{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-671.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-671.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-671.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-671.2.html"}],"law_id":70965,"edition_id":1,"section_id":70965,"structure_id":13023,"section_number":"24.2-671.2","catch_line":"Risk-limiting audits","history":"2022, cc. 443, 444.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Contested race” means an election for an office where more names appear on the ballot then there are vacancies to be filled or a statewide referendum or proposed constitutional amendment.\n\t\t\t“Risk limit” means the largest probability that the risk-limiting audit will fail to correct an election outcome that differs from the outcome that would be found by a full manual tabulation of the votes on all ballots cast in the contested race.\n\t\t\t“Risk-limiting audit” means an audit protocol conducted after an election and prior to the certification of the election results with a pre-specified minimum probability of requiring a full hand count of votes cast if the outcome reported by the voting system differs from the outcome that would be found by a full hand count of the votes in a contested race. A “risk-limiting audit” requires a hand count of randomly sampled printed ballots that continues until there is either strong statistical evidence that the reported outcome is correct or, in the absence of such evidence, a full hand count of all ballots cast in the contested race that determines the outcome.B\n\nRisk-limiting audits conducted pursuant to this section shall be performed by the local electoral boards and general registrars under the supervision of the Department and in accordance with the procedures prescribed by the State Board, including:1\n\nProcesses for randomly selecting contested races and determining the risk limit.2\n\nProcedures for preparing for a risk-limiting audit, including guidelines for organizing ballots, selecting venues, and securing appropriate materials by local electoral boards and general registrars.3\n\nProcedures for ballot custody, accounting, security, and written record retention that ensure that the collection of cast ballots from which samples are drawn is complete and accurate throughout the audit.4\n\nProcedures for hand counting of the audited ballots.5\n\nProcesses and methods for conducting the risk-limiting audit.6\n\nProcedures for ensuring transparency and understanding of the process by participants and the public, including guidelines for direct observation by members of the public, representatives of the candidates involved in the risk-limiting audit, and representatives of the political parties.C\n\nThe Department shall provide that the following risk-limiting audits be conducted:1\n\nIn the year of a general election for members of the United States House of Representatives, a risk-limiting audit of at least one randomly selected contested race for such office;2\n\nIn the year of a general election for members of the General Assembly, a risk-limiting audit of at least one randomly selected contested race for such office;3\n\nIn any year in which there is not a general election for a statewide office, a risk-limiting audit of at least one randomly selected contested race for a local office, including constitutional offices, for which certification by the State Board is required under § 24.2-680; and4\n\nIn any year, any other risk-limiting audit of a contested race that is necessary to ensure that each locality participates in a risk-limiting audit of an office within its jurisdiction at least once every five years or that the State Board finds appropriate. Such audits must be approved by at least a two-thirds majority vote of all members of the Board.D\n\nA local electoral board may request that the State Board approve the conduct of a risk-limiting audit for a contested race within the local electoral board’s jurisdiction. The state board shall promulgate regulations for submitting such requests. The State Board shall grant an extension of the local electoral board’s certification deadline under § 24.2-671 as necessary to accommodate the conduct of a risk-limiting audit conducted pursuant to this subsection. The Department may count a risk-limiting audit conducted pursuant to this subsection toward the requirement in subdivision C 4.E\n\nNotwithstanding the provisions of subsections C and D, no contested race shall be selected to receive a risk-limiting audit if the tabulation of the unofficial result for the contested race shows a difference of not more than one percent of the total vote cast for the top two candidates.F\n\nUpon the tabulation of the unofficial results of an election, the State Board shall determine, in accordance with subsection C, all the contested races for that election that will receive a risk-limiting audit and shall set the risk limit to be applied in such audits. As soon as practicable after selection of the contests to be audited, the Department shall publish a notice of the contested races in accordance with the requirements for public meetings in § 2.2-3707. The Department shall provide support to local electoral boards and general registrars in preparing to hold the risk-limiting audits.G\n\nThe local electoral board and general registrar shall conduct a risk-limiting audit within their jurisdiction at the date, time, and location noticed by the Department. At least one