{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-642.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-642.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-642.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-642.html"}],"law_id":80339,"edition_id":1,"section_id":80339,"structure_id":14748,"section_number":"24.2-642","catch_line":"Inoperative equipment","history":"Code 1950, \u00a7 24-311; 1970, c. 462, \u00a7 24.1-221; 1981, c. 570; 1985, c. 458; 1993, c. 641; 2000, c. 282; 2003, c. 1015; 2004, cc. 978, 993, 1006, 1010; 2014, cc. 540, 576; 2016, cc. 18, 492.","full_text":"A\n\nWhen any voting or counting machine becomes inoperative in whole or in part while the polls are open, the officers of election shall immediately notify the electoral board or general registrar. If possible, the electoral board or general registrar shall dispatch a qualified technician to the polling place to repair the inoperative machine. All repairs shall be made in the presence of two officers of election representing the two political parties or, in the case of a primary election for only one party, two officers representing that party. If the machine cannot be repaired on site, the general registrar shall, if possible, substitute a machine in good order for the inoperative machine and at the close of the polls the record of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining the results of the election.\n\t\t\tNo voting or counting machines, including inoperative machines, shall be removed from the plain view of the officers of election or from the polling place at any time during the election and through the determination of the vote as provided in &#xA7; 24.2-657 except as explicitly provided pursuant to the provisions of this title.\n\t\t\tNo voting or counting machine that has become inoperative and contains votes may be removed from the polling place while the polls are open and votes are being ascertained. If the officers of election are unable to ascertain the results from the inoperative machine after the polls close in order to add its results to the results from the other machines in that precinct, the officers of election shall lock and seal the machine without removing the memory card, cartridge, or data storage medium and deliver the machine to either the clerk of court or registrar&#8217;s office as provided for in &#xA7; 24.2-659. On the day following the election, the electoral board shall meet and ascertain the results from the inoperative machine in accordance with the procedures prescribed by the machine&#8217;s manufacturer and add the results to the results for the precinct to which the machine was assigned.\n\t\t\tNothing in this subsection shall prohibit the removal of an inoperative machine from a precinct prior to the opening of the polls or the first vote being cast on that machine. Any machine so removed shall be placed in the custody of an authorized custodian, technician, general registrar, or electoral board representative. If the inoperative machine can be repaired, it shall be retested and resealed pursuant to &#xA7; 24.2-634 and may be returned to the precinct by an authorized custodian, technician, general registrar, or electoral board representative. The officers of election shall then open the machine pursuant to &#xA7; 24.2-639.B\n\nIn any precinct that uses a ballot that can be read without the use of the ballot scanner machine, if the ballot scanner machine becomes inoperative and there is no other available scanner, the uncounted ballots shall be placed in a ballot container or compartment that is used exclusively for uncounted ballots. If an operative scanner is available in the polling place after the polls have closed, such uncounted ballots shall be removed from the container and fed into the scanner, one at a time, by an officer of election in the presence of all persons who may be lawfully present at that time but before the votes are determined pursuant to &#xA7; 24.2-657. If such a scanner is not available, the ballots may be counted manually or as directed by the electoral board.C\n\nAn officer of election may have copies of the official paper ballot reprinted or reproduced by photographic, electronic, or mechanical processes for use at the election if (i) the inoperative machine cannot be repaired in time to continue using it at the election, (ii) a substitute machine is needed to conduct the election but is not available for use, (iii) the supply of official printed ballots that can be cast without use of the inoperative machine is not adequate, and (iv) the local electoral board approves the reprinting or reproducing of the official paper ballot. The voted ballot copies may be received by the officers of election and placed in the ballot container and counted with the votes registered on the voting or counting machines, and the result shall be declared the same as though no machine has been inoperative. The voted ballot copies shall be deemed official ballots