Code of Virginia - Title 24.2 Elections - Section 24.2-628 Authorized use of mechanical voting devices

§ 24.2-628. Authorized use of mechanical voting devices

A. Any person, firm, or corporation manufacturing, owning, or offering for sale any mechanical voting device may apply to the State Board, in the manner prescribed by the Board, to examine and approve such device. The Board shall make, or have made, a report on the capacity of the device accurately to register and count votes, and in respect to its mechanical perfections and imperfections, and whether it meets the requirements prescribed in this chapter. The report shall be filed in the office of the Board and shall state whether the kind of device so examined can be safely and conveniently used at elections. If the Board determines that the device can be so used, and meets the requirements prescribed in this chapter, the Board shall approve the device for use at elections. No form of voting device not so approved shall be used at any election.

B. Any kind of mechanical voting device may be approved by the Board which meets the following requirements:

1. It shall provide facilities for voting for all candidates of as many political parties as may make nominations at any election; on as many questions as may be submitted at any election; and at all general or special elections, permit the voter to vote for all of the candidates of one party or in part for the candidates of one or more parties. It shall enable the voter to vote for as many persons for an office as lawfully permitted, but no more; prevent the voter from voting for the same person more than once for the same office; and enable the voter to vote on any question he is lawfully permitted to vote on, but no other.

2. For use at primary elections, it shall be equipped so that all rows except those of the voter's party can be locked out by the officers of election by means of an adjustment on the outside of the device.

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

4. It shall be provided with a "protective counter" whereby any operation of the device before or after the election will be detected.

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

6. It shall be provided with a mechanical model, illustrating the manner of voting and suitable for the instruction of voters.

7. It shall enable each voter to vote for all the presidential electors of one party by one operation. It shall have a ballot containing the words "Electors For" preceded by the name of the party or other authorized designation and the names of its candidates for the offices of President and Vice-President and a mechanism which registers the collective vote cast for such electors.

8. It shall ensure voting in absolute secrecy.

(Code 1950, §§ 24-293, 24-294; 1970, c. 462, §§ 24.1-204, 24.1-205; 1985, c. 458; 1993, c. 641.)

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Last modified: April 3, 2009