a direct recording electronic machine,
				(ii) inserting an optical scan ballot into an electronic counter, or (iii)
				placing a paper ballot in an official ballot container .
C. A vote has not been cast by the voter
				unless and until the voter or an officer of election or assistant at the
				direction of and on behalf of the voter pursuant to § 24.2-649 of the Code of
				Virginia completes these actions to preserve a permanent record of the
				vote.
D. If any voter's ballot was
				not so cast by or at the direction of the voter, then the ballot cannot be cast
				by any officer of election or other person present. Notwithstanding the
				previous sentence, if a voter inserts a ballot into an optical scanner and
				departs prior to the ballot being returned by the scanner due to an undervote
				or overvote, the officer of election may cast the ballot for the absent
				voter.
E. An absentee voter who
				votes other than in person shall be deemed to have cast his ballot at the
				moment he personally delivers the ballot to the general registrar or electoral
				board or relinquishes control over the ballot to the U.S. Postal Service or
				other authorized carrier for returning the ballot as required by law.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-50 - Overfull optical scan ballot container

Current through Register Vol. 40, No. 24, July 15, 2024
A. If an optical
				scan reader in use in a polling place or a central absentee precinct
				malfunctions because the connected ballot container includes too many ballots,
				election officials may open the ballot container and empty the ballots with the
				following safeguards:
1. The optical scan
				ballot container shall be opened in plain sight of any authorized party
				representatives or other observers and, once the ballots have been deposited
				into an auxiliary ballot container, both ballot containers shall remain in
				plain sight in the polling place.
2. Any such auxiliary ballot container used
				shall meet the requirements of §
										24.2-623
				of the Code of Virginia.
3. In a
				general, special, or dual-party primary election, a minimum of two officers of
				election, not representing the same political party, shall execute such a
				transfer of ballots. In a single-party primary election, the transfer shall be
				conducted by a minimum of two officers of election who may represent the same
				party.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-60 - Provisional votes

Current through Register Vol. 40, No. 24, July 15, 2024
The electoral board or general registrar may attempt to
				  contact an individual who has voted a provisional ballot when required by §
				  24.2-643 of the Code of Virginia and remind the individual that he is permitted
				  to provide a copy of a form of identification as specified in subsection B of §
				  24.2-643 of the Code of Virginia to arrive no later than noon on the Friday
				  after election day. However, there shall be no requirement that the electoral
				  board or general registrar contact such individual.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-70 - Mandatory logic and accuracy testing for electronic pollbooks

Current through Register Vol. 40, No. 24, July 15, 2024
All localities must perform logic and accuracy testing on
				  their electronic pollbooks (EPBs) and certify to the Department of Elections
				  that testing was completed by noon on the day prior to any election. This
				  testing must confirm that the EPBs will provide promptly an accurate and secure
				  record of those who have voted pursuant to §
									24.2-611
				  of the Code of Virginia. Specifically, the logic and accuracy testing must do
				  the following:
1. The logic and
				accuracy testing must confirm that the appropriate election-specific data files
				were downloaded to the electronic pollbook. In dual primary elections,
				localities must show that applicable voter registration files were downloaded
				from both political parties so that the combined data files contain all voters
				and all absentee ballot information for voters eligible to participate in the
				election.
2. The logic and accuracy
				testing must confirm that the electronic pollbooks for each election are set to
				the correct type of election being held in that jurisdiction. For example, the
				data on the electronic pollbook must correlate with whether the upcoming
				election is a primary (single or dual) or general election.
3. The logic and accuracy testing must show
				that all precincts will provide the correct ballot styles to voters in the
				precincts. The locality must provide certification to the Department of
				Elections that all EPBs being used in an election have been tested in
				compliance with this section.
If a locality repeatedly fails to perform logic and accuracy
				  testing on their electronic pollbooks, then the Department of Elections and
				  State Board of Elections may disallow the locality's use of electronic
				  pollbooks in subsequent elections.
Statutory Authority: 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-80 - Request for a risk-limiting audit for a contested race within a jurisdiction