for the purpose of &#xA7; 24.2-665 and preserved and returned with the statement of results and with a certificate setting forth how and why the same were voted. The officer of election who had the ballot copies made shall provide a written statement of the number of copies made, signed by him and subject to felony penalties for making false statements pursuant to &#xA7; 24.2-1016, to be preserved with the unused ballot copies.","order_by":null,"text":{"0":{"id":287570,"text":"When any voting or counting machine becomes inoperative in whole or in part while the polls are open, the officers of election shall immediately notify the electoral board or general registrar. If possible, the electoral board or general registrar shall dispatch a qualified technician to the polling place to repair the inoperative machine. All repairs shall be made in the presence of two officers of election representing the two political parties or, in the case of a primary election for only one party, two officers representing that party. If the machine cannot be repaired on site, the general registrar shall, if possible, substitute a machine in good order for the inoperative machine and at the close of the polls the record of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining the results of the election.\n\t\t\tNo voting or counting machines, including inoperative machines, shall be removed from the plain view of the officers of election or from the polling place at any time during the election and through the determination of the vote as provided in &#xA7; 24.2-657 except as explicitly provided pursuant to the provisions of this title.\n\t\t\tNo voting or counting machine that has become inoperative and contains votes may be removed from the polling place while the polls are open and votes are being ascertained. If the officers of election are unable to ascertain the results from the inoperative machine after the polls close in order to add its results to the results from the other machines in that precinct, the officers of election shall lock and seal the machine without removing the memory card, cartridge, or data storage medium and deliver the machine to either the clerk of court or registrar&#8217;s office as provided for in &#xA7; 24.2-659. On the day following the election, the electoral board shall meet and ascertain the results from the inoperative machine in accordance with the procedures prescribed by the machine&#8217;s manufacturer and add the results to the results for the precinct to which the machine was assigned.\n\t\t\tNothing in this subsection shall prohibit the removal of an inoperative machine from a precinct prior to the opening of the polls or the first vote being cast on that machine. Any machine so removed shall be placed in the custody of an authorized custodian, technician, general registrar, or electoral board representative. If the inoperative machine can be repaired, it shall be retested and resealed pursuant to &#xA7; 24.2-634 and may be returned to the precinct by an authorized custodian, technician, general registrar, or electoral board representative. The officers of election shall then open the machine pursuant to &#xA7; 24.2-639.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287571,"text":"In any precinct that uses a ballot that can be read without the use of the ballot scanner machine, if the ballot scanner machine becomes inoperative and there is no other available scanner, the uncounted ballots shall be placed in a ballot container or compartment that is used exclusively for uncounted ballots. If an operative scanner is available in the polling place after the polls have closed, such uncounted ballots shall be removed from the container and fed into the scanner, one at a time, by an officer of election in the presence of all persons who may be lawfully present at that time but before the votes are determined pursuant to &#xA7; 24.2-657. If such a scanner is not available, the ballots may be counted manually or as directed by the electoral board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287572,"text":"An officer of election may have copies of the official paper ballot reprinted or reproduced by photographic, electronic, or mechanical processes for use at the election if (i) the inoperative machine cannot be repaired in time to continue using it at the election, (ii) a substitute machine is needed to conduct the election but is not available for use, (iii) the supply of official printed ballots that can be cast without use of the inoperative machine is not adequate, and (iv) the local electoral board approves the reprinting or reproducing of the official paper ballot. The voted ballot copies may be received by the officers of election and placed in the ballot container and counted with the votes registered on the voting or counting machines, and the result shall be declared the same as though no machine has been inoperative. The voted ballot copies shall be deemed official ballots for the purpose of &#xA7; 24.2-665 and preserved and returned with the statement of results and with a certificate setting forth how and why the same were voted. The officer of election who had the ballot copies made shall provide a written statement of the number of copies made, signed by him and subject to felony penalties for making false statements pursuant to &#xA7; 24.2-1016, to be preserved with the unused ballot copies.