{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-659.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-659.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-659.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-659.html"}],"law_id":66445,"edition_id":1,"section_id":66445,"structure_id":13023,"section_number":"24.2-659","catch_line":"Locking voting systems after election and delivering keys to clerk; printed returns as evidence","history":"Code 1950, \u00a7 24-314; 1962, c. 230; 1966, c. 453; 1970, c. 462, \u00a7 24.1-224; 1974, c. 428; 1978, c. 778; 1985, c. 458; 1993, c. 641; 1995, c. 197; 2003, c. 1015; 2004, cc. 835, 993, 1010; 2006, c. 689; 2008, cc. 107, 385; 2014, cc. 540, 576; 2016, cc. 18, 218, 464, 489, 492.","full_text":"A\n\nIf the voting system is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of the election to the clerk of the circuit court where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions and deliver the envelope to the clerk of the circuit court by noon on the day following the election.B\n\nIf the voting systems are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held.C\n\nIf the voting system is secured by removal of the data storage device used in that election, the officers shall remove the data storage device and proceed to lock and seal each machine. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the clerk who shall release them to the general registrar upon request or at the expiration of the time specified by subsection F.D\n\nIf the voting system provides for the creation of a separate master electronic back-up on a data storage device that combines the data for all of the voting systems in a given precinct, that data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the name of the precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The data storage device for the individual machines may remain sealed in its individual machine until the expiration of the time specified by subsection F. The equipment keys and the electronic activation devices used at the polls shall be sealed together in a separate envelope and delivered to the clerk who shall release them to the general registrar upon request or at the expiration of the time specified by subsection F.E\n\nIf the voting system is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. Each such machine shall remain locked and sealed until it is returned to the site at which voting systems are stored in the locality. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the general registrar no later than noon on the day after the election.F\n\nThe voting systems described in subsections A, B, C, and D shall remain locked and sealed until the deadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passed and, if any contest or recount is pending thereafter, until it has been concluded. Such machines and any envelope containing data storage devices shall be opened and all data examined only (i) on the order of a court of competent jurisdiction or (ii) on the request of an authorized representative of the State Board, or the electoral board or general registrar at the direction of the State Board, in order to ensure the accuracy of the returns. In the event that machines and data storage devices are examined under clause (ii), each political party and each independent candidate on the ballot, or each primary candidate, shall be entitled to have a representative present during such examination. The representatives and observers lawfully present shall be prohibited from interfering with the officers of election in any way. The State Board, local electoral board, or general registrar shall provide such parties and candidates reasonable advance notice of the examination.\n\t\t\tWhen the required time has expired, the clerk of the circuit court shall return all voting equipment keys and data storage devices to the general registrar.G\n\nThe local electoral board or general registrar may direct the officers of election and custodians that any sealed equipment keys or data storage devices that are otherwise required by the provisions of this section to be delivered to the clerk of the circuit court shall instead be delivered to the principal office of the general registrar no later than noon on the day following the election. The general registrar shall secure and retain the sealed equipment keys and any other electronic locking or activation devices in his office and shall convey them to the clerk of the court by noon on the day following the ascertainment of the results of the election by the electoral board.H\n\nThe provisions of this section requiring the locking and sealing of voting systems shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device.","order_by":null,"text":{"0":{"id":241166,"text":"If the voting system is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of the election to the clerk of the circuit court where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions and deliver the envelope to the clerk of the circuit court by noon on the day following the election.