Current through Register Vol. 40, No. 24, July 15, 2024
A. For
				purposes of this section, "contested race" means a contested race wholly
				contained within the jurisdiction of the county or city for which an electoral
				board requesting a risk-limiting audit serves.
B. Pursuant to § 24.2-671.2 D of the Code of
				Virginia, a local electoral board shall follow the process in this subsection
				to request a risk-limiting audit of a contested race within its jurisdiction:
1. At the public canvass meeting following
				the election, an electoral board may elect to request a risk-limiting audit of
				a contested race or multiple contested races by a majority vote.
2. If a question to request a risk-limiting
				audit achieves a majority vote, an electoral board must submit a completed SBE
				671.2(D) Request for Risk-Limiting Audit Form to request State Board of
				Elections (SBE) approval of the audit. If requesting audits of multiple
				contested races, an electoral board must submit a completed SBE 671.2(D)
				Request for Risk-Limiting Audit Form for each race. If risk-limiting audits are
				requested for multiple contested races, the electoral board must request the
				same method of conducting the audit for each race.
3. The SBE will grant a request for a
				risk-limiting audit of a contested race if:
a. The submitted SBE 671.2(D) Request for
				Risk-Limiting Audit Form contains sufficient information for the SBE to
				determine that the local electoral board members cast a majority vote in favor
				of the audit request;
b. The
				submitted SBE-671.2(D) Request for Risk-Limiting Audit Form contains sufficient
				information for the SBE to determine the method of conducting the risk-limiting
				audit chosen by a majority vote of the electoral board, and, in the event that
				risk-limiting audits are requested for multiple contested races, the requested
				method of conducting the risk-limiting audit is the same for each
				race;
c. The submitted SBE 671.2(D)
				Request for Risk-Limiting Audit Form contains sufficient information for the
				SBE to determine which contested races are subject to the requested audit and
				that those contested races are in fact wholly contained within the jurisdiction
				of the city or county for which the local electoral board serves;
d. The SBE concludes that the audit is
				permissible under § 24.2-671.2 of the Code of Virginia and all other relevant
				provisions of law; and
e. The
				margin of the candidate with the most votes and the second most votes is equal
				to or greater than 1.0%.
4. Upon granting an electoral board's request
				for a risk-limiting audit, the SBE may grant an extension not to exceed two
				weeks of the local electoral board's certification deadline pursuant to §
				24.2-671 of the Code of Virginia if necessary for the conduct of the
				audit.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Section 1VAC20-60-90 - Material omissions from officer removal petitions and petition signature qualifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the
				requirements of §§ 24.2-233 and 24.2-235 of the Code of Virginia, a petition or
				a petition signature should not be rendered invalid if it contains an error or
				omission not material to its proper processing.
B. The following omissions are always
				material, and any petition containing such omissions shall be rendered invalid
				if:
1. The petition submitted is not the
				double-sided document, or a double-sided copy thereof, provided by the State
				Board of Elections;
2. The petition
				does not have the name, or some variation of the name, and the office of the
				officer to be removed on the front of the form;
3. The petition fails to identify the
				applicable jurisdiction in which the officer serves;
4. The petition does not have the specific
				reasons or grounds for removal on the form;
5. The circulator has not signed the petition
				affidavit and provided the circulator's current address;
6. The circulator is a minor or a felon whose
				voting rights have not been restored;
7. The circulator has not signed the petition
				the circulator circulated in the presence of a notary;
8. The circulator has not had a notary sign
				the affidavit for each petition submitted;
9. A person other than the circulator signed
				the petition affidavit;
10. The
				notary has not affixed a photographically reproducible seal;
11. The notary has not included the notary's
				registration number and commission expiration date; or
12. Any combination of the scenarios of this
				subsection exists.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 60 - ELECTION ADMINISTRATION › Form - FORMS (1VAC20-60)

Current through Register Vol. 40, No. 24, July 15, 2024
Commonwealth
				  of Virginia Petition of Qualified Voters For Referendum, SBE-684.1(1) (rev.
				  5/2011)
Request
				  for a Risk-Limiting Audit, SBE 671.2(D) (rev. 8/2022)
ELECT
				  233 Petition for the Removal of an Officer (rev. 5/2023)
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Application for an absentee ballot" means an application for
				  an absentee ballot submitted on any form approved for that purpose according to
				  federal and state laws. The term includes a Virginia Absentee Ballot
				  Application (SBE-701) and a Virginia Annual Absentee Ballot Application
				  (SBE-703.1).
"Envelope B" means the envelope required by § 24.2-706 of the
				  Code of Virginia which identifies the voter.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-20 - Material omissions from absentee ballots