member of the local electoral board representing each party shall participate in the risk-limiting audit and be present for the duration of the risk-limiting audit when ballots are being selected and counted and calculations are being made. All risk-limiting audits shall be conducted in a place and manner that is open to the public. At the conclusion of a risk-limiting audit, all audit materials, including ballots and any records generated during the course of the audit, shall be delivered to the clerk of the circuit court and retained as election materials pursuant to § 24.2-668.H\n\nThe local electoral board in coordination with the general registrar shall promptly report the results of a risk-limiting audit of any contested races subject to § 24.2-680 in their jurisdiction to the Department. The results of any risk-limiting audit for a local contested race shall also be retained by the local electoral board. At the conclusion of each risk-limiting audit requiring certification by the State Board, the Department shall submit to the State Board a report, which shall include all data generated by the risk-limiting audit and all information required to confirm that the risk-limiting audit was conducted in accordance with the procedures adopted by the State Board. The Department shall publish the results of all risk-limiting audits pursuant to this section on the Department’s website.I\n\nIf a risk-limiting audit of a contested race escalates to a full hand count, the results of the hand count shall be used to certify the election in lieu of the tabulation of the unofficial results obtained prior to the conduct of the risk-limiting audit. A full hand count conducted pursuant to this section shall not be construed as a recount under Chapter 8 (§ 24.2-800 et seq.). Nothing in this section shall be construed to limit the rights of a candidate under Chapter 8.","order_by":null,"text":{"0":{"id":255907,"text":"For the purposes of this section:\n\t\t\t“Contested race” means an election for an office where more names appear on the ballot then there are vacancies to be filled or a statewide referendum or proposed constitutional amendment.\n\t\t\t“Risk limit” means the largest probability that the risk-limiting audit will fail to correct an election outcome that differs from the outcome that would be found by a full manual tabulation of the votes on all ballots cast in the contested race.\n\t\t\t“Risk-limiting audit” means an audit protocol conducted after an election and prior to the certification of the election results with a pre-specified minimum probability of requiring a full hand count of votes cast if the outcome reported by the voting system differs from the outcome that would be found by a full hand count of the votes in a contested race. A “risk-limiting audit” requires a hand count of randomly sampled printed ballots that continues until there is either strong statistical evidence that the reported outcome is correct or, in the absence of such evidence, a full hand count of all ballots cast in the contested race that determines the outcome.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255908,"text":"Risk-limiting audits conducted pursuant to this section shall be performed by the local electoral boards and general registrars under the supervision of the Department and in accordance with the procedures prescribed by the State Board, including:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":255909,"text":"Processes for randomly selecting contested races and determining the risk limit.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":255910,"text":"Procedures for preparing for a risk-limiting audit, including guidelines for organizing ballots, selecting venues, and securing appropriate materials by local electoral boards and general registrars.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":255911,"text":"Procedures for ballot custody, accounting, security, and written record retention that ensure that the collection of cast ballots from which samples are drawn is complete and accurate throughout the audit.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":255912,"text":"Procedures for hand counting of the audited ballots.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":255913,"text":"Processes and methods for conducting the risk-limiting audit.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":255914,"text":"Procedures for ensuring transparency and understanding of the process by participants and the public, including guidelines for direct observation by members of the public, representatives of the candidates involved in the risk-limiting audit, and representatives of the political parties.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":255915,"text":"The Department shall provide that the following risk-limiting audits be conducted:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6","next_prefix":"C1"},"9":{"id":255916,"text":"In the year of a general election for members of the United States House of Representatives, a risk-limiting audit of at least one randomly selected contested race for such office;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"10":{"id":255917,"text":"In the year of a general election for members of the General Assembly, a risk-limiting audit of at least one randomly selected contested race for such office;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"11":{"id":255918,"text":"In any year in which there is not a general election for a statewide office, a risk-limiting audit of at least one randomly selected contested race for a local office, including constitutional offices, for which certification by the State Board is required under § 24.2-680; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"12":{"id":255919,"text":"In any year, any other risk-limiting audit of a contested race that is necessary to ensure that each locality participates in a risk-limiting audit of an office within its jurisdiction at least once every five years or that the State Board finds appropriate. Such audits must be approved by at least a two-thirds majority vote of all members of the Board.