Virginia Code 24.2-639: Duties of officers of election
The officers of election of each precinct at which voting systems are used shall meet at the polling place by 5:15 a.m. on the day of the election and arrange the equipment, furniture, and other materials for the conduct of the election. The officers of election shall verify that all required equipment, ballots, and other materials have been delivered to them for the election. The officers shall post at least two instruction cards for direct recording electronic machines conspicuously within the polling place.
Terms Used In Virginia Code 24.2-639
- Board: means the State Board of Elections. See Virginia Code 24.2-101
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Election: means a general, primary, or special election. See Virginia Code 24.2-101
- General registrar: means the person appointed by the electoral board of a county or city pursuant to § 24. See Virginia Code 24.2-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Officer of election: means a person appointed by an electoral board pursuant to § 24. See Virginia Code 24.2-101
- political party: means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. See Virginia Code 24.2-101
- Polling place: means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. See Virginia Code 24.2-101
- Precinct: means the territory designated by the governing body of a county, city, or town to be served by one polling place. See Virginia Code 24.2-101
- primary election: means an election held for the purpose of selecting a candidate to be the nominee of a political party for election to office. See Virginia Code 24.2-101
- Qualified voter: means a person who is entitled to vote pursuant to the Constitution of Virginia and who is (i) 18 years of age on or before the day of the election or qualified pursuant to § 24. See Virginia Code 24.2-101
- Special election: means any election that is held pursuant to law to fill a vacancy in office or to hold a referendum. See Virginia Code 24.2-101
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
The keys to the equipment and any electronic activation devices that are required for the operation of electronic voting equipment shall be delivered, prior to the opening of the polls, to the officer of election designated by the electoral board or general registrar in a sealed envelope on which has been written or printed the name of the precinct for which it is intended. The envelope containing the keys and any electronic activation devices shall not be opened until all of the officers of election for the precinct are present at the polling place and have examined the envelope to see that it has not been opened. The equipment shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting.
Before opening the polls, each officer shall examine the equipment and see that no vote has been cast and that the counters register zero. The officers shall conduct their examination in the presence of the following party and candidate representatives: one authorized representative of each political party or independent candidate in a general or special election, or one authorized representative of each candidate in a primary election, if such representatives are available. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the officers of election a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman’s or candidate’s original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.
If any counter, other than a protective or private counter, on a ballot scanner is found not to register zero, the officers of election shall immediately notify the general registrar, who shall, if possible, substitute a machine in good working order, that has been prepared and tested pursuant to § 24.2-634. No ballot scanner shall be used if any counter, other than a protective or private counter, is found not to register zero.
Code 1950, § 24-306; 1970, c. 462, § 24.1-216; 1972, c. 620; 1985, c. 458; 1993, c. 641; 1998, c. 264; 2003, c. 1015; 2004, cc. 993, 1010; 2010, c. 448; 2014, cc. 540, 576; 2015, c. 133; 2016, cc. 18, 464, 492.