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-642\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1970, chapter 462; in 1981, chapter 570; in 1985, chapter 458; in 1993, chapter 641; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0282\">282<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP1015\">1015<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0978\">978<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0993\">993<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP1006\">1006<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP1010\">1010<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0540\">540<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0576\">576<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0018\">18<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0492\">492<\/a>.<\/p>","references":[{"id":74662,"section_number":"24.2-646.1","catch_line":"Permitted use of paper ballots","order_by":null,"url":"\/24.2-646.1\/"}],"refers_to":[{"id":86258,"section_number":"24.2-1016","catch_line":"False statements; penalties","order_by":null,"url":"\/24.2-1016\/"},{"id":70313,"section_number":"24.2-634","catch_line":"Locking and securing after preparation","order_by":null,"url":"\/24.2-634\/"},{"id":85065,"section_number":"24.2-657","catch_line":"Determination of vote on voting systems","order_by":null,"url":"\/24.2-657\/"},{"id":66445,"section_number":"24.2-659","catch_line":"Locking voting systems after election and delivering keys to clerk; printed returns as evidence","order_by":null,"url":"\/24.2-659\/"},{"id":65211,"section_number":"24.2-665","catch_line":"How paper ballots counted","order_by":null,"url":"\/24.2-665\/"}],"permalink":{"id":188619,"object_type":"law","relational_id":80339,"identifier":"24.2-642","token":"24.2\/6\/3\/24.2-642","url":"\/24.2-642\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-642\/","token":"24.2\/6\/3\/24.2-642","dublin_core":{"Title":"Inoperative equipment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-642","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> When any voting or counting machine becomes inoperative in whole or in part while the polls are open, the officers of election shall immediately notify the <span class=\"dictionary\">electoral board<\/span> or <span class=\"dictionary\">general registrar<\/span>. If possible, the <span class=\"dictionary\">electoral board<\/span> or <span class=\"dictionary\">general registrar<\/span> shall dispatch a qualified technician to the <span class=\"dictionary\">polling place<\/span> to repair the inoperative machine. All repairs shall be made in the presence of two officers of election representing the two political parties or, in the case of a <span class=\"dictionary\">primary election<\/span> for only one <span class=\"dictionary\">party<\/span>, two officers representing that <span class=\"dictionary\">party<\/span>. If the machine cannot be repaired on site, the <span class=\"dictionary\">general registrar<\/span> shall, if possible, substitute a machine in good <span class=\"dictionary\">order<\/span> for the inoperative machine and at the close of the polls the record of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining the results of the election.\n\t\t\tNo voting or counting machines, including inoperative machines, shall be removed from the plain view of the officers of election or from the <span class=\"dictionary\">polling place<\/span> at any time during the election and through the determination of the vote as provided in &#xA7; <a class=\"law\" title=\"Determination of vote on voting systems\" href=\"\/24.2-657\/\">24.2-657<\/a> except as explicitly provided pursuant to the provisions of this title.\n\t\t\tNo voting or counting machine that has become inoperative and contains votes may be removed from the <span class=\"dictionary\">polling place<\/span> while the polls are open and votes are being ascertained. If the officers of election are unable to ascertain the results from the inoperative machine after the polls close in <span class=\"dictionary\">order<\/span> to add its results to the results from the other machines in that <span class=\"dictionary\">precinct<\/span>, the officers of election shall lock and seal the machine without removing the memory card, cartridge, or data storage medium and deliver the machine to either the <span class=\"dictionary\">clerk of court<\/span> or registrar&#8217;s office as provided for in &#xA7; <a class=\"law\" title=\"Locking voting systems after election and delivering keys to clerk; printed returns as evidence\" href=\"\/24.2-659\/\">24.2-659<\/a>. On the day following the election, the <span class=\"dictionary\">electoral board<\/span> shall meet and ascertain the results from the inoperative machine in accordance with the procedures prescribed by the machine&#8217;s manufacturer and add the results to the results for the <span class=\"dictionary\">precinct<\/span> to which the machine was assigned.