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"13":{"id":255920,"text":"A local electoral board may request that the State Board approve the conduct of a risk-limiting audit for a contested race within the local electoral board’s jurisdiction. The state board shall promulgate regulations for submitting such requests. The State Board shall grant an extension of the local electoral board’s certification deadline under § 24.2-671 as necessary to accommodate the conduct of a risk-limiting audit conducted pursuant to this subsection. The Department may count a risk-limiting audit conducted pursuant to this subsection toward the requirement in subdivision C 4.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"14":{"id":255921,"text":"Notwithstanding the provisions of subsections C and D, no contested race shall be selected to receive a risk-limiting audit if the tabulation of the unofficial result for the contested race shows a difference of not more than one percent of the total vote cast for the top two candidates.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"15":{"id":255922,"text":"Upon the tabulation of the unofficial results of an election, the State Board shall determine, in accordance with subsection C, all the contested races for that election that will receive a risk-limiting audit and shall set the risk limit to be applied in such audits. As soon as practicable after selection of the contests to be audited, the Department shall publish a notice of the contested races in accordance with the requirements for public meetings in § 2.2-3707. The Department shall provide support to local electoral boards and general registrars in preparing to hold the risk-limiting audits.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"16":{"id":255923,"text":"The local electoral board and general registrar shall conduct a risk-limiting audit within their jurisdiction at the date, time, and location noticed by the Department. At least one member of the local electoral board representing each party shall participate in the risk-limiting audit and be present for the duration of the risk-limiting audit when ballots are being selected and counted and calculations are being made. All risk-limiting audits shall be conducted in a place and manner that is open to the public. At the conclusion of a risk-limiting audit, all audit materials, including ballots and any records generated during the course of the audit, shall be delivered to the clerk of the circuit court and retained as election materials pursuant to § 24.2-668.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"17":{"id":255924,"text":"The local electoral board in coordination with the general registrar shall promptly report the results of a risk-limiting audit of any contested races subject to § 24.2-680 in their jurisdiction to the Department. The results of any risk-limiting audit for a local contested race shall also be retained by the local electoral board. At the conclusion of each risk-limiting audit requiring certification by the State Board, the Department shall submit to the State Board a report, which shall include all data generated by the risk-limiting audit and all information required to confirm that the risk-limiting audit was conducted in accordance with the procedures adopted by the State Board. The Department shall publish the results of all risk-limiting audits pursuant to this section on the Department’s website.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"18":{"id":255925,"text":"If a risk-limiting audit of a contested race escalates to a full hand count, the results of the hand count shall be used to certify the election in lieu of the tabulation of the unofficial results obtained prior to the conduct of the risk-limiting audit. A full hand count conducted pursuant to this section shall not be construed as a recount under Chapter 8 (§ 24.2-800 et seq.). Nothing in this section shall be construed to limit the rights of a candidate under Chapter 8.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; 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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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-671.2\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 443<\/a> and 444<\/a> 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.<\/p>","references":[{"id":54119,"section_number":"24.2-669","catch_line":"Clerk to keep ballots; inspection; destruction","order_by":null,"url":"\/24.2-669\/"},{"id":63223,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","order_by":null,"url":"\/24.2-671\/"}],"refers_to":[{"id":58697,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","order_by":null,"url":"\/2.2-3707\/"},{"id":63223,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","order_by":null,"url":"\/24.2-671\/"},{"id":71192,"section_number":"24.2-680","catch_line":"Certificates of election","order_by":null,"url":"\/24.2-680\/"},{"id":81202,"section_number":"24.2-800","catch_line":"Recounts in all elections","order_by":null,"url":"\/24.2-800\/"}],"permalink":{"id":188777,"object_type":"law","relational_id":70965,"identifier":"24.2-671.2","token":"24.2\/6\/4\/24.2-671.2","url":"\/24.2-671.