TITLE 1. ADMINISTRATION

STