24.2-639 - Duties of officers of election.
§ 24.2-639. Duties of officers of election.
The officers of election of each precinct at which voting or countingequipment is used shall meet at the polling place by 5:15 a.m. on the day ofthe election and arrange the equipment, furniture, and other materials forthe conduct of the election. The officers of election shall verify that allrequired equipment, ballots, and other materials have been delivered to themfor the election. The officers shall post at least two instruction cards formechanical or direct electronic voting devices conspicuously within thepolling place.
The keys to the equipment and any electronic activation devices that arerequired for the operation of electronic voting equipment shall be delivered,prior to the opening of the polls, to the officer of election designated bythe electoral board in a sealed envelope on which has been written or printedthe name of the precinct for which it is intended. The envelope containingthe keys and any electronic activation devices shall not be opened until allof the officers of election for the precinct are present at the polling placeand have examined the envelope to see that it has not been opened. Theequipment shall remain locked against voting until the polls are formallyopened and shall not be operated except by voters in voting.
Before opening the polls, each officer shall examine the equipment and seethat no vote has been cast and that the counters register zero. The officersshall conduct their examination in the presence of the following party andcandidate representatives: one authorized representative of each politicalparty or independent candidate in a general or special election, or oneauthorized representative of each candidate in a primary election, if suchrepresentatives are available. Each authorized representative shall be aqualified voter of any jurisdiction of the Commonwealth. Each representative,who is not himself a candidate or party chairman, shall present to theofficers of election a written statement designating him to be arepresentative of the party or candidate and signed by the county or citychairman of his political party, the independent candidate, or the primarycandidate, as appropriate. Such statement, bearing the chairman's orcandidate's original signature, may be photocopied and such photocopy shallbe as valid as if the copy had been signed.
If any counter, other than a protective or private counter, on mechanicalvoting equipment is found not to register zero, the officers shall make awritten statement identifying the counter, together with the numberregistered on it, and shall sign and post the statement on the wall of thepolling room, where it shall remain during the day of election. The officersshall enter a similar statement on the statement of results. In determiningthe results, they shall subtract such number from the final total registeredon that counter. If any counter, other than a protective or private counter,on a mark sense or direct recording electronic voting device is found not toregister zero, the officers of election shall immediately notify theelectoral board which shall, if possible, substitute a device in good workingorder, that has been prepared and tested pursuant to § 24.2-634. No marksense or direct recording electronic device shall be used if any counter,other than a protective or private counter, is found not to register zero.
(Code 1950, § 24-306; 1970, c. 462, § 24.1-216; 1972, c. 620; 1985, c. 458;1993, c. 641; 1998, c. 264; 2003, c. 1015; 2004, cc. 993, 1010; 2010, c. 448.)