{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-629.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-629.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-629.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-629.html"}],"law_id":83263,"edition_id":1,"section_id":83263,"structure_id":14748,"section_number":"24.2-629","catch_line":"State Board approval process of electronic voting systems","history":"1985, c. 458, \u00a7\u00a7 24.1-207.1; 1986, c. 558, \u00a7 24.1-206.3; 1993, c. 641; 1994, cc. 287, 742; 2001, cc. 640, 641; 2003, c. 1015; 2004, cc. 409, 993, 1010; 2007, c. 794; 2008, c. 703; 2014, cc. 540, 576; 2020, c. 294.","full_text":"A\n\nAny person, firm, or corporation, referred to in this article as the “vendor,” manufacturing, owning, or offering for sale any electronic voting or counting machine and ballots designed to be used with such equipment may apply to the State Board, in the manner prescribed by the Board, to have examined a production model of such equipment and the ballots used with it. The Board may require the vendor to pay a reasonable application fee when he files his request for testing or certification of new or upgraded voting equipment. Receipts from such fees shall be credited to the Board for reimbursement of testing and certification expenses. In addition to any other materials that may be required, a current statement of the financial status of the vendor, including any assets and liabilities, shall be filed with the Board; if the vendor is not the manufacturer of the equipment for which application is made, such a statement shall also be filed for the manufacturer. These statements shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The Board shall require, at a site of its choosing, a demonstration of such equipment and ballots and may require that a production model of the equipment and a supply of ballots be provided to the Board for testing purposes. The Board shall also require the vendor to provide documentation of the practices recommended by the vendor to ensure the optimum security and functionality of the system.B\n\nThe Board may approve any kind of electronic voting system that meets the following requirements:1\n\nIt shall provide clear instructions for voters on how to mark or select their choice and cast that vote.2\n\nIt shall provide facilities for voting for all offices at any election and on as many questions as may be submitted at any election.3\n\nIt shall be capable of processing ballots for all parties holding a primary election on the same day, but programmable in such a way that an individual ballot cast by a voter is limited to the party primary election in which the voter chooses to participate.4\n\nIt shall require votes for presidential and vice presidential electors to be cast for the presidential and vice presidential electors of one party by one operation. The ballot shall contain the words “Electors for” preceded by the name of the party or other authorized designation and followed by the names of the candidates for the offices of President and Vice President.5\n\nIt shall enable the voter to cast votes for as many persons for an office as lawfully permitted, but no more. It shall prevent the voter from casting a vote for the same person more than once for the same office. However, ballot scanner machines shall not be required to prevent a voter from voting for a greater number of candidates than he is lawfully entitled to.6\n\nIt shall enable the voter to cast a vote on any question on which he is lawfully permitted to vote, but no other.7\n\nIt shall provide the voter with an opportunity to correct any error before a ballot is cast.8\n\nIt shall correctly register or record and accurately count all votes cast for candidates and on questions.9\n\nIt shall be provided with a “protective counter,” whereby any operation of the machine before or after the election will be detected.10\n\nIt shall be provided with a counter that at all times during an election shall show how many persons have voted.11\n\nIt shall ensure voting in absolute secrecy. Ballot scanner machines shall provide for the secrecy of the ballot and a method to conceal the voted ballot.12\n\nIt shall be programmable to allow ballots to be separated when necessary.13\n\nIt shall retain each printed ballot cast.14\n\nBallot scanner machines shall report, if possible, the number of ballots on which a voter undervoted or overvoted.C\n\nAfter its examination of the equipment, ballots, and other materials submitted by the vendors, the Board shall prepare and file in its office a report of its finding as to (i) the apparent capability of such equipment to accurately count, register, and report votes; (ii) whether the system can be conveniently used without undue confusion to the voter; (iii) its accessibility to voters with disabilities; (iv) whether the system can be safely used without undue potential for fraud; (v) the ease of its operation and transportation by voting equipment custodians and officers of election; (vi) the financial stability of the vendor and manufacturer; (vii) whether the system meets the requirements of this title; (viii) whether the system meets federal requirements; (ix) whether issues of reliability and security identified with the system by other state governments have been adequately addressed by the vendor; and (x) whether, in the opinion of the Board, the potential for approval of such system is such as to justify further examination and testing.D\n\nIf the Board determines that there is such potential and prior to its final