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241167,"text":"If the voting systems are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241168,"text":"If the voting system is secured by removal of the data storage device used in that election, the officers shall remove the data storage device and proceed to lock and seal each machine. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the clerk who shall release them to the general registrar upon request or at the expiration of the time specified by subsection F.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241169,"text":"If the voting system provides for the creation of a separate master electronic back-up on a data storage device that combines the data for all of the voting systems in a given precinct, that data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the name of the precinct. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The data storage device for the individual machines may remain sealed in its individual machine until the expiration of the time specified by subsection F. The equipment keys and the electronic activation devices used at the polls shall be sealed together in a separate envelope and delivered to the clerk who shall release them to the general registrar upon request or at the expiration of the time specified by subsection F.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":241170,"text":"If the voting system is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. Each such machine shall remain locked and sealed until it is returned to the site at which voting systems are stored in the locality. The data storage device shall be enclosed in an envelope that shall be sealed and have endorsed thereon a certificate of an officer of election stating the election precinct, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed envelope shall be delivered by one of the officers of election to the clerk of the circuit court where the election was held. The equipment keys used at the polls shall be sealed in a different envelope and delivered to the general registrar no later than noon on the day after the election.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":241171,"text":"The voting systems described in subsections A, B, C, and D shall remain locked and sealed until the deadline to request a recount under Chapter 8 (§ 24.2-800 et seq.) has passed and, if any contest or recount is pending thereafter, until it has been concluded. Such machines and any envelope containing data storage devices shall be opened and all data examined only (i) on the order of a court of competent jurisdiction or (ii) on the request of an authorized representative of the State Board, or the electoral board or general registrar at the direction of the State Board, in order to ensure the accuracy of the returns. In the event that machines and data storage devices are examined under clause (ii), each political party and each independent candidate on the ballot, or each primary candidate, shall be entitled to have a representative present during such examination. The representatives and observers lawfully present shall be prohibited from interfering with the officers of election in any way. The State Board, local electoral board, or general registrar shall provide such parties and candidates reasonable advance notice of the examination.\n\t\t\tWhen the required time has expired, the clerk of the circuit court shall return all voting equipment keys and data storage devices to the general registrar.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":241172,"text":"The local electoral board or general registrar may direct the officers of election and custodians that any sealed equipment keys or data storage devices that are otherwise required by the provisions of this section to be delivered to the clerk of the circuit court shall instead be delivered to the principal office of the general registrar no later than noon on the day following the election. The general registrar shall secure and retain the sealed equipment keys and any other electronic locking or activation devices in his office and shall convey them to the clerk of the court by noon on the day following the ascertainment of the results of the election by the electoral board.