Audit Laws
State Summary
Virginia’s audit law, first enacted in 2014 and amended in 2017, was amended again in 2022, when the section on risk-limiting audits was expanded, adding new requirements, specifically that risk-limiting audits be performed before certification of election results. The requirement that localities participate in risk-limiting audits at least once every five years remained unchanged. They may do so by being part of a statewide or district contest selected for audit or by auditing their own local elections with approval from the state board.
Unless otherwise specified, references are to Va. Code § 24.2-671.2 “Risk-limiting audits.”
Voting Systems Used
Virginia primarily uses hand marked paper ballots and optical scanners in polling places statewide, with ballot marking devices for accessibility. For the most up-to-date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
Virginia’s audit law 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.” Va. Code § 24.2-671.2.A.
Transparency
Virginia’s audit provisions state that, as soon as practicable after selection of the contests to be audited, the Department of Elections must publish a notice of the contested races in accordance with the requirements for public meetings in Va. Code § 2.2-3707. Further, at least one member of the local electoral board representing each party must participate in the audit and be present for the duration of the audit, including when ballots are being selected and counted and calculations are being made. Va. Code § 24.2-671.2.G. All risk-limiting audits must be conducted in a place and manner that is open to the public and the Department of Elections is required to publish the results of all audits on its website. Va. Code § 24.2-671.2.H.
The State Board of Elections is required to prescribe procedures to ensure transparency and understanding of the process by participants and the public, including guidelines for direct observation by the public, representatives of the candidates involved in the audit, and representatives of the political parties. Va. Code § 24.2-671.2.B.6.
Audit Counting Method
Virginia’s 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.” Va. Code § 24.2-671.2.A. The State Board of Elections is required to prescribe procedures for hand counting of the audited ballots. Va. Code § 24.2-671.2.B.4.
Type Of Audit Units
Virginia’s audit law does not define an audit unit. In practice in 2018 through 2020, individual ballots were used as the audit units in ballot polling audits. The statute only requires a “hand count of randomly sampled printed ballots,” (Va. Code § 24.2-671.2.A) which allows a variety of types of risk-limiting audits to be conducted.
Contests & Issues Audited
Viriginia’s statute requires risk-limiting audits of specified contests in different election years: in years of general election for members of the U.S. House of Representatives, a risk-limiting audit of at least one randomly selected contested race for such office must be conducted; in years 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 must be conducted (effective July, 2, 2023); in any year in which there is no 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 Va. Code § 24.2-680 must be conducted (effective July 1, 2024); and, 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 must be conducted (effective July 1, 2023). (Audits of local elections must be approved by at least a two-thirds majority vote of all members of the Board.) Va. Code § 24.2-671.2.C.
Addressing Discrepancies
Virginia’s risk-limiting audit must continue 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. Va. Code § 24.2-671.2.A. If an audit of a contested race escalates to a full hand count, the results of the hand count are used to certify the election in lieu of the tabulation of the unofficial results obtained prior to the conduct of the audit. Va. Code § 24.2-671.2.I.
For recount laws, see Citizens for Election Integrity Minnesota website.
Timeline
The audit is conducted after an election and prior to the certification of the election results. Va. Code § 24.2-671.2.A. The local electoral boards, in coordination with the general registrars, must “promptly” report the results of an audit to the Department of Elections. Va. Code § 24.2-671.2.H. The 2022 legislation moved the deadline for the State Board to certify election results to the first Monday in December. Va. Code § 24.2-679.A.
Binding On Official Outcomes
Virginia’s risk-limiting audit must be conducted prior to the certification of the election results. Va. Code § 24.2-671.2.A. If an audit escalates to a full hand count, the results of the hand count are to be used to certify the election in lieu of the tabulation of the unofficial results obtained prior to the conduct of the audit. Va. Code § 24.2-671.2.I.
Oversight & Conduct
Audits are conducted by local electoral boards and general registrars in accordance with the procedures prescribed by the Department of Elections. Va. Code § 24.2-679.B. These procedures include “[p]rocedures 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.” Va. Code § 24.2-671.2.B.6.
Ballot Protection
All voting machines must be secured until after the period for initiation of a recount has expired and, if machine results are recorded on data storage devices, these must be removed and kept in sealed envelopes. Va. Code § 24.2-659.F. Any paper ballots must also be kept in sealed envelopes. Va. Code § 24.2-668.A. The clerk to whom ballots are delivered may only allow ballots to be inspected by an authorized representative of the State Board of Elections, or by the electoral board at the direction of the State Board to ensure the accuracy of the returns or the purity of the election, or by the officers of election at the direction of the electoral board, for the purpose of conducting a recount under Va. Code § 24.2-800, or for the purpose of conducting a risk-limiting audit. Va. Code § 24.2-669. The Department of Elections and State Board of Elections must also provide “[p]rocedures 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.” Va. Code § 24.2-671.2.B.3.
Additional Targeted Samples
No statutory guidance is provided on this matter.