determination as to approval or disapproval of such system, the Board shall obtain a report by an independent electronics or engineering consultant as to (i) whether the system accurately counts, registers, and reports votes; (ii) whether it is capable of storing and retaining existing votes in a permanent memory in the event of power failure during and after the election; (iii) the number of separate memory capabilities for the storage of recorded votes; (iv) its mechanical and electronic perfections and imperfections; (v) the audit trail provided by the system; (vi) the anticipated frequency of repair; (vii) the ease of repair; (viii) the anticipated life of the equipment; (ix) its potential for fraudulent use; (x) its accessibility to voters with disabilities; (xi) the ease of its programming, transportation, and operation by voting equipment custodians and officers of election; and (xii) any other matters deemed necessary by the Board. Failure by an applicant to cooperate with the consultant by furnishing information and production equipment and ballots requested shall be deemed a withdrawal of the application, but nothing in this section shall require the disclosure of trade secrets by the applicant. If such trade secrets are essential to the proper analysis of the system and are provided for that reason, the consultant shall subscribe to an oath subject to the penalty for perjury that he will neither disclose nor make use of such information except as necessary for the system analysis. The report of the consultant shall be filed in the office of the Board.E\n\nIn preparing the reports cited in subsections C and D, the Board shall require, as a condition of certification, that the system is comprehensively examined by individuals including at least one expert in election management and one in computer system security. The Board shall develop, in conjunction with the above listed individuals, a specific set of items to be examined and tested as part of the certification process to further elaborate on the requirements identified in this section.F\n\nIf the Board determines that there is potential for approval of the system and prior to its final determination, the Board shall also require that the system be tested in an actual election in one or more counties or cities. Its use at such election shall be as valid for all purposes as if it had been legally approved by the Board and adopted by the counties or cities.G\n\nIf, following testing, the Board approves any voting system and its ballots for use, the Board shall so notify the electoral boards of each county and city. Systems so approved may be adopted for use at elections as herein provided. No form of voting system and ballots not so approved shall be adopted by any county or city. Any voting system and ballots approved for use by the Board shall be deemed to meet the requirements of this title and any applicable federal laws, and their use in any election shall be valid.H\n\nA vendor whose voting system is approved for use shall provide updates concerning its recommended practices for optimum security and functionality of the system, as may be requested by the Board. Any product for which requested updates are not provided shall be deemed non-compliant and may be decertified at the discretion of the Board.I\n\nThe Board shall have the authority to investigate, at its discretion, any voting system certified in Virginia to ensure that it continues to meet the standards outlined in subsections C and D. The Board may, at its discretion, decertify any voting system based on significant problems detected with the voting system in Virginia or on reports provided by federal authorities or other state election officials.","order_by":null,"text":{"0":{"id":298307,"text":"Any person, firm, or corporation, referred to in this article as the “vendor,” manufacturing, owning, or offering for sale any electronic voting or counting machine and ballots designed to be used with such equipment may apply to the State Board, in the manner prescribed by the Board, to have examined a production model of such equipment and the ballots used with it. The Board may require the vendor to pay a reasonable application fee when he files his request for testing or certification of new or upgraded voting equipment. Receipts from such fees shall be credited to the Board for reimbursement of testing and certification expenses. In addition to any other materials that may be required, a current statement of the financial status of the vendor, including any assets and liabilities, shall be filed with the Board; if the vendor is not the manufacturer of the equipment for which application is made, such a statement shall also be filed for the manufacturer. These statements shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The Board shall require, at a site of its choosing, a demonstration of such equipment and ballots and may require that a production model of the equipment and a supply of ballots be provided to the Board for testing purposes. The Board shall also require the vendor to provide documentation of the practices recommended by the vendor to ensure the optimum security and functionality of the system.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298308,"text":"The Board may approve any kind of electronic voting system that meets the following requirements:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":298309,"text":"It shall provide clear instructions for voters on how to mark or select their choice and cast that vote.