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the requirements of § 24.2-706
				of the Code of Virginia, a timely received absentee ballot contained in an
				Envelope B shall not be rendered invalid if it contains an error or omission
				not material to its proper processing.
B. The following omissions are always
				material and any Envelope B containing such omissions shall be rendered invalid
				if any of the following exists:
1. Except as
				provided in subdivisions C 2 and C 3 of this section, the voter did not include
				the voter's full first name;
2. The
				voter did not provide the voter's last name;
3. The voter omitted the voter's generational
				suffix when one or more individuals with the same name are registered at the
				same address, and it is impossible to determine the identity of the
				voter;
4. The voter did not provide
				the voter's house number, street name, or rural route address;
5. The voter did not provide either the
				voter's city or zip code;
6. The
				voter did not sign Envelope B;
7.
				The voter did not provide the voter's birth year; or
8. The voter did not provide the last four
				digits of the voter's social security number, or if the voter's registration
				includes a statement of affirmation that the voter has never been issued a
				social security number, the unique identifier assigned to the voter in the
				voter registration system pursuant to § 24.2-404 A 1 of the Code of
				Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-40 - Alternative processing procedures for absentee ballots returned before election day

Current through Register Vol. 40, No. 24, July 15, 2024
Each general registrar in taking the measures as needed to
				  expedite counting absentee ballots under § 24.2-709.1 of the Code of Virginia
				  shall ensure that:
1. The general
				registrar staff assigned follow the instructions in this section for processing
				and verifying absentee ballots.
2.
				Each locality holds a mandatory pre-processing meeting on the seventh day
				immediately preceding the election and on either the Friday or Saturday
				immediately preceding the election. At each of those pre-processing meetings,
				the general registrar's office should pre-process all absentee ballots that
				were in their office's possession at the beginning of that day.
3. In the event that the general registrar's
				office is unable to process all ballots in their possession on the morning of
				either the Friday or Saturday before election day, then the general registrar's
				office should hold a final pre-processing meeting on the Monday immediately
				preceding the election.
4. All
				absentee ballots are secured at the end of each day following principles of
				dual control and chain of custody.
5. The general registrar staff assigned
				follow carefully all the requirements of § 24.2-709.1 of the Code of Virginia,
				including the requirement that at least two officers of election, one
				representing each party, be present during all hours that the expedited
				procedures are used.
6. Notice is
				given to the local political party chairs of the times and places for
				processing absentee ballots in sufficient time to allow for the authorized
				party representatives to be present.
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-50 - Version; applicable law

Current through Register Vol. 40, No. 24, July 15, 2024
An application on any version of an approved absentee ballot
				  application form shall be accepted based on the laws in effect at the time of
				  the election for which the voter is applying.
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-60 - Security requirements for absentee satellite offices

Current through Register Vol. 40, No. 24, July 15, 2024
A. To guarantee
				that their facilities are adequate for the protection of all election materials
				and voting systems, each locality that operates a satellite office pursuant to
				§
									24.2-701.2
				of the Code of Virginia must comply with the following:
1. Each satellite office must maintain an
				adequate number of ballots of each ballot style from all precincts within its
				locality.
2. Each satellite office
				must balance its voter credit records nightly by reconciling the public count
				with the electronic pollbook count at the end of each day.
3. Each satellite office must have reliable
				internet connectivity for the entire in-person absentee voting period. Here,
				"reliable" means that the connection meets the National Institute of Standards
				and Technology standards and that the likelihood of connectivity interruptions
				is low.
4. Computer systems at the
				satellite office locations will be directly connected to the Virginia
				Electronic Registration Information System (VERIS). Electronic pollbooks
				connected to the cloud or to a virtual private network (VPN) will be linked to
				each other across various satellite office locations as well as the General
				Registrar's office. Voter credit will be uploaded into VERIS at the end of each
				day, and updated files will be uploaded at the beginning of each day to the
				electronic pollbooks.
5. Each
				satellite office must be equipped such that it can (i) confirm that any
				attempted voter is eligible to vote in that election; (ii) confirm that any
				attempted voter has not previously voted in the election; and (iii) record each
				voter's participation in the election in real time.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-70 - Mandatory mailing elements on absentee ballot envelopes

