24.2-669 - Clerk to keep ballots; inspection; destruction.
§ 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 notallow the ballots to be inspected except (i) by an authorized representativeof the State Board or by the electoral board at the direction of the StateBoard 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 theelectoral 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 whichthere 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 aproceeding in which the ballots are necessary for use in evidence, or (iv)for the purpose of conducting an audit as part of a post-election pilotprogram pursuant to § 24.2-671.l. In the event that ballots are inspectedunder clause (i), (ii), or (iv) of this paragraph, each political party andeach independent candidate on the ballot, or each primary candidate, shall beentitled to have a representative present during such inspection. Therepresentatives and observers lawfully present shall be prohibited frominterfering with the officers of election in any way. The State Board orlocal electoral board shall provide such parties and candidates reasonableadvance notice of the inspection.
After the counted ballots for a federal election have remained in the clerk'soffice for two years, if no election contest or other proceeding is pendingin which such ballots may be needed as evidence, the clerk shall destroy suchballots. After the counted ballots for any other election have remained inthe clerk's office for one year, if no election contest or other proceedingis pending in which such ballots may be needed as evidence, the clerk shalldestroy such ballots. After the unused ballots have remained in the clerk'soffice and the time has expired for initiating a recount, contest, or otherproceeding in which such ballots may be needed as evidence and no suchcontest or proceeding is pending, the clerk may then destroy the unusedballots other than punchcard ballots, which shall be returned to theelectoral 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.)