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":241173,"text":"The provisions of this section requiring the locking and sealing of voting systems shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13023,"edition_id":1,"name":"Conduct of Election; Election Results","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13022,"metadata":{},"date_created":"2026-06-26 03:44:09","date_modified":"2026-06-26 03:44:09","permalink":{"id":188623,"object_type":"structure","relational_id":13023,"identifier":"4","token":"24.2\/6\/4","url":"\/24.2\/6\/4\/","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":59861,"structure_id":13023,"section_number":"24.2-643","catch_line":"Qualified voter permitted to vote; procedures at polling place; voter identification","url":"\/24.2-643\/","token":"24.2\/6\/4\/24.2-643","metadata":false},{"id":56984,"structure_id":13023,"section_number":"24.2-644","catch_line":"Voting by paper ballot; voting for presidential electors; write-in votes","url":"\/24.2-644\/","token":"24.2\/6\/4\/24.2-644","metadata":false},{"id":70245,"structure_id":13023,"section_number":"24.2-645","catch_line":"Defaced printed ballots","url":"\/24.2-645\/","token":"24.2\/6\/4\/24.2-645","metadata":false},{"id":62642,"structure_id":13023,"section_number":"24.2-646","catch_line":"Voter folds paper ballot and hands same to officer who deposits it unopened in ballot container","url":"\/24.2-646\/","token":"24.2\/6\/4\/24.2-646","metadata":false},{"id":74662,"structure_id":13023,"section_number":"24.2-646.1","catch_line":"Permitted use of paper ballots","url":"\/24.2-646.1\/","token":"24.2\/6\/4\/24.2-646.1","metadata":false},{"id":61641,"structure_id":13023,"section_number":"24.2-647","catch_line":"Voting systems; demonstration on election day","url":"\/24.2-647\/","token":"24.2\/6\/4\/24.2-647","metadata":false},{"id":81756,"structure_id":13023,"section_number":"24.2-648","catch_line":"Write-in votes on voting equipment","url":"\/24.2-648\/","token":"24.2\/6\/4\/24.2-648","metadata":false},{"id":77348,"structure_id":13023,"section_number":"24.2-649","catch_line":"Assistance for certain voters inside the polling place; penalties","url":"\/24.2-649\/","token":"24.2\/6\/4\/24.2-649","metadata":false},{"id":54944,"structure_id":13023,"section_number":"24.2-649.1","catch_line":"Assistance for certain voters outside of the polling place","url":"\/24.2-649.1\/","token":"24.2\/6\/4\/24.2-649.1","metadata":false},{"id":77674,"structure_id":13023,"section_number":"24.2-650","catch_line":"Officers to sign only official papers, etc","url":"\/24.2-650\/","token":"24.2\/6\/4\/24.2-650","metadata":false},{"id":85350,"structure_id":13023,"section_number":"24.2-651","catch_line":"Voter who is challenged; how challenge tried","url":"\/24.2-651\/","token":"24.2\/6\/4\/24.2-651","metadata":false},{"id":77395,"structure_id":13023,"section_number":"24.2-651.1","catch_line":"Voter who is shown as having already voted; provisional ballots","url":"\/24.2-651.1\/","token":"24.2\/6\/4\/24.2-651.1","metadata":false},{"id":71158,"structure_id":13023,"section_number":"24.2-652","catch_line":"Voter whose name erroneously omitted from pollbook; provisional ballots","url":"\/24.2-652\/","token":"24.2\/6\/4\/24.2-652","metadata":false},{"id":78491,"structure_id":13023,"section_number":"24.2-653","catch_line":"Provisional voting; procedures in polling place","url":"\/24.2-653\/","token":"24.2\/6\/4\/24.2-653","metadata":false},{"id":56440,"structure_id":13023,"section_number":"24.2-653.01","catch_line":"Provisional ballots; electoral boards to make determination as to validity","url":"\/24.2-653.01\/","token":"24.2\/6\/4\/24.2-653.01","metadata":false},{"id":67417,"structure_id":13023,"section_number":"24.2-653.1","catch_line":"Voters who did not receive absentee ballots; provisional ballots","url":"\/24.2-653.1\/","token":"24.2\/6\/4\/24.2-653.1","metadata":false},{"id":82099,"structure_id":13023,"section_number":"24.2-653.2","catch_line":"Ballots cast after normal close of polling hours due to court-ordered extension; provisional ballots","url":"\/24.2-653.2\/","token":"24.2\/6\/4\/24.2-653.2","metadata":false},{"id":86411,"structure_id":13023,"section_number":"24.2-653.3","catch_line":"Voters