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purposes
				of this regulation, the following words and terms have the following meanings:
"Outer absentee envelope" means the envelope containing the
				  materials referred to in §
										24.2-706B
				  3 of the Code of Virginia.
"Special insignia" and "insignia" mean the Official Election
				  Mail logo registered by the United States Postal Service with the United States
				  Patent and Trademark Office.
B. All general registrars must place
				intelligent mail barcodes on both the outer absentee envelope and on the return
				envelope.
C. Both the outer
				absentee envelope and return envelope must include a special insignia to
				identify Official Election Mail. The Department of Elections will ensure the
				proper insignia is available to the general registrars of each county and
				city.
Statutory Authority: 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Section 1VAC20-70-90 - Requirements for third parties mailing and assembling absentee ballots

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any agreement
				between a general registrar and a third party for the printing, assembling, and
				mailing of the items described in §
									24.2-706C
				of the Code of Virginia pursuant to §
									24.2-706D
				of the Code of Virginia must comply with the terms of this section.
B. To ensure the secure and timely delivery
				of voter information to third parties, general registrars must comply with the
				following:
1. General registrars shall not
				provide any voter information to a third party contracted with under §
										24.2-706
				of the Code of Virginia except for the information stated in §
										24.2-706D
				of the Code of Virginia and the minimum information necessary to timely print,
				assemble, or mail the documents listed under §
										24.2-706C
				of the Code of Virginia.
2. In
				sending the names, addresses, precincts, and ballot styles of voters to a third
				party, the general registrar will comply with the timelines established under §
										24.2-612
				of the Code of Virginia and any timelines issued by the Department of
				Elections.
3. In sending the names,
				addresses, precincts, ballot styles, and other necessary voter information to a
				third party, the general registrar will comply with any information security
				standards set by the Department of Elections.
4. As a security measure, general registrars
				shall use the data export file provided by the Department of Elections for the
				purpose of contracting with a third party under §
										24.2-706
				of the Code of Virginia.
5. General
				registrars are responsible for keeping a copy of any agreement with a third
				party made pursuant to §
										24.2-706D
				of the Code of Virginia for the duration of the agreement plus an additional
				two years. These copies may be stored either in a hard copy or
				electronically.
6. The general
				registrar is ultimately responsible for guaranteeing compliance with all
				relevant requirements under the Code of Virginia, including the requirements of
				§§
										24.2-612
				and
				24.2-706.
7. Upon forming a contract with a
				third party for the purpose of this section, the general registrar will provide
				the Department of Elections with a copy of the signed contract.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 70 - ABSENT MILITARY AND OVERSEAS VOTERS › Form - FORMS (1VAC20-70)

Current through Register Vol. 40, No. 24, July 15, 2024
Annual
				  Absentee Ballot Application, SBE-703.1 (rev. 7/13)
Virginia
				  Absentee Ballot Application Form, SBE-701 (rev. 7/13)
Envelope
				  B - Ballot - Statement of Absentee Voter (undated)
Statutory Authority: § 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 80 - RECOUNTS AND CONTESTED ELECTIONS › Section 1VAC20-80-20 - Recounts and contested elections

Current through Register Vol. 40, No. 24, July 15, 2024
A. Standards for any recounts or contests
				requested in the Commonwealth of Virginia shall be governed by Chapter 8 (§
				24.2-800 et seq.) of Title 24.2 of the Code of Virginia.
B. Upon notification by the court that a
				recount request has been filed pursuant to § 24.2-801 of the Code of Virginia,
				the Department of Elections shall promptly transmit to the appropriate court
				and electoral board or boards copies of the instructions corresponding to the
				types of ballots and equipment used in each county or city involved in the
				recount.
C. In preparation for the
				recount and pursuant to § 24.2-802 A of the Code of Virginia, the clerks of the
				circuit courts shall:
1. Secure all printed
				ballots and other election materials in sealed boxes;
2. Place all of the sealed boxes in a vault
				or room not open to the public or to anyone other than the clerk and his
				staff;
3. Cause such vault or room
				to be securely locked except when access is necessary for the clerk and his
				staff; and
4. Certify that these
				security measures have been taken in whatever form is deemed appropriate by the
				chief judge.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 80 - RECOUNTS AND CONTESTED ELECTIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (1VAC20-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Ballot
				  Examples for Handcounting Paper or Paper-Based Ballots for Virginia Elections
				  or Recounts, adopted August 2001, revised May 2002, November 2005, and June
				  2007, State Board of Elections
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 90 - CAMPAIGN FINANCE AND POLITICAL ADVERTISEMENTS › Section 1VAC20-90-10 - Definitions. (Reserved)