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-671.2\/","token":"24.2\/6\/4\/24.2-671.2","dublin_core":{"Title":"Risk-limiting audits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-671.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Contested race<\/span>” means an election<\/span> for an office where more names appear on the ballot then there are vacancies to be filled or a statewide referendum<\/span> or proposed constitutional amendment.\n\t\t\t“Risk limit<\/span>” means the largest probability that the risk-limiting audit<\/span> will fail to correct an election<\/span> outcome that differs from the outcome that would be found by a full manual tabulation of the votes on all ballots cast in the contested race<\/span>.\n\t\t\t“Risk-limiting audit<\/span>” means an audit protocol conducted after an election<\/span> and prior to the certification of the election<\/span> results with a pre-specified minimum probability of requiring a full hand count of votes cast if the outcome reported by the voting system<\/span> differs from the outcome that would be found by a full hand count of the votes in a contested race<\/span>. A “risk-limiting audit<\/span>” requires a hand count of randomly sampled printed ballots<\/span> that continues until there is either strong statistical evidence<\/span> that the reported outcome is correct or, in the absence of such evidence<\/span>, a full hand count of all ballots cast in the contested race<\/span> that determines the outcome. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Risk-limiting audits<\/span> conducted pursuant to this section shall be performed by the local electoral boards<\/span> and general registrars<\/span> under the supervision of the Department<\/span> and in accordance with the procedures prescribed by the State Board<\/span>, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Processes for randomly selecting contested races<\/span> and determining the risk limit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Procedures for preparing for a risk-limiting audit<\/span>, including guidelines for organizing ballots, selecting venues<\/span>, and securing appropriate materials<\/span> by local electoral boards<\/span> and general registrars<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Procedures for ballot custody<\/span>, accounting, security, and written record retention that ensure that the collection of cast ballots from which samples are drawn is complete and accurate throughout the audit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Procedures for hand counting of the audited ballots. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Processes and methods for conducting the risk-limiting audit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Procedures for ensuring transparency and understanding of the process by participants and the public, including guidelines for direct observation by members of the public, representatives of the candidates<\/span> involved in the risk-limiting audit<\/span>, and representatives of the political parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall provide that the following risk-limiting audits<\/span> be conducted: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the year of a general election<\/span> for members of the United States House of Representatives, a risk-limiting audit<\/span> of at least one randomly selected contested race<\/span> for such office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the year of a general election<\/span> for members of the General Assembly, a risk-limiting audit<\/span> of at least one randomly selected contested race<\/span> for such office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any year in which there is not a general election<\/span> for a statewide office, a risk-limiting audit<\/span> of at least one randomly selected contested race<\/span> for a local office, including constitutional offices<\/span>, for which certification by the State Board<\/span> is required under § 24.2-680<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In any year, any other risk-limiting audit<\/span> of a contested race<\/span> that is necessary to ensure that each locality participates in a risk-limiting audit<\/span> of an office within its jurisdiction<\/span> at least once every five years or that the State Board<\/span> finds appropriate. Such audits must be approved by at least a two-thirds majority vote of all members of the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A local electoral board<\/span> may request that the State Board<\/span> approve the conduct of a risk-limiting audit<\/span> for a contested race<\/span> within the local electoral board<\/span>’s jurisdiction<\/span>. The state board<\/span> shall promulgate regulations for submitting such requests. The State Board<\/span> shall grant an extension of the local electoral board<\/span>’s certification deadline under § 24.2-671<\/a> as necessary to accommodate the conduct of a risk-limiting audit<\/span> conducted pursuant to this subsection. The Department<\/span> may count a risk-limiting audit<\/span> conducted pursuant to this subsection toward the requirement in subdivision C 4. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsections C and D, no contested race<\/span> shall be selected to receive a risk-limiting audit<\/span> if the tabulation of the unofficial result for the contested race<\/span> shows a difference of not more than one percent of the total vote cast for the top two candidates<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the tabulation of the unofficial results of an election, the State Board<\/span> shall determine, in accordance with subsection C, all the contested races<\/span> for that election that will receive a risk-limiting audit<\/span> and shall set the risk limit<\/span> to be applied in such audits. As soon as practicable after selection of the contests to be audited, the Department<\/span> shall publish a notice of the contested races<\/span> in accordance with the requirements for public meetings in § 2.2-3707<\/a>. The Department<\/span> shall provide support to local electoral boards<\/span> and general registrars<\/span> in preparing to hold the risk-limiting audits<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The local electoral board<\/span> and general registrar<\/span> shall conduct a risk-limiting audit<\/span> within their jurisdiction<\/span> at the date, time, and location noticed by the Department<\/span>. At least one member of the local electoral board<\/span> representing each party<\/span> shall participate in the risk-limiting audit<\/span> and be present for the duration of the risk-limiting audit<\/span> when ballots are being selected and counted and calculations are being made. All risk-limiting audits<\/span> shall be conducted in a place and manner that is open to the public. At the conclusion of a risk-limiting audit<\/span>, all audit materials<\/span>, including ballots and any records generated during the course of the audit, shall be delivered to the clerk of the circuit<\/span> court<\/span> and retained as election materials<\/span> pursuant to § 24.2-668<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The local electoral board<\/span> in coordination with the general registrar<\/span> shall promptly report the results of a risk-limiting audit<\/span> of any contested races<\/span> subject to § 24.2-680<\/a> in their jurisdiction<\/span> to the Department<\/span>. The results of any risk-limiting audit<\/span> for a local contested race<\/span> shall also be retained by the local electoral board<\/span>. At the conclusion of each risk-limiting audit<\/span> requiring certification by the State Board<\/span>, the Department<\/span> shall submit to the State Board<\/span> a report, which shall include all data generated by the risk-limiting audit<\/span> and all information required to confirm that the risk-limiting audit<\/span> was conducted in accordance with the procedures adopted by the State Board<\/span>. The Department<\/span> shall publish the results of all risk-limiting audits<\/span> pursuant to this section on the Department<\/span>’s website. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If a risk-limiting audit<\/span> of a contested race<\/span> escalates to a full hand count, the results of the hand count shall be used to certify the election in lieu of the tabulation of the unofficial results obtained prior to the conduct of the risk-limiting audit<\/span>. A full hand count conducted pursuant to this section shall not be construed as a recount under Chapter 8 (§ 24.2-800<\/a> et seq.). Nothing in this section shall be construed to limit the rights of a candidate<\/span> under Chapter 8. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRISK-LIMITING AUDITS (\u00a7 24.2-671.2)\n\nA. For the purposes of this section:\n\t\t\t“Contested race” means an election for an office where more names\nappear on the ballot then there are vacancies to be filled or a statewide\nreferendum or proposed constitutional amendment.\n\t\t\t“Risk limit” means the largest probability that the risk-limiting\naudit will fail to correct an election outcome that differs from the outcome\nthat would be found by a full manual tabulation of the votes on all ballots cast\nin the contested race.\n\t\t\t“Risk-limiting audit” means an audit protocol conducted after an\nelection and prior to the certification of the election results with a\npre-specified minimum probability of requiring a full hand count of votes cast\nif the outcome reported by the voting system differs from the outcome that would\nbe found by a full hand count of the votes in a contested race. A\n“risk-limiting audit” requires a hand count of randomly sampled\nprinted ballots that continues until there is either strong statistical evidence\nthat the reported outcome is correct or, in the absence of such evidence, a full\nhand count of all ballots cast in the contested race that determines the\noutcome.\n\nB. Risk-limiting audits conducted pursuant to this section shall be performed by\nthe local electoral boards and general registrars under the supervision of the\nDepartment and in accordance with the procedures prescribed by the State Board,\nincluding:\n\n 1. Processes for randomly selecting contested races and determining the risk\n limit.\n\n 2. Procedures for preparing for a risk-limiting audit, including guidelines\n for organizing ballots, selecting venues, and securing appropriate materials\n by local electoral boards and general registrars.