assigned to split precinct; provisional ballots","url":"\/24.2-653.3\/","token":"24.2\/6\/4\/24.2-653.3","metadata":false},{"id":68454,"structure_id":13023,"section_number":"24.2-654","catch_line":"Officers to lock and seal voting equipment and ascertain vote after polls closed; statement of results","url":"\/24.2-654\/","token":"24.2\/6\/4\/24.2-654","metadata":false},{"id":67381,"structure_id":13023,"section_number":"24.2-655","catch_line":"Representatives of political parties and candidates to be present on request","url":"\/24.2-655\/","token":"24.2\/6\/4\/24.2-655","metadata":false},{"id":63563,"structure_id":13023,"section_number":"24.2-656","catch_line":"Repealed","url":"\/24.2-656\/","token":"24.2\/6\/4\/24.2-656","metadata":false},{"id":85065,"structure_id":13023,"section_number":"24.2-657","catch_line":"Determination of vote on voting systems","url":"\/24.2-657\/","token":"24.2\/6\/4\/24.2-657","metadata":false},{"id":77139,"structure_id":13023,"section_number":"24.2-658","catch_line":"Machines with printed return sheets; disposition of sheets","url":"\/24.2-658\/","token":"24.2\/6\/4\/24.2-658","metadata":false},{"id":66445,"structure_id":13023,"section_number":"24.2-659","catch_line":"Locking voting systems after election and delivering keys to clerk; printed returns as evidence","url":"\/24.2-659\/","token":"24.2\/6\/4\/24.2-659","metadata":false},{"id":71990,"structure_id":13023,"section_number":"24.2-660","catch_line":"Repealed","url":"\/24.2-660\/","token":"24.2\/6\/4\/24.2-660","metadata":false},{"id":78732,"structure_id":13023,"section_number":"24.2-661","catch_line":"Detection and setting aside of double ballots","url":"\/24.2-661\/","token":"24.2\/6\/4\/24.2-661","metadata":false},{"id":64866,"structure_id":13023,"section_number":"24.2-662","catch_line":"Procedure when paper ballots exceed names on pollbooks","url":"\/24.2-662\/","token":"24.2\/6\/4\/24.2-662","metadata":false},{"id":74030,"structure_id":13023,"section_number":"24.2-663","catch_line":"When ballot void","url":"\/24.2-663\/","token":"24.2\/6\/4\/24.2-663","metadata":false},{"id":83169,"structure_id":13023,"section_number":"24.2-664","catch_line":"Reduction in number of ballots","url":"\/24.2-664\/","token":"24.2\/6\/4\/24.2-664","metadata":false},{"id":65211,"structure_id":13023,"section_number":"24.2-665","catch_line":"How paper ballots counted","url":"\/24.2-665\/","token":"24.2\/6\/4\/24.2-665","metadata":false},{"id":87396,"structure_id":13023,"section_number":"24.2-666","catch_line":"Procedures to account for paper ballots","url":"\/24.2-666\/","token":"24.2\/6\/4\/24.2-666","metadata":false},{"id":82269,"structure_id":13023,"section_number":"24.2-667","catch_line":"Completion of statement of results","url":"\/24.2-667\/","token":"24.2\/6\/4\/24.2-667","metadata":false},{"id":73171,"structure_id":13023,"section_number":"24.2-667.1","catch_line":"Reporting of results; absentee and provisional votes","url":"\/24.2-667.1\/","token":"24.2\/6\/4\/24.2-667.1","metadata":false},{"id":64679,"structure_id":13023,"section_number":"24.2-668","catch_line":"Pollbooks, statements of results, and ballots to be sealed and delivered to clerk or general registrar","url":"\/24.2-668\/","token":"24.2\/6\/4\/24.2-668","metadata":false},{"id":54119,"structure_id":13023,"section_number":"24.2-669","catch_line":"Clerk to keep ballots; inspection; destruction","url":"\/24.2-669\/","token":"24.2\/6\/4\/24.2-669","metadata":false},{"id":56072,"structure_id":13023,"section_number":"24.2-670","catch_line":"Clerk to send for books and ballots if not delivered by officers","url":"\/24.2-670\/","token":"24.2\/6\/4\/24.2-670","metadata":false},{"id":63223,"structure_id":13023,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","url":"\/24.2-671\/","token":"24.2\/6\/4\/24.2-671","metadata":false},{"id":60484,"structure_id":13023,"section_number":"24.2-671.1","catch_line":"Repealed","url":"\/24.2-671.1\/","token":"24.2\/6\/4\/24.2-671.1","metadata":false},{"id":70965,"structure_id":13023,"section_number":"24.2-671.2","catch_line":"Risk-limiting audits","url":"\/24.2-671.2\/","token":"24.2\/6\/4\/24.2-671.2","metadata":false},{"id":76981,"structure_id":13023,"section_number":"24.2-672","catch_line":"Electoral board to correct irregularities in returns of officers of election","url":"\/24.2-672\/","token":"24.2\/6\/4\/24.2-672","metadata":false},{"id":65316,"structure_id":13023,"section_number":"24.2-673","catch_line":"Candidates