24.2-671.1 - Pilot programs for audits of optical scan tabulators.
§ 24.2-671.1. Pilot programs for audits of optical scan tabulators.
A. The State Board shall be authorized to provide for pilot programs in oneor more localities with respect to an election in which the margin betweenthe top two candidates for each office on the ballot exceeds 10 percent, withthe consent of the electoral board of the locality, to conduct apost-election audit of one or more optical scan tabulators in one or moreprecincts, notwithstanding any other provision of law to the contrary. Thepurposes of the pilot programs shall be to study the accuracy of optical scantabulators; to evaluate the time, cost, and accuracy of audits; and todetermine proper procedures for conducting audits. A pilot program may auditany combination of randomly selected or specific tabulators.
B. No audit conducted as part of a pilot program shall commence until afterthe election has been certified and the period to initiate a recount hasexpired without the initiation of a recount. An audit conducted as part of apilot program shall have no effect on the election results.
C. All audits shall be performed in accordance with the procedures prescribedby the State Board under the supervision of the local electoral board. Theprocedures established by the State Board shall include its procedures forconducting hand counts of ballots. Candidates and political parties may haverepresentatives observe the audits.
D. At the conclusion of each audit, the local electoral board shall announcepublicly the results of the audit of the machines in its jurisdiction. Theannouncement shall include a comparison of the audited election results andthe initial tally for each machine audited, and an analysis of any detecteddiscrepancies.
(2008, c. 565.)