1VAC20-60-30. Electronic devices in polling place.
Representatives of candidates and political
parties authorized to observe the election may use cell phones or other
electronic devices provided that the ] device contains no camera or
video recording capacity [ camera function is not used within
the polling place. The officers of election are ] responsible
[ authorized to monitor the use of electronic devices for
observation of the election and may regulate or prohibit any use the officers
determine will hinder or delay a voter or officer of election or otherwise
impede the orderly conduct of the election. Whether a particular call or calls by any authorized
representative is deemed to interfere or disrupt the voting process is within
the discretion of the officers of election at each ] precinct
[ polling place as a majority. Any authorized representative may
be required to cease the call, make or receive any such calls outside the ]
precinct [ polling place, or be removed from the polling ]
precinct [ The use of electronic devices inside the polling
place is generally permitted. However, representatives of candidates and
political parties authorized to observe the election are prohibited from taking
photos or video within the polling ] place.
Use of cell phones and other electronic devices by other
persons at polling places shall be monitored by the officers of election who
may regulate or prohibit any use the officer determines will hinder or delay a
voter or officer of election or otherwise impede the orderly conduct of the
election. Use of electronic devices may not interfere nor disrupt the voting
process, nor attempt to solicit or attempt to influence any person in casting
his vote. At no time may any person use a camera or the camera function on
an electronic device to film, digitally capture, or take pictures within the
polling place unless such person is an authorized member of the media filming
in accordance with § 24.2-604 J of the Code of Virginia. Once a voter
enters the prohibited area at the polls as designated in § 24.2-604 of the
Code of Virginia, the use of a cell phone or other electronic communication
device may be prohibited if deemed a violation of § 24.2-1006 of the Code
of Virginia, or if otherwise deemed disruptive to the voting process.
[ Voters are permitted to use cameras or audio or visual recording
devices inside the polling place. Officers of election may regulate or restrict
the use of these devices by voters if the use hinders, delays, or disrupts the
voting process, or the voter attempts to intimidate other voters through use of
the device. Whether a voter's use of a device is deemed in violation
of this subsection is within the discretion of the officers of election at each
polling place as a majority. Any voter may be required to cease using the
device, but no voter may be removed from the polling place for using a device
until after the voter has cast his ballot. Officers of election are
authorized to monitor the use of an electronic device by any individual in the
polling place. Officers of election may restrict the use of an electronic
device by any individual if that use hinders, delays, or disrupts the voting
process; if that use attempts to solicit or in any manner attempts to influence
any person in casting his vote; or if the individual attempts to intimidate
another individual through use of an electronic device. Whether use of an
electronic device by an individual is deemed in violation of this section is
within the discretion of the majority of officers of election at each polling
place. Upon determination of a violation of this section, the officers of
election may (i) require any individual to cease the use of an electronic
device, (ii) require any individual to limit the use of an electronic device to
outside the polling place, or (iii) remove any individual from the polling
Grounds for regulating ] or
prohibiting [ the use of electronic devices by authorized
representatives of candidates and political parties include ] but
are not limited to [ (i) the making or receiving of calls that
interfere with or become disruptive to the voting process; (ii) the making or
receiving of calls in an attempt to solicit or influence any person in casting
his vote; or (iii) the ] usage of the camera function to film
within the polling place or beyond the 40-foot prohibited area; or (iv) the
[ person using the device is conducting himself in a noisy or riotous
manner at or about the polls so as to disturb the election. No voter may
be removed from the polling place for the use of an electronic device until
after the voter has cast his ballot. ]
An officer of election may require any individual using
an electronic device subject to regulation under subsection C of this section
to cease such use, make or receive calls outside the precinct polling place,
or remove the use of the device from the polling place. [ No
policy disallowing use of all electronic devices by all voters is allowed.
The determination of the officers of election of any dispute concerning the use
of an electronic device shall be subject to immediate appeal to the local
electoral board. ]
[ E. ]
Any action taken pursuant to this section
is within the judgment of the officers of election as a majority. [ An
electoral board may not enact any policy that disallows the use of any
electronic device by all individuals. ] F. [ E. The determination of the
officers of election of any dispute concerning the use of electronic devices
shall be subject to immediate appeal to the local electoral board. ]
1VAC20-60-40. When ballot cast.
A. A voter, voting in person on election day or voting absentee in-person, has not voted until a permanent record of the voter's intent is preserved.
B. A permanent record is preserved by a voter (i)
pressing the vote or cast button on a direct recording electronic machine, (ii)
inserting an optical scan ballot into an electronic counter, [ or ] (iii)
placing a paper ballot in an official ballot container [
, or (iv)
relinquishing possession of a completed provisional ballot envelope containing
the ballot to the possession of an officer of election ].
C. A vote has not been cast by the voter unless and until the voter or an officer of election or assistant at the direction of and on behalf of the voter pursuant to § 24.2-649 of the Code of Virginia completes these actions to preserve a permanent record of the vote.
D. If any voter's ballot was not so cast by or at the direction of the voter, then the ballot cannot be cast by any officer of election or other person present. Notwithstanding the previous sentence, if a voter inserts a ballot into an optical scanner and departs prior to the ballot being returned by the scanner due to an undervote or overvote, the officer of election may cast the ballot for the absent voter.
E. An absentee voter who votes other than in person shall be
deemed to have cast his ballot at the moment he personally delivers the ballot
to the general registrar or electoral board or relinquishes control over the
ballot to the [
United States U.S. ] Postal Service or
other authorized carrier for returning the ballot as required by law.
1VAC20-60-50. Overfull optical scan ballot container.
If an optical scan reader in use in a registrar's office or a polling place malfunctions because the connected ballot container includes too many ballots, election officials may open the ballot container and empty the ballots with the following safeguards:
1. The optical scan ballot container shall be opened in plain sight of any authorized party representatives or other observers and, once the ballots have been deposited into an auxiliary ballot container, both ballot containers shall remain in plain sight in the polling place.
2. Any such auxiliary ballot container used shall meet the requirements of § 24.2-623 of the Code of Virginia.
A In a general, special, or dual-party primary
election, a minimum of two officers of election, not representing both
the same political parties party, shall execute such a
transfer of ballots. In a single-party primary election, the transfer shall
be conducted by a minimum of two officers of election who may [ be
members of represent ] the same party.