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":298310,"text":"It shall provide facilities for voting for all offices at any election and on as many questions as may be submitted at any election.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":298311,"text":"It shall be capable of processing ballots for all parties holding a primary election on the same day, but programmable in such a way that an individual ballot cast by a voter is limited to the party primary election in which the voter chooses to participate.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":298312,"text":"It shall require votes for presidential and vice presidential electors to be cast for the presidential and vice presidential electors of one party by one operation. The ballot shall contain the words “Electors for” preceded by the name of the party or other authorized designation and followed by the names of the candidates for the offices of President and Vice President.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":298313,"text":"It shall enable the voter to cast votes for as many persons for an office as lawfully permitted, but no more. It shall prevent the voter from casting a vote for the same person more than once for the same office. However, ballot scanner machines shall not be required to prevent a voter from voting for a greater number of candidates than he is lawfully entitled to.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":298314,"text":"It shall enable the voter to cast a vote on any question on which he is lawfully permitted to vote, but no other.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":298315,"text":"It shall provide the voter with an opportunity to correct any error before a ballot is cast.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":298316,"text":"It shall correctly register or record and accurately count all votes cast for candidates and on questions.","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":298317,"text":"It shall be provided with a “protective counter,” whereby any operation of the machine before or after the election will be detected.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":298318,"text":"It shall be provided with a counter that at all times during an election shall show how many persons have voted.","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":298319,"text":"It shall ensure voting in absolute secrecy. Ballot scanner machines shall provide for the secrecy of the ballot and a method to conceal the voted ballot.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":298320,"text":"It shall be programmable to allow ballots to be separated when necessary.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":298321,"text":"It shall retain each printed ballot cast.","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":298322,"text":"Ballot scanner machines shall report, if possible, the number of ballots on which a voter undervoted or overvoted.","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"C"},"16":{"id":298323,"text":"After its examination of the equipment, ballots, and other materials submitted by the vendors, the Board shall prepare and file in its office a report of its finding as to (i) the apparent capability of such equipment to accurately count, register, and report votes; (ii) whether the system can be conveniently used without undue confusion to the voter; (iii) its accessibility to voters with disabilities; (iv) whether the system can be safely used without undue potential for fraud; (v) the ease of its operation and transportation by voting equipment custodians and officers of election; (vi) the financial stability of the vendor and manufacturer; (vii) whether the system meets the requirements of this title; (viii) whether the system meets federal requirements; (ix) whether issues of reliability and security identified with the system by other state governments have been adequately addressed by the vendor; and (x) whether, in the opinion of the Board, the potential for approval of such system is such as to justify further examination and testing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B14","next_prefix":"D"},"17":{"id":298324,"text":"If the Board determines that there is such potential and prior to its final determination as to approval or disapproval of such system, the Board shall obtain a report by an independent electronics or engineering consultant as to (i) whether the system accurately counts, registers, and reports votes; (ii) whether it is capable of storing and retaining existing votes in a permanent memory in the event of power failure during and after the election; (iii) the number of separate memory capabilities for the storage of recorded votes; (iv) its mechanical and electronic perfections and imperfections; (v) the audit trail provided by the system; (vi) the anticipated frequency of repair; (vii) the ease of repair; (viii) the anticipated life of the equipment; (ix) its potential for fraudulent use; (x) its accessibility to voters with disabilities; (xi) the ease of its programming, transportation, and operation by voting equipment custodians and officers of election; and (xii) any other matters deemed necessary by the Board. Failure by an applicant to cooperate with the consultant by furnishing information and production equipment and ballots requested shall be deemed a withdrawal of the application, but nothing in this section shall require the disclosure of trade secrets by the applicant. If such trade secrets are essential to the proper analysis of the system and are provided for that reason, the