\n\t\t\tNothing in this subsection shall prohibit the removal of an inoperative machine from a <span class=\"dictionary\">precinct<\/span> prior to the opening of the polls or the first vote being cast on that machine. Any machine so removed shall be placed in the <span class=\"dictionary\">custody<\/span> of an authorized custodian, technician, <span class=\"dictionary\">general registrar<\/span>, or <span class=\"dictionary\">electoral board<\/span> representative. If the inoperative machine can be repaired, it shall be retested and resealed pursuant to &#xA7; <a class=\"law\" title=\"Locking and securing after preparation\" href=\"\/24.2-634\/\">24.2-634<\/a> and may be returned to the <span class=\"dictionary\">precinct<\/span> by an authorized custodian, technician, <span class=\"dictionary\">general registrar<\/span>, or <span class=\"dictionary\">electoral board<\/span> representative. The officers of election shall then open the machine pursuant to &#xA7; <a class=\"law\" title=\"Duties of officers of election\" href=\"\/24.2-639\/\">24.2-639<\/a>. <a id=\"paragraph-287570\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-642\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In any <span class=\"dictionary\">precinct<\/span> that uses a ballot that can be read without the use of the <span class=\"dictionary\">ballot scanner machine<\/span>, if the <span class=\"dictionary\">ballot scanner machine<\/span> becomes inoperative and there is no other available scanner, the uncounted ballots shall be placed in a ballot container or compartment that is used exclusively for uncounted ballots. If an operative scanner is available in the <span class=\"dictionary\">polling place<\/span> after the polls have closed, such uncounted ballots shall be removed from the container and fed into the scanner, one at a time, by an <span class=\"dictionary\">officer of election<\/span> in the presence of all persons who may be lawfully present at that time but before the votes are determined pursuant to &#xA7; <a class=\"law\" title=\"Determination of vote on voting systems\" href=\"\/24.2-657\/\">24.2-657<\/a>. If such a scanner is not available, the ballots may be counted manually or as directed by the <span class=\"dictionary\">electoral board<\/span>. <a id=\"paragraph-287571\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-642\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> An <span class=\"dictionary\">officer of election<\/span> may have copies of the official <span class=\"dictionary\">paper ballot<\/span> reprinted or reproduced by photographic, electronic, or mechanical processes for use at the election if (i) the inoperative machine cannot be repaired in time to continue using it at the election, (ii) a substitute machine is needed to conduct the election but is not available for use, (iii) the supply of official <span class=\"dictionary\">printed ballots<\/span> that can be cast without use of the inoperative machine is not adequate, and (iv) the <span class=\"dictionary\">local electoral board<\/span> approves the reprinting or reproducing of the official <span class=\"dictionary\">paper ballot<\/span>. The voted ballot copies may be received by the officers of election and placed in the ballot container and counted with the votes registered on the voting or counting machines, and the result shall be declared the same as though no machine has been inoperative. The voted ballot copies shall be deemed official ballots for the purpose of &#xA7; <a class=\"law\" title=\"How paper ballots counted\" href=\"\/24.2-665\/\">24.2-665<\/a> and preserved and returned with the statement of results and with a certificate setting forth how and why the same were voted. The <span class=\"dictionary\">officer of election<\/span> who had the ballot copies made shall provide a written statement of the number of copies made, signed by him and subject to <span class=\"dictionary\">felony<\/span> penalties for making false statements pursuant to &#xA7; <a class=\"law\" title=\"False statements; penalties\" href=\"\/24.2-1016\/\">24.2-1016<\/a>, to be preserved with the unused ballot copies. <a id=\"paragraph-287572\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-642\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINOPERATIVE EQUIPMENT (\u00a7 24.2-642)\n\nA. When any voting or counting machine becomes inoperative in whole or in part\nwhile the polls are open, the officers of election shall immediately notify the\nelectoral board or general registrar. If possible, the electoral board or\ngeneral registrar shall dispatch a qualified technician to the polling place to\nrepair the inoperative machine. All repairs shall be made in the presence of two\nofficers of election representing the two political parties or, in the case of a\nprimary election for only one party, two officers representing that party. If\nthe machine cannot be repaired on site, the general registrar shall, if\npossible, substitute a machine in good order for the inoperative machine and at\nthe close of the polls the record of both machines shall be taken and the votes\nshown on their counters shall be added together in ascertaining the results of\nthe election.