\n\n 3. Procedures for ballot custody, accounting, security, and written record\n retention that ensure that the collection of cast ballots from which samples\n are drawn is complete and accurate throughout the audit.\n\n 4. Procedures for hand counting of the audited ballots.\n\n 5. Processes and methods for conducting the risk-limiting audit.\n\n 6. Procedures for ensuring transparency and understanding of the process by\n participants and the public, including guidelines for direct observation by\n members of the public, representatives of the candidates involved in the\n risk-limiting audit, and representatives of the political parties.\n\nC. The Department shall provide that the following risk-limiting audits be\nconducted:\n\n 1. In the year of a general election for members of the United States House of\n Representatives, a risk-limiting audit of at least one randomly selected\n contested race for such office;\n\n 2. In the year of a general election for members of the General Assembly, a\n risk-limiting audit of at least one randomly selected contested race for such\n office;\n\n 3. In any year in which there is not a general election for a statewide\n office, a risk-limiting audit of at least one randomly selected contested race\n for a local office, including constitutional offices, for which certification\n by the State Board is required under § 24.2-680; and\n\n 4. In any year, any other risk-limiting audit of a contested race that is\n necessary to ensure that each locality participates in a risk-limiting audit\n of an office within its jurisdiction at least once every five years or that\n the State Board finds appropriate. Such audits must be approved by at least a\n two-thirds majority vote of all members of the Board.\n\nD. A local electoral board may request that the State Board approve the conduct\nof a risk-limiting audit for a contested race within the local electoral\nboard’s jurisdiction. The state board shall promulgate regulations for\nsubmitting such requests. The State Board shall grant an extension of the local\nelectoral board’s certification deadline under § 24.2-671 as\nnecessary to accommodate the conduct of a risk-limiting audit conducted pursuant\nto this subsection. The Department may count a risk-limiting audit conducted\npursuant to this subsection toward the requirement in subdivision C 4.\n\nE. Notwithstanding the provisions of subsections C and D, no contested race\nshall be selected to receive a risk-limiting audit if the tabulation of the\nunofficial result for the contested race shows a difference of not more than one\npercent of the total vote cast for the top two candidates.\n\nF. Upon the tabulation of the unofficial results of an election, the State Board\nshall determine, in accordance with subsection C, all the contested races for\nthat election that will receive a risk-limiting audit and shall set the risk\nlimit to be applied in such audits. As soon as practicable after selection of\nthe contests to be audited, the Department shall publish a notice of the\ncontested races in accordance with the requirements for public meetings in\n§ 2.2-3707. The Department shall provide support to local electoral boards\nand general registrars in preparing to hold the risk-limiting audits.\n\nG. The local electoral board and general registrar shall conduct a risk-limiting\naudit within their jurisdiction at the date, time, and location noticed by the\nDepartment. At least one member of the local electoral board representing each\nparty shall participate in the risk-limiting audit and be present for the\nduration of the risk-limiting audit when ballots are being selected and counted\nand calculations are being made. All risk-limiting audits shall be conducted in\na place and manner that is open to the public. At the conclusion of a\nrisk-limiting audit, all audit materials, including ballots and any records\ngenerated during the course of the audit, shall be delivered to the clerk of the\ncircuit court and retained as election materials pursuant to § 24.2-668.\n\nH. The local electoral board in coordination with the general registrar shall\npromptly report the results of a risk-limiting audit of any contested races\nsubject to § 24.2-680 in their jurisdiction to the Department. The results\nof any risk-limiting audit for a local contested race shall also be retained by\nthe local electoral board. At the conclusion of each risk-limiting audit\nrequiring certification by the State Board, the Department shall submit to the\nState Board a report, which shall include all data generated by the\nrisk-limiting audit and all information required to confirm that the\nrisk-limiting audit was conducted in accordance with the procedures adopted by\nthe State Board. The Department shall publish the results of all risk-limiting\naudits pursuant to this section on the Department’s website.\n\nI. If a risk-limiting audit of a contested race escalates to a full hand count,\nthe results of the hand count shall be used to certify the election in lieu of\nthe tabulation of the unofficial results obtained prior to the conduct of the\nrisk-limiting audit. A full hand count conducted pursuant to this section shall\nnot be construed as a recount under Chapter 8 (§ 24.2-800 et seq.). Nothing\nin this section shall be construed to limit the rights of a candidate under\nChapter 8.\n\nHISTORY: 2022, cc. 443, 444.","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}}