consultant shall subscribe to an oath subject to the penalty for perjury that he will neither disclose nor make use of such information except as necessary for the system analysis. The report of the consultant shall be filed in the office of the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"18":{"id":298325,"text":"In preparing the reports cited in subsections C and D, the Board shall require, as a condition of certification, that the system is comprehensively examined by individuals including at least one expert in election management and one in computer system security. The Board shall develop, in conjunction with the above listed individuals, a specific set of items to be examined and tested as part of the certification process to further elaborate on the requirements identified in this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"19":{"id":298326,"text":"If the Board determines that there is potential for approval of the system and prior to its final determination, the Board shall also require that the system be tested in an actual election in one or more counties or cities. Its use at such election shall be as valid for all purposes as if it had been legally approved by the Board and adopted by the counties or cities.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"20":{"id":298327,"text":"If, following testing, the Board approves any voting system and its ballots for use, the Board shall so notify the electoral boards of each county and city. Systems so approved may be adopted for use at elections as herein provided. No form of voting system and ballots not so approved shall be adopted by any county or city. Any voting system and ballots approved for use by the Board shall be deemed to meet the requirements of this title and any applicable federal laws, and their use in any election shall be valid.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"21":{"id":298328,"text":"A vendor whose voting system is approved for use shall provide updates concerning its recommended practices for optimum security and functionality of the system, as may be requested by the Board. Any product for which requested updates are not provided shall be deemed non-compliant and may be decertified at the discretion of the Board.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"22":{"id":298329,"text":"The Board shall have the authority to investigate, at its discretion, any voting system certified in Virginia to ensure that it continues to meet the standards outlined in subsections C and D. The Board may, at its discretion, decertify any voting system based on significant problems detected with the voting system in Virginia or on reports provided by federal authorities or other state election officials.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14748,"edition_id":1,"name":"Voting Equipment and Systems","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13022,"metadata":{},"date_created":"2026-06-26 03:49:42","date_modified":"2026-06-26 03:49:42","permalink":{"id":188537,"object_type":"structure","relational_id":14748,"identifier":"3","token":"24.2\/6\/3","url":"\/24.2\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13022,"edition_id":1,"name":"The Election","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":188395,"object_type":"structure","relational_id":13022,"identifier":"6","token":"24.2\/6","url":"\/24.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81594,"structure_id":14748,"section_number":"24.2-625","catch_line":"Application of Title 24.2 and general law","url":"\/24.2-625\/","token":"24.2\/6\/3\/24.2-625","metadata":false},{"id":64556,"structure_id":14748,"section_number":"24.2-625.1","catch_line":"Voting equipment security","url":"\/24.2-625.1\/","token":"24.2\/6\/3\/24.2-625.1","metadata":false},{"id":75404,"structure_id":14748,"section_number":"24.2-625.2","catch_line":"Wireless communications at polling places","url":"\/24.2-625.2\/","token":"24.2\/6\/3\/24.2-625.2","metadata":false},{"id":56486,"structure_id":14748,"section_number":"24.2-626","catch_line":"Governing bodies shall acquire electronic voting systems","url":"\/24.2-626\/","token":"24.2\/6\/3\/24.2-626","metadata":false},{"id":75102,"structure_id":14748,"section_number":"24.2-626.1","catch_line":"Acquisition and use of accessible voting devices","url":"\/24.2-626.1\/","token":"24.2\/6\/3\/24.2-626.1","metadata":false},{"id":71016,"structure_id":14748,"section_number":"24.2-627","catch_line":"Electronic voting systems; number required","url":"\/24.2-627\/","token":"24.2\/6\/3\/24.2-627","metadata":false},{"id":69036,"structure_id":14748,"section_number":"24.2-628","catch_line":"Repealed","url":"\/24.2-628\/","token":"24.2\/6\/3\/24.2-628","metadata":false},{"id":83263,"structure_id":14748,"section_number":"24.2-629","catch_line":"State Board approval process of electronic voting systems","url":"\/24.2-629\/","token":"24.2\/6\/3\/24.2-629","metadata":false},{"id":85534,"structure_id":14748,"section_number":"24.2-630","catch_line":"Experimental use of approved systems","url":"\/24.2-630\/","token":"24.2\/6\/3\/24.2-630","metadata":false},{"id":69604,"structure_id":14748,"section_number":"24.2-631","catch_line":"Experimental use of voting systems and ballots prior to approval of the system","url":"\/24.2-631\/","token":"24.2\/6\/3\/24.2-631","metadata":false},{"id":63370,"structure_id":14748,"section_number":"24.2-632","catch_line":"Voting equipment custodians","url":"\/24.2-632\/","token":"24.2\/6\/3\/24.2-632","metadata":false},{"id":67570,"structure_id":14748,"section_number":"24.2-633","catch_line":"Notice