\n\t\t\tNo voting or counting machines, including inoperative machines, shall be\nremoved from the plain view of the officers of election or from the polling\nplace at any time during the election and through the determination of the vote\nas provided in &#xA7; 24.2-657 except as explicitly provided pursuant to the\nprovisions of this title.\n\t\t\tNo voting or counting machine that has become inoperative and contains votes\nmay be removed from the polling place while the polls are open and votes are\nbeing ascertained. If the officers of election are unable to ascertain the\nresults from the inoperative machine after the polls close in order to add its\nresults to the results from the other machines in that precinct, the officers of\nelection shall lock and seal the machine without removing the memory card,\ncartridge, or data storage medium and deliver the machine to either the clerk of\ncourt or registrar&#8217;s office as provided for in &#xA7; 24.2-659. On the day\nfollowing the election, the electoral board shall meet and ascertain the results\nfrom the inoperative machine in accordance with the procedures prescribed by the\nmachine&#8217;s manufacturer and add the results to the results for the precinct\nto which the machine was assigned.\n\t\t\tNothing in this subsection shall prohibit the removal of an inoperative\nmachine from a precinct prior to the opening of the polls or the first vote\nbeing cast on that machine. Any machine so removed shall be placed in the\ncustody of an authorized custodian, technician, general registrar, or electoral\nboard representative. If the inoperative machine can be repaired, it shall be\nretested and resealed pursuant to &#xA7; 24.2-634 and may be returned to the\nprecinct by an authorized custodian, technician, general registrar, or electoral\nboard representative. The officers of election shall then open the machine\npursuant to &#xA7; 24.2-639.\n\nB. In any precinct that uses a ballot that can be read without the use of the\nballot scanner machine, if the ballot scanner machine becomes inoperative and\nthere is no other available scanner, the uncounted ballots shall be placed in a\nballot container or compartment that is used exclusively for uncounted ballots.\nIf an operative scanner is available in the polling place after the polls have\nclosed, such uncounted ballots shall be removed from the container and fed into\nthe scanner, one at a time, by an officer of election in the presence of all\npersons who may be lawfully present at that time but before the votes are\ndetermined pursuant to &#xA7; 24.2-657. If such a scanner is not available, the\nballots may be counted manually or as directed by the electoral board.\n\nC. An officer of election may have copies of the official paper ballot reprinted\nor reproduced by photographic, electronic, or mechanical processes for use at\nthe election if (i) the inoperative machine cannot be repaired in time to\ncontinue using it at the election, (ii) a substitute machine is needed to\nconduct the election but is not available for use, (iii) the supply of official\nprinted ballots that can be cast without use of the inoperative machine is not\nadequate, and (iv) the local electoral board approves the reprinting or\nreproducing of the official paper ballot. The voted ballot copies may be\nreceived by the officers of election and placed in the ballot container and\ncounted with the votes registered on the voting or counting machines, and the\nresult shall be declared the same as though no machine has been inoperative. The\nvoted ballot copies shall be deemed official ballots for the purpose of &#xA7;\n24.2-665 and preserved and returned with the statement of results and with a\ncertificate setting forth how and why the same were voted. The officer of\nelection who had the ballot copies made shall provide a written statement of the\nnumber of copies made, signed by him and subject to felony penalties for making\nfalse statements pursuant to &#xA7; 24.2-1016, to be preserved with the unused\nballot copies.\n\nHISTORY: Code 1950, \u00a7 24-311; 1970, c. 462, \u00a7 24.1-221; 1981, c. 570; 1985, c.\n458; 1993, c. 641; 2000, c. 282; 2003, c. 1015; 2004, cc. 978, 993, 1006, 1010;\n2014, cc. 540, 576; 2016, cc. 18, 492.","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}}