having highest number of votes to receive certificate of election","url":"\/24.2-673\/","token":"24.2\/6\/4\/24.2-673","metadata":false},{"id":86287,"structure_id":13023,"section_number":"24.2-673.1","catch_line":"(Expires July 1, 2031) Ranked choice voting","url":"\/24.2-673.1\/","token":"24.2\/6\/4\/24.2-673.1","metadata":false},{"id":80865,"structure_id":13023,"section_number":"24.2-674","catch_line":"Determination by lot in case of tie","url":"\/24.2-674\/","token":"24.2\/6\/4\/24.2-674","metadata":false},{"id":54091,"structure_id":13023,"section_number":"24.2-675","catch_line":"Abstracts of votes to be made by secretary and forwarded to State Board and to clerks","url":"\/24.2-675\/","token":"24.2\/6\/4\/24.2-675","metadata":false},{"id":57620,"structure_id":13023,"section_number":"24.2-676","catch_line":"Secretary to make out and deliver certificate of election","url":"\/24.2-676\/","token":"24.2\/6\/4\/24.2-676","metadata":false},{"id":56641,"structure_id":13023,"section_number":"24.2-677","catch_line":"State Board to open and record returns; application of Freedom of Information Act","url":"\/24.2-677\/","token":"24.2\/6\/4\/24.2-677","metadata":false},{"id":56927,"structure_id":13023,"section_number":"24.2-678","catch_line":"Law-enforcement officer to be sent for abstracts not forwarded","url":"\/24.2-678\/","token":"24.2\/6\/4\/24.2-678","metadata":false},{"id":81617,"structure_id":13023,"section_number":"24.2-679","catch_line":"State Board to meet and make statement as to number of votes","url":"\/24.2-679\/","token":"24.2\/6\/4\/24.2-679","metadata":false},{"id":71192,"structure_id":13023,"section_number":"24.2-680","catch_line":"Certificates of election","url":"\/24.2-680\/","token":"24.2\/6\/4\/24.2-680","metadata":false}],"previous_section":{"id":77139,"structure_id":13023,"section_number":"24.2-658","catch_line":"Machines with printed return sheets; disposition of sheets","url":"\/24.2-658\/","token":"24.2\/6\/4\/24.2-658","metadata":false},"next_section":{"id":71990,"structure_id":13023,"section_number":"24.2-660","catch_line":"Repealed","url":"\/24.2-660\/","token":"24.2\/6\/4\/24.2-660","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-659\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1962, chapter 230; in 1966, chapter 453; in 1970, chapter 462; in 1974, chapter 428; in 1978, chapter 778; in 1985, chapter 458; in 1993, chapter 641; in 1995, chapter 197<\/a>; in 2003, chapter 1015<\/a>; in 2004, chapters 835<\/a>, 993<\/a>, and 1010<\/a>; in 2006, chapter 689<\/a>; in 2008, chapters 107<\/a> and 385<\/a>; in 2014, chapters 540<\/a> and 576<\/a>; in 2016, chapters 18<\/a>, 218<\/a>, 464<\/a>, 489<\/a>, and 492<\/a>.<\/p>","references":[{"id":80339,"section_number":"24.2-642","catch_line":"Inoperative equipment","order_by":null,"url":"\/24.2-642\/"}],"refers_to":[{"id":75102,"section_number":"24.2-626.1","catch_line":"Acquisition and use of accessible voting devices","order_by":null,"url":"\/24.2-626.1\/"},{"id":81202,"section_number":"24.2-800","catch_line":"Recounts in all elections","order_by":null,"url":"\/24.2-800\/"}],"permalink":{"id":188717,"object_type":"law","relational_id":66445,"identifier":"24.2-659","token":"24.2\/6\/4\/24.2-659","url":"\/24.2-659\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-659\/","token":"24.2\/6\/4\/24.2-659","dublin_core":{"Title":"Locking voting systems after election and delivering keys to clerk; printed returns as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-659","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the voting system<\/span> is secured by the use of equipment keys, after the officers of election lock and seal each machine, the equipment keys shall be enclosed in an envelope that shall be sealed<\/span> and have endorsed thereon a certificate of an officer of election<\/span> stating the election precinct<\/span>, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed<\/span> envelope shall be delivered by one of the officers of the election to the clerk of the circuit<\/span> court<\/span> where the election was held. The custodians of the voting equipment shall enclose and seal in an envelope, properly endorsed, all other keys to all voting equipment in their jurisdictions<\/span> and deliver the envelope to the clerk of the circuit<\/span> court<\/span> by noon on the day following the election. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the voting systems<\/span> are secured by the use of equipment keys or electronic activation devices that are not specific to a particular machine, after the officers of election lock and seal each machine, the equipment keys and electronic activation devices shall be enclosed in an envelope that shall be sealed<\/span> and have endorsed thereon a certificate of an officer of election<\/span> stating the election precinct<\/span>. The sealed<\/span> envelope shall be delivered by one of the officers of election to the clerk of the circuit<\/span> court<\/span> where the election was held. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the voting system<\/span> is secured by removal of the data storage device used in that election, the officers shall remove the data storage device and proceed to lock and seal each machine. The data storage device shall be enclosed in an envelope that shall be sealed<\/span> and have endorsed thereon a certificate of an officer of election<\/span> stating the election precinct<\/span>, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed<\/span> envelope shall be delivered by one of the officers of election to the clerk of the circuit<\/span> court<\/span> where the election was held. The equipment keys used at the polls shall be sealed<\/span> in a different envelope and delivered to the clerk who shall release them to the general registrar<\/span> upon request or at the expiration of the time specified by subsection F. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the voting system<\/span> provides for the creation of a separate master electronic back-up on a data storage device that combines the data for all of the voting systems<\/span> in a given precinct<\/span>, that data storage device shall be enclosed in an envelope that shall be sealed<\/span> and have endorsed thereon a certificate of an officer of election<\/span> stating the name of the precinct<\/span>. The sealed<\/span> envelope shall be delivered by one of the officers of election to the clerk of the circuit<\/span> court<\/span> where the election was held. The data storage device for the individual machines may remain sealed<\/span> in its individual machine until the expiration of the time specified by subsection F. The equipment keys and the electronic activation devices used at the polls shall be sealed<\/span> together in a separate envelope and delivered to the clerk who shall release them to the general registrar<\/span> upon request or at the expiration of the time specified by subsection F. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the voting system<\/span> is secured by removal of the data storage device used in that election, and the only record of votes cast for any office or on any question is saved on that data storage device and not on the machine itself, the officers shall remove the data storage device and proceed to lock and seal each machine. Each such machine shall remain locked and sealed<\/span> until it is returned to the site at which voting systems<\/span> are stored in the locality. The data storage device shall be enclosed in an envelope that shall be sealed<\/span> and have endorsed thereon a certificate of an officer of election<\/span> stating the election precinct<\/span>, the number of each machine, the number on the seal, and the number of the protective counter, if one, on the machine. The sealed<\/span> envelope shall be delivered by one of the officers of election to the clerk of the circuit<\/span> court<\/span> where the election was held. The equipment keys used at the polls shall be sealed<\/span> in a different envelope and delivered to the general registrar<\/span> no later than noon on the day after the election. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The voting systems<\/span> described in subsections A, B, C, and D shall remain locked and sealed<\/span> until the deadline to request a recount under Chapter 8 (§ 24.2-800<\/a> et seq.) has passed and, if any contest or recount is pending thereafter, until it has been concluded. Such machines and any envelope containing data storage devices shall be opened and all data examined only (i) on the order<\/span> of a court<\/span> of competent jurisdiction<\/span> or (ii) on the request of an authorized representative of the State Board<\/span>, or the electoral board or general registrar<\/span> at the direction of the State Board<\/span>, in order<\/span> to ensure the accuracy of the returns. In the event that machines and data storage devices are examined under clause (ii), each political party<\/span> and each independent candidate<\/span> on the ballot, or each primary<\/span> candidate<\/span>, shall be entitled to have a representative present during such examination. The representatives and observers lawfully present shall be prohibited from interfering with the officers of election in any way. The State Board<\/span>, local electoral board<\/span>, or general registrar<\/span> shall provide such parties and candidates<\/span> reasonable advance notice of the examination.