of final testing of voting system; sealing equipment","url":"\/24.2-633\/","token":"24.2\/6\/3\/24.2-633","metadata":false},{"id":70313,"structure_id":14748,"section_number":"24.2-634","catch_line":"Locking and securing after preparation","url":"\/24.2-634\/","token":"24.2\/6\/3\/24.2-634","metadata":false},{"id":65283,"structure_id":14748,"section_number":"24.2-635","catch_line":"Demonstration of equipment","url":"\/24.2-635\/","token":"24.2\/6\/3\/24.2-635","metadata":false},{"id":82884,"structure_id":14748,"section_number":"24.2-636","catch_line":"Instruction as to use of equipment","url":"\/24.2-636\/","token":"24.2\/6\/3\/24.2-636","metadata":false},{"id":59705,"structure_id":14748,"section_number":"24.2-637","catch_line":"Furniture and equipment to be at polling places","url":"\/24.2-637\/","token":"24.2\/6\/3\/24.2-637","metadata":false},{"id":60602,"structure_id":14748,"section_number":"24.2-638","catch_line":"Voting equipment to be in plain view; officers and others not permitted to see actual voting; unlocking counter compartment of equipment, etc","url":"\/24.2-638\/","token":"24.2\/6\/3\/24.2-638","metadata":false},{"id":56688,"structure_id":14748,"section_number":"24.2-639","catch_line":"Duties of officers of election","url":"\/24.2-639\/","token":"24.2\/6\/3\/24.2-639","metadata":false},{"id":69224,"structure_id":14748,"section_number":"24.2-640","catch_line":"Repealed","url":"\/24.2-640\/","token":"24.2\/6\/3\/24.2-640","metadata":false},{"id":82022,"structure_id":14748,"section_number":"24.2-641","catch_line":"Sample ballot","url":"\/24.2-641\/","token":"24.2\/6\/3\/24.2-641","metadata":false},{"id":80339,"structure_id":14748,"section_number":"24.2-642","catch_line":"Inoperative equipment","url":"\/24.2-642\/","token":"24.2\/6\/3\/24.2-642","metadata":false}],"previous_section":{"id":69036,"structure_id":14748,"section_number":"24.2-628","catch_line":"Repealed","url":"\/24.2-628\/","token":"24.2\/6\/3\/24.2-628","metadata":false},"next_section":{"id":85534,"structure_id":14748,"section_number":"24.2-630","catch_line":"Experimental use of approved systems","url":"\/24.2-630\/","token":"24.2\/6\/3\/24.2-630","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-629\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 458 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 558; in 1993, chapter 641; in 1994, chapters 287<\/a> and 742<\/a>; in 2001, chapters 640<\/a> and 641<\/a>; in 2003, chapter 1015<\/a>; in 2004, chapters 409<\/a>, 993<\/a>, and 1010<\/a>; in 2007, chapter 794<\/a>; in 2008, chapter 703<\/a>; in 2014, chapters 540<\/a> and 576<\/a>; in 2020, chapter 294<\/a>.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":188567,"object_type":"law","relational_id":83263,"identifier":"24.2-629","token":"24.2\/6\/3\/24.2-629","url":"\/24.2-629\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-629\/","token":"24.2\/6\/3\/24.2-629","dublin_core":{"Title":"State Board approval process of electronic voting systems","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-629","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person, firm, or corporation, referred to in this article as the “vendor,” manufacturing, owning, or offering for sale any electronic voting or counting machine and ballots designed to be used with such equipment may apply to the State Board<\/span>, in the manner prescribed by the Board, to have examined a production model of such equipment and the ballots used with it. The Board may require the vendor to pay a reasonable application fee when he files his request for testing or certification of new or upgraded voting equipment. Receipts from such fees shall be credited to the Board for reimbursement of testing and certification expenses. In addition to any other materials<\/span> that may be required, a current statement of the financial status of the vendor, including any assets<\/span> and liabilities, shall be filed with the Board; if the vendor is not the manufacturer of the equipment for which application is made, such a statement shall also be filed for the manufacturer. These statements shall be exempt from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). The Board shall require, at a site of its choosing, a demonstration of such equipment and ballots and may require that a production model of the equipment and a supply of ballots be provided to the Board for testing purposes. The Board shall also require the vendor to provide documentation of the practices recommended by the vendor to ensure the optimum security and functionality of the system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board may approve any kind of electronic voting system<\/span> that meets the following requirements: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> It shall provide clear instructions for voters on how to mark or select their choice and cast that vote. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> It shall provide facilities for voting for all offices at any election<\/span> and on as many questions as may be submitted at any election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> It shall be capable of processing ballots for all parties holding a primary election<\/span> on the same day, but programmable in such a way that an individual ballot cast by a voter is limited to the party<\/span> primary election<\/span> in which the voter chooses to participate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> It shall require votes for presidential and vice presidential electors to be cast for the presidential and vice presidential electors of one party<\/span> by one operation. The ballot shall contain the words “Electors for” preceded by the name of the party<\/span> or other authorized designation and followed by the names of the candidates<\/span> for the offices of President and Vice President. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> It shall enable the voter to cast votes for as many persons for an office as lawfully permitted, but no more. It shall prevent the voter from casting a vote for the same person more than once for the same office. However, ballot scanner machines<\/span> shall not be required to prevent a voter from voting for a greater number of candidates<\/span> than he is lawfully entitled to. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> It shall enable the voter to cast a vote on any question on which he is lawfully permitted to vote, but no other. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> It shall provide the voter with an opportunity to correct any error before a ballot is cast. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> It shall correctly register or record and accurately count all votes cast for candidates<\/span> and on questions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> It shall be provided with a “protective counter,” whereby any operation of the machine before or after the election will be detected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> It shall be provided with a counter that at all times during an election shall show how many persons have voted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> It shall ensure voting in absolute secrecy. Ballot scanner machines<\/span> shall provide for the secrecy of the ballot and a method to conceal the voted ballot. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> It shall be programmable to allow ballots to be separated when necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> It shall retain each printed ballot<\/span> cast. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Ballot scanner machines<\/span> shall report, if possible, the number of ballots on which a voter undervoted or overvoted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After its examination of the equipment, ballots, and other materials<\/span> submitted by the vendors, the Board shall prepare and file in its office a report of its finding<\/span> as to (i) the apparent capability of such equipment to accurately count, register, and report votes; (ii) whether the system can be conveniently used without undue confusion to the voter; (iii) its accessibility to voters with disabilities; (iv) whether the system can be safely used without undue potential for fraud<\/span>; (v) the ease of its operation and transportation by voting equipment custodians and officers of election; (vi) the financial stability of the vendor and manufacturer; (vii) whether the system meets the requirements of this title; (viii) whether the system meets federal requirements; (ix) whether issues<\/span> of reliability and security identified with the system by other state governments have been adequately addressed by the vendor; and (x) whether, in the opinion<\/span> of the Board, the potential for approval of such system is such as to justify further examination and testing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the Board determines that there is such potential and prior to its final determination as to approval or disapproval of such system, the Board shall obtain a report by an independent electronics or engineering consultant as to (i) whether the system accurately counts, registers, and reports votes; (ii) whether it is capable of storing and retaining existing votes in a permanent memory in the event of power failure during and after the election; (iii) the number of separate memory capabilities for the storage of recorded votes; (iv) its mechanical and electronic perfections and imperfections; (v) the audit trail provided by the system; (vi) the anticipated frequency of repair; (vii) the ease of repair; (viii) the anticipated life of the equipment; (ix) its potential for fraudulent use; (x) its accessibility to voters with disabilities; (xi) the ease of its programming, transportation, and operation by voting equipment custodians and officers of election; and (xii) any other matters deemed necessary by the Board. Failure by an applicant to cooperate with the consultant by furnishing information and production equipment and ballots requested shall be deemed a withdrawal of the application, but nothing in this section shall require the disclosure of trade secrets by the applicant. If such trade secrets are essential to the proper analysis of the system and are provided for that reason, the consultant shall subscribe to an oath<\/span> subject to the penalty<\/span> for perjury<\/span> that he will neither disclose nor make use of such information except as necessary for the system analysis. The report of the consultant shall be filed in the office of the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In preparing the reports cited in subsections C and D, the Board shall require, as a condition of certification, that the system is comprehensively examined by individuals including at least one expert in election management and one in computer system security. The Board shall develop, in conjunction with the above listed individuals, a specific set of items to be examined and tested as part of the certification process to further elaborate on the requirements identified