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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54119</law_id><section_number>24.2-669</section_number><catch_line>Clerk to keep ballots; inspection; destruction</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>24.2-653.01</reference><reference>24.2-658</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="6">The Election</unit><unit label="article" level="3" order_by="1" identifier="4">Conduct of Election; Election Results</unit></structure><text>
						<section><p>The clerk to whom the counted and uncounted ballots are delivered shall, without breaking the seal, deposit them in a secure place in his office, where they shall be kept for the time required by this section. He shall not allow the ballots to be inspected except (i) by an authorized representative of the <span class="dictionary">State Board</span> or by the electoral board at the direction of the <span class="dictionary">State Board</span> to ensure the accuracy of the returns or the purity of the <span class="dictionary">election</span>, (ii) by the officers of <span class="dictionary">election</span>, and then only at the direction of the electoral board in accordance with &#xA7;&#xA0;<a class="law" title="Electoral board to correct irregularities in returns of officers of election" href="/24.2-672/">24.2-672</a> when the provisions of &#xA7;&#xA0;<a class="law" title="Procedure when paper ballots exceed names on pollbooks" href="/24.2-662/">24.2-662</a> have not been followed, (iii) on the <span class="dictionary">order</span> of a <span class="dictionary">court</span> before which there is pending a proceeding for a contest or recount under Chapter 8 (&#xA7;&#xA0;<a class="law" title="Recounts in all elections" href="/24.2-800/">24.2-800</a> et seq.) of this title or before whom there is then pending a proceeding in which the ballots are necessary for use in <span class="dictionary">evidence</span>, or (iv) for the purpose of conducting a risk-limiting audit pursuant to &#xA7;&#xA0;<a class="law" title="Risk-limiting audits" href="/24.2-671.2/">24.2-671.2</a>. In the event that ballots are inspected under clause (i), (ii), or (iv) of this paragraph, each <span class="dictionary">political party</span> and each independent <span class="dictionary">candidate</span> on the ballot, or each <span class="dictionary">primary</span> <span class="dictionary">candidate</span>, shall be entitled to have a representative present during such inspection. The representatives and observers lawfully present shall be prohibited from interfering with the officers of <span class="dictionary">election</span> in any way. The <span class="dictionary">State Board</span> or <span class="dictionary">local electoral board</span> shall provide such parties and <span class="dictionary">candidates</span> reasonable advance notice of the inspection.
		After the counted ballots for a federal <span class="dictionary">election</span> have remained in the clerk&#x2019;s office for two years, if no <span class="dictionary">election</span> contest or other proceeding is pending in which such ballots may be needed as <span class="dictionary">evidence</span>, the clerk shall destroy such ballots. After the counted ballots for any other <span class="dictionary">election</span> have remained in the clerk&#x2019;s office for one year, if no <span class="dictionary">election</span> contest or other proceeding is pending in which such ballots may be needed as <span class="dictionary">evidence</span>, the clerk shall destroy such ballots. After the unused ballots have remained in the clerk&#x2019;s office and the time has expired for initiating a recount, contest, or other proceeding in which such ballots may be needed as <span class="dictionary">evidence</span> and no such contest or proceeding is pending, the clerk may then destroy the unused ballots other than punchcard ballots, which shall be returned to the electoral board.</p></section></text><history>Code 1950, &#xA7;&#xA7; 24-268, 24-270; 1970, c. 462, &#xA7; 24.1-144; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1981, c. 425; 1992, c. 293; 1993, c. 641; 1998, c. 270; 2003, c. 1015; 2006, c. 689; 2008, c. 565; 2022, cc. 443, 444.</history><metadata></metadata></law>