\n\t\t\tWhen the required time has expired, the clerk of the circuit<\/span> court<\/span> shall return all voting equipment keys and data storage devices to the general registrar<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The local electoral board<\/span> or general registrar<\/span> may direct the officers of election and custodians that any sealed<\/span> equipment keys or data storage devices that are otherwise required by the provisions of this section to be delivered to the clerk of the circuit<\/span> court<\/span> shall instead be delivered to the principal office of the general registrar<\/span> no later than noon on the day following the election. The general registrar<\/span> shall secure and retain the sealed<\/span> equipment keys and any other electronic locking or activation devices in his office and shall convey them to the clerk of the court<\/span> by noon on the day following the ascertainment of the results of the election by the electoral board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provisions of this section requiring the locking and sealing of voting systems<\/span> shall not apply to any ballot marking device and its data storage device provided pursuant to § 24.2-626.1<\/a>, where the number of persons voting in the election or the number of votes cast for any office or on any question are not recorded by the ballot marking device. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOCKING VOTING SYSTEMS AFTER ELECTION AND DELIVERING KEYS TO CLERK; PRINTED\nRETURNS AS EVIDENCE (\u00a7 24.2-659)\n\nA. If the voting system is secured by the use of equipment keys, after the\nofficers of election lock and seal each machine, the equipment keys shall be\nenclosed in an envelope that shall be sealed and have endorsed thereon a\ncertificate of an officer of election stating the election precinct, the number\nof each machine, the number on the seal, and the number of the protective\ncounter, if one, on the machine. The sealed envelope shall be delivered by one\nof the officers of the election to the clerk of the circuit court where the\nelection was held. The custodians of the voting equipment shall enclose and seal\nin an envelope, properly endorsed, all other keys to all voting equipment in\ntheir jurisdictions and deliver the envelope to the clerk of the circuit court\nby noon on the day following the election.\n\nB. If the voting systems are secured by the use of equipment keys or electronic\nactivation devices that are not specific to a particular machine, after the\nofficers of election lock and seal each machine, the equipment keys and\nelectronic activation devices shall be enclosed in an envelope that shall be\nsealed and have endorsed thereon a certificate of an officer of election stating\nthe election precinct. The sealed envelope shall be delivered by one of the\nofficers of election to the clerk of the circuit court where the election was\nheld.\n\nC. If the voting system is secured by removal of the data storage device used in\nthat election, the officers shall remove the data storage device and proceed to\nlock and seal each machine. The data storage device shall be enclosed in an\nenvelope that shall be sealed and have endorsed thereon a certificate of an\nofficer of election stating the election precinct, the number of each machine,\nthe number on the seal, and the number of the protective counter, if one, on the\nmachine. The sealed envelope shall be delivered by one of the officers of\nelection to the clerk of the circuit court where the election was held. The\nequipment keys used at the polls shall be sealed in a different envelope and\ndelivered to the clerk who shall release them to the general registrar upon\nrequest or at the expiration of the time specified by subsection F.