in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the Board determines that there is potential for approval of the system and prior to its final determination, the Board shall also require that the system be tested in an actual election in one or more counties or cities. Its use at such election shall be as valid for all purposes as if it had been legally approved by the Board and adopted by the counties or cities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If, following testing, the Board approves any voting system<\/span> and its ballots for use, the Board shall so notify the electoral boards<\/span> of each county and city. Systems so approved may be adopted for use at elections<\/span> as herein provided. No form of voting system<\/span> and ballots not so approved shall be adopted by any county or city. Any voting system<\/span> and ballots approved for use by the Board shall be deemed to meet the requirements of this title and any applicable federal laws<\/span>, and their use in any election shall be valid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A vendor whose voting system<\/span> is approved for use shall provide updates concerning its recommended practices for optimum security and functionality of the system, as may be requested by the Board. Any product for which requested updates are not provided shall be deemed non-compliant and may be decertified at the discretion of the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Board shall have the authority to investigate, at its discretion, any voting system<\/span> certified in Virginia to ensure that it continues to meet the standards outlined in subsections C and D. The Board may, at its discretion, decertify any voting system<\/span> based on significant problems detected with the voting system<\/span> in Virginia or on reports provided by federal authorities or other state election officials. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE BOARD APPROVAL PROCESS OF ELECTRONIC VOTING SYSTEMS (\u00a7 24.2-629)\n\nA. Any person, firm, or corporation, referred to in this article as the\n“vendor,” manufacturing, owning, or offering for sale any electronic\nvoting or counting machine and ballots designed to be used with such equipment\nmay apply to the State Board, in the manner prescribed by the Board, to have\nexamined a production model of such equipment and the ballots used with it. The\nBoard may require the vendor to pay a reasonable application fee when he files\nhis request for testing or certification of new or upgraded voting equipment.\nReceipts from such fees shall be credited to the Board for reimbursement of\ntesting and certification expenses. In addition to any other materials that may\nbe required, a current statement of the financial status of the vendor,\nincluding any assets and liabilities, shall be filed with the Board; if the\nvendor is not the manufacturer of the equipment for which application is made,\nsuch a statement shall also be filed for the manufacturer. These statements\nshall be exempt from the provisions of the Virginia Freedom of Information Act\n(§ 2.2-3700 et seq.). The Board shall require, at a site of its choosing, a\ndemonstration of such equipment and ballots and may require that a production\nmodel of the equipment and a supply of ballots be provided to the Board for\ntesting purposes. The Board shall also require the vendor to provide\ndocumentation of the practices recommended by the vendor to ensure the optimum\nsecurity and functionality of the system.\n\nB. The Board may approve any kind of electronic voting system that meets the\nfollowing requirements:\n\n 1. It shall provide clear instructions for voters on how to mark or select\n their choice and cast that vote.\n\n 2. It shall provide facilities for voting for all offices at any election and\n on as many questions as may be submitted at any election.\n\n 3. It shall be capable of processing ballots for all parties holding a primary\n election on the same day, but programmable in such a way that an individual\n ballot cast by a voter is limited to the party primary election in which the\n voter chooses to participate.\n\n 4. It shall require votes for presidential and vice presidential electors to\n be cast for the presidential and vice presidential electors of one party by\n one operation. The ballot shall contain the words “Electors for”\n preceded by the name of the party or other authorized designation and followed\n by the names of the candidates for the offices of President and Vice\n President.\n\n 5. It shall enable the voter to cast votes for as many persons for an office\n as lawfully permitted, but no more. It shall prevent the voter from casting a\n vote for the same person more than once for the same office. However, ballot\n scanner machines shall not be required to prevent a voter from voting for a\n greater number of candidates than he is lawfully entitled to.\n\n 6. It shall enable the voter to cast a vote on any question on which he is\n lawfully permitted to vote, but no other.\n\n 7. It shall provide the voter with an opportunity to correct any error before\n a ballot is cast.\n\n 8. It shall correctly register or record and accurately count all votes cast\n for candidates and on questions.\n\n 9. It shall be provided with a “protective counter,” whereby any\n operation of the machine before or after the election will be detected.\n\n 10. It shall be provided with a counter that at all times during an election\n shall show how many persons have voted.