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority
§ 24.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 90 - CAMPAIGN FINANCE AND POLITICAL ADVERTISEMENTS › Section 1VAC20-90-30 - Express advocacy

Current through Register Vol. 40, No. 24, July 15, 2024
When used in Chapter 9.3 (§
									24.2-945
				  et seq.) and Chapter 9.5 (§
									24.2-955
				  et seq.) of Title 24.2 of the Code of Virginia, "expressly advocating" or any
				  variation thereof shall mean any communication that uses phrases such as "vote
				  for," "elect," "support," "cast your ballot for," "Smith for Congress," "vote
				  against," "defeat," "reject," or any variation thereof or any communication
				  when taken as a whole and with limited reference to external events, such as
				  the proximity to the election, that could only be interpreted by a reasonable
				  person as containing advocacy of the election or defeat of one or more clearly
				  identified candidates because (i) the electoral portion of the communication is
				  unmistakable, unambiguous, and suggestive of only one meaning and (ii)
				  reasonable minds could not differ as to whether it encourages actions to elect
				  or defeat one or more clearly identified candidates.
Statutory Authority: §
											24.2-103
					 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 90 - CAMPAIGN FINANCE AND POLITICAL ADVERTISEMENTS › Section 1VAC20-90-40 - Disclosure statement requirements; print media advertisements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following standards apply to print media advertisements under §§
									24.2-956 and  24.2-956.1 of the Code of Virginia.
B. Any disclosure statement required under either §
									24.2-956 or  24.2-956.1 of the Code of Virginia must be presented in a clear and conspicuous manner to give the reader notice of the candidate, candidate campaign committee, person, or political committee who paid for and, where required, who authorized the communication. A disclosure statement is not clear and conspicuous if it is difficult to read or if the placement is easily overlooked.
C. The disclosure statement must be of sufficient type size to be clearly readable by the recipient of the communication. A disclosure statement in 12-point type size satisfies the requirements of this subsection when it is used for signs, posters, flyers, newspapers, magazines, or other printed materials that measure no more than 24 inches by 36 inches.
D. The disclosure statement must be contained in a printed box set apart from the other contents of the communication.
E. The disclosure statement must be printed with a reasonable degree of color contrast between the background and the disclosure statement. A disclosure statement satisfies the color contrast requirement of this subsection if it is printed in black text on a white background or if the degree of color contrast between the background and the text of the disclosure statement is no less than the color contrast between the background and the largest text used in the communication.
F. The disclosure statement need not appear on the front or cover page of the communication as long as it appears within the communication, except on communications, such as billboards, that contain only a front face.
G. A communication that would require a disclosure statement, if distributed separately, that is included in a package of materials, must contain the required disclosure statement.
Statutory Authority: §§
											24.2-103 and  24.2-956 of the Code of Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-20 - Administration

Current through Register Vol. 40, No. 24, July 15, 2024
The Department of Elections shall publish on the department
				  website,
https://www.elections.virginia.gov
,
				  instructions on the administration of ranked choice voting
				  elections.
Statutory Authority: § 24.2-673.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-30 - Ranked choice voting

Current through Register Vol. 40, No. 24, July 15, 2024
As prescribed by § 24.2-673.1 of the Code of Virginia, a
				  county board of supervisors or city council may elect by majority to conduct an
				  election for its members by ranked choice voting. The adoption for ranked
				  choice voting shall only be valid for the election specified in the ordinance
				  adopted by the governing body.
1.
				Adoption to conduct an election by ranked choice voting must be enacted no
				later than 90 days prior to the date of the specified election.
2. Any locality that adopts to conduct an
				election by ranked choice voting must electronically transfer the signed
				ordinance to the Department of Elections promptly.
3. No ranked choice voting may be conducted
				for a primary with fewer than three candidates.
4. Notwithstanding § 24.2-613 E of the Code
				of Virginia, all ballot forms for an election conducted by ranked choice voting
				shall comply with the standards prescribed by the State Board of
				Elections.
Statutory Authority: § 24.2-673.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-40 - Ballot treatment