\n\nD. If the voting system provides for the creation of a separate master\nelectronic back-up on a data storage device that combines the data for all of\nthe voting systems in a given precinct, that data storage device shall be\nenclosed in an envelope that shall be sealed and have endorsed thereon a\ncertificate of an officer of election stating the name of the precinct. The\nsealed envelope shall be delivered by one of the officers of election to the\nclerk of the circuit court where the election was held. The data storage device\nfor the individual machines may remain sealed in its individual machine until\nthe expiration of the time specified by subsection F. The equipment keys and the\nelectronic activation devices used at the polls shall be sealed together in a\nseparate envelope and delivered to the clerk who shall release them to the\ngeneral registrar upon request or at the expiration of the time specified by\nsubsection F.\n\nE. If the voting system is secured by removal of the data storage device used in\nthat election, and the only record of votes cast for any office or on any\nquestion is saved on that data storage device and not on the machine itself, the\nofficers shall remove the data storage device and proceed to lock and seal each\nmachine. Each such machine shall remain locked and sealed until it is returned\nto the site at which voting systems are stored in the locality. The data storage\ndevice shall be enclosed in an envelope that shall be sealed and have endorsed\nthereon a certificate of an officer of election stating the election precinct,\nthe number of each machine, the number on the seal, and the number of the\nprotective counter, if one, on the machine. The sealed envelope shall be\ndelivered by one of the officers of election to the clerk of the circuit court\nwhere the election was held. The equipment keys used at the polls shall be\nsealed in a different envelope and delivered to the general registrar no later\nthan noon on the day after the election.\n\nF. The voting systems described in subsections A, B, C, and D shall remain\nlocked and sealed until the deadline to request a recount under Chapter 8\n(§ 24.2-800 et seq.) has passed and, if any contest or recount is pending\nthereafter, until it has been concluded. Such machines and any envelope\ncontaining data storage devices shall be opened and all data examined only (i)\non the order of a court of competent jurisdiction or (ii) on the request of an\nauthorized representative of the State Board, or the electoral board or general\nregistrar at the direction of the State Board, in order to ensure the accuracy\nof the returns. In the event that machines and data storage devices are examined\nunder clause (ii), each political party and each independent candidate on the\nballot, or each primary candidate, shall be entitled to have a representative\npresent during such examination. The representatives and observers lawfully\npresent shall be prohibited from interfering with the officers of election in\nany way. The State Board, local electoral board, or general registrar shall\nprovide such parties and candidates reasonable advance notice of the\nexamination.\n\t\t\tWhen the required time has expired, the clerk of the circuit court shall\nreturn all voting equipment keys and data storage devices to the general\nregistrar.\n\nG. The local electoral board or general registrar may direct the officers of\nelection and custodians that any sealed equipment keys or data storage devices\nthat are otherwise required by the provisions of this section to be delivered to\nthe clerk of the circuit court shall instead be delivered to the principal\noffice of the general registrar no later than noon on the day following the\nelection. The general registrar shall secure and retain the sealed equipment\nkeys and any other electronic locking or activation devices in his office and\nshall convey them to the clerk of the court by noon on the day following the\nascertainment of the results of the election by the electoral board.\n\nH. The provisions of this section requiring the locking and sealing of voting\nsystems shall not apply to any ballot marking device and its data storage device\nprovided pursuant to § 24.2-626.1, where the number of persons voting in\nthe election or the number of votes cast for any office or on any question are\nnot recorded by the ballot marking device.\n\nHISTORY: Code 1950, \u00a7 24-314; 1962, c. 230; 1966, c. 453; 1970, c. 462, \u00a7\n24.1-224; 1974, c. 428; 1978, c. 778; 1985, c. 458; 1993, c. 641; 1995, c. 197;\n2003, c. 1015; 2004, cc. 835, 993, 1010; 2006, c. 689; 2008, cc. 107, 385; 2014,\ncc. 540, 576; 2016, cc. 18, 218, 464, 489, 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}}