\n\n 11. It shall ensure voting in absolute secrecy. Ballot scanner machines shall\n provide for the secrecy of the ballot and a method to conceal the voted\n ballot.\n\n 12. It shall be programmable to allow ballots to be separated when necessary.\n\n 13. It shall retain each printed ballot cast.\n\n 14. Ballot scanner machines shall report, if possible, the number of ballots\n on which a voter undervoted or overvoted.\n\nC. After its examination of the equipment, ballots, and other materials\nsubmitted by the vendors, the Board shall prepare and file in its office a\nreport of its finding as to (i) the apparent capability of such equipment to\naccurately count, register, and report votes; (ii) whether the system can be\nconveniently used without undue confusion to the voter; (iii) its accessibility\nto voters with disabilities; (iv) whether the system can be safely used without\nundue potential for fraud; (v) the ease of its operation and transportation by\nvoting equipment custodians and officers of election; (vi) the financial\nstability of the vendor and manufacturer; (vii) whether the system meets the\nrequirements of this title; (viii) whether the system meets federal\nrequirements; (ix) whether issues of reliability and security identified with\nthe system by other state governments have been adequately addressed by the\nvendor; and (x) whether, in the opinion of the Board, the potential for approval\nof such system is such as to justify further examination and testing.\n\nD. If the Board determines that there is such potential and prior to its final\ndetermination as to approval or disapproval of such system, the Board shall\nobtain a report by an independent electronics or engineering consultant as to\n(i) whether the system accurately counts, registers, and reports votes; (ii)\nwhether it is capable of storing and retaining existing votes in a permanent\nmemory in the event of power failure during and after the election; (iii) the\nnumber of separate memory capabilities for the storage of recorded votes; (iv)\nits mechanical and electronic perfections and imperfections; (v) the audit trail\nprovided by the system; (vi) the anticipated frequency of repair; (vii) the ease\nof repair; (viii) the anticipated life of the equipment; (ix) its potential for\nfraudulent use; (x) its accessibility to voters with disabilities; (xi) the ease\nof its programming, transportation, and operation by voting equipment custodians\nand officers of election; and (xii) any other matters deemed necessary by the\nBoard. Failure by an applicant to cooperate with the consultant by furnishing\ninformation and production equipment and ballots requested shall be deemed a\nwithdrawal of the application, but nothing in this section shall require the\ndisclosure of trade secrets by the applicant. If such trade secrets are\nessential to the proper analysis of the system and are provided for that reason,\nthe consultant shall subscribe to an oath subject to the penalty for perjury\nthat he will neither disclose nor make use of such information except as\nnecessary for the system analysis. The report of the consultant shall be filed\nin the office of the Board.\n\nE. In preparing the reports cited in subsections C and D, the Board shall\nrequire, as a condition of certification, that the system is comprehensively\nexamined by individuals including at least one expert in election management and\none in computer system security. The Board shall develop, in conjunction with\nthe above listed individuals, a specific set of items to be examined and tested\nas part of the certification process to further elaborate on the requirements\nidentified in this section.\n\nF. If the Board determines that there is potential for approval of the system\nand prior to its final determination, the Board shall also require that the\nsystem be tested in an actual election in one or more counties or cities. Its\nuse at such election shall be as valid for all purposes as if it had been\nlegally approved by the Board and adopted by the counties or cities.\n\nG. If, following testing, the Board approves any voting system and its ballots\nfor use, the Board shall so notify the electoral boards of each county and city.\nSystems so approved may be adopted for use at elections as herein provided. No\nform of voting system and ballots not so approved shall be adopted by any county\nor city. Any voting system and ballots approved for use by the Board shall be\ndeemed to meet the requirements of this title and any applicable federal laws,\nand their use in any election shall be valid.\n\nH. A vendor whose voting system is approved for use shall provide updates\nconcerning its recommended practices for optimum security and functionality of\nthe system, as may be requested by the Board. Any product for which requested\nupdates are not provided shall be deemed non-compliant and may be decertified at\nthe discretion of the Board.\n\nI. The Board shall have the authority to investigate, at its discretion, any\nvoting system certified in Virginia to ensure that it continues to meet the\nstandards outlined in subsections C and D. The Board may, at its discretion,\ndecertify any voting system based on significant problems detected with the\nvoting system in Virginia or on reports provided by federal authorities or other\nstate election officials.\n\nHISTORY: 1985, c. 458, \u00a7\u00a7 24.1-207.1; 1986, c. 558, \u00a7 24.1-206.3; 1993, c.\n641; 1994, cc. 287, 742; 2001, cc. 640, 641; 2003, c. 1015; 2004, cc. 409, 993,\n1010; 2007, c. 794; 2008, c. 703; 2014, cc. 540, 576; 2020, c. 294.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}