                                 CODE OF VIRGINIA

STATE BOARD APPROVAL PROCESS OF ELECTRONIC VOTING SYSTEMS (§ 24.2-629)

A. Any person, firm, or corporation, referred to in this article as the
&#8220;vendor,&#8221; manufacturing, owning, or offering for sale any electronic
voting or counting machine and ballots designed to be used with such equipment
may apply to the State Board, in the manner prescribed by the Board, to have
examined a production model of such equipment and the ballots used with it. The
Board may require the vendor to pay a reasonable application fee when he files
his request for testing or certification of new or upgraded voting equipment.
Receipts from such fees shall be credited to the Board for reimbursement of
testing and certification expenses. In addition to any other materials that may
be required, a current statement of the financial status of the vendor,
including any assets and liabilities, shall be filed with the Board; if the
vendor is not the manufacturer of the equipment for which application is made,
such a statement shall also be filed for the manufacturer. These statements
shall be exempt from the provisions of the Virginia Freedom of Information Act
(&#xA7; 2.2-3700 et seq.). The Board shall require, at a site of its choosing, a
demonstration of such equipment and ballots and may require that a production
model of the equipment and a supply of ballots be provided to the Board for
testing purposes. The Board shall also require the vendor to provide
documentation of the practices recommended by the vendor to ensure the optimum
security and functionality of the system.

B. The Board may approve any kind of electronic voting system that meets the
following requirements:

   1. It shall provide clear instructions for voters on how to mark or select
   their choice and cast that vote.

   2. It shall provide facilities for voting for all offices at any election and
   on as many questions as may be submitted at any election.

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

   4. It shall require votes for presidential and vice presidential electors to
   be cast for the presidential and vice presidential electors of one party by
   one operation. The ballot shall contain the words &#8220;Electors for&#8221;
   preceded by the name of the party or other authorized designation and followed
   by the names of the candidates for the offices of President and Vice
   President.

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

   6. It shall enable the voter to cast a vote on any question on which he is
   lawfully permitted to vote, but no other.

   7. It shall provide the voter with an opportunity to correct any error before
   a ballot is cast.

   8. It shall correctly register or record and accurately count all votes cast
   for candidates and on questions.

   9. It shall be provided with a &#8220;protective counter,&#8221; whereby any
   operation of the machine before or after the election will be detected.

   10. It shall be provided with a counter that at all times during an election
   shall show how many persons have voted.

   11. It shall ensure voting in absolute secrecy. Ballot scanner machines shall
   provide for the secrecy of the ballot and a method to conceal the voted
   ballot.

   12. It shall be programmable to allow ballots to be separated when necessary.

   13. It shall retain each printed ballot cast.

   14. Ballot scanner machines shall report, if possible, the number of ballots
   on which a voter undervoted or overvoted.

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

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

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

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

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

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

I. The Board shall have the authority to investigate, at its discretion, any
voting system certified in Virginia to ensure that it continues to meet the
standards outlined in subsections C and D. The Board may, at its discretion,
decertify any voting system based on significant problems detected with the
voting system in Virginia or on reports provided by federal authorities or other
state election officials.

HISTORY: 1985, c. 458, §§ 24.1-207.1; 1986, c. 558, § 24.1-206.3; 1993, c.
641; 1994, cc. 287, 742; 2001, cc. 640, 641; 2003, c. 1015; 2004, cc. 409, 993,
1010; 2007, c. 794; 2008, c. 703; 2014, cc. 540, 576; 2020, c. 294.