Current through Register Vol. 40, No. 24, July 15, 2024
As prescribed by § 24.2-673.1 of the Code of Virginia,
				  ballots shall be tabulated in the following manner:
1. Ranked choice overvote.
a. In the case of a ranked choice overvote
				for a ranking on a ballot, the ranking shall not be counted in any round, and
				the next valid ranking shall be counted in all rounds except the first-choice
				ranking tabulation.
b. In the case
				of a duplicate ranking for an active candidate, only the voter's highest
				ranking for the candidate shall be counted. Valid rankings after a duplicate
				ranking shall be counted.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-50 - Ranked choice voting tabulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. First-choice ranking tabulation round. For
				all elections for an office conducted by ranked choice voting, only
				first-choice rankings shall be counted in the first-choice ranking tabulation
				round. If any candidate has a vote total greater than or equal to the maximum
				possible threshold, that person shall be designated as elected. If the number
				of candidates whose vote total is equal to or greater than the maximum possible
				threshold is equal to the number of seats to be filled, those candidates are
				declared elected and tabulation in additional rounds shall not be conducted. If
				the number of candidates whose vote total is equal to or greater than the
				maximum possible threshold is less than the number of seats to be filled,
				tabulation shall proceed as set forth in subsections B and C of this
				section.
B. Instant runoff voting
				round. For any election for one office conducted by ranked choice voting, each
				active ballot shall count as one vote in each round for the highest-ranked
				active candidate on that ballot. Tabulation shall proceed in rounds with each
				round proceeding sequentially as follows:
1.
				If any active candidate has a majority of votes from active ballots in a round
				of tabulation, that person shall be designated as elected and the tabulation is
				complete.
2. If two or fewer active
				candidates remain, the candidate with the greatest number of votes is elected
				and tabulation is complete.
3. If
				more than two active candidates remain and no candidate has a majority of votes
				on active ballots in a round of tabulation, the active candidate with the
				fewest votes is defeated, votes for the defeated candidate are transferred to
				each ballot's highest-ranked active candidate, and a new round begins with
				subdivision 1 of this subsection.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-60 - Unreadable ballots

Current through Register Vol. 40, No. 24, July 15, 2024
In the event the general registrar receives a ballot that
				  cannot be read by the ballot scanner machine, the general registrar or election
				  official shall transpose the voter's intent to a machine readable
				  ballot.
Statutory Authority: § 24.2-673.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-65 - Write-Ins

Current through Register Vol. 40, No. 24, July 15, 2024
Pursuant to § 24.2-644 C of the Code of Virginia, at all
				  elections conducted by ranked choice voting except primary elections, any voter
				  may vote for any person other than the listed candidates for the office by
				  writing or hand printing the person's name on the official ballot.
Statutory Authority: § 24.2-673.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-70 - Election results

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				information must be publicly posted on the Department of Elections website at
https://www.elections.virginia.gov
:
1. First-choice ranking tabulation round vote
				results, reported by precinct; and
2. Results for each round completed pursuant
				to 1VAC20-100-50 B and C, including
				final results.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 20 - STATE BOARD OF ELECTIONS › Chapter 100 - RANKED CHOICE VOTING › Section 1VAC20-100-80 - Outreach

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of this section, "educational information"
				  means nonpartisan information that in plain language informs the public on the
				  adoption of ranked choice voting for an election, a description of ranked
				  choice voting, an unmarked official sample ranked choice voting ballot, and
				  instructions on how to read and mark the ballot.
1. The Department of Elections shall be
				required to post educational information about ranked choice voting on its
				website at
https://www.elections.virginia.gov
for the public.
2. Any county board
				of supervisors or city council that adopts to conduct an election by ranked
				choice voting shall develop and distribute educational information about ranked
				choice voting no later than 60 days before the specified election.
a. Educational information must be
				disseminated to the public through circulation in the local newspaper, posted
				on the locality's website, or mailed to active and inactive voters eligible to
				vote in the specified election.
b.
				Educational information must be posted in the office of the general registrar
				no later than 60 days before the specific election and made available for
				distribution if requested by the public.
c. Educational information about ranked
				choice voting shall be posted in each satellite office and polling place
				operating for the election.
Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 30 - DEPARTMENT OF GENERAL SERVICES › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 1VAC30-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of General Services. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-1102 and 2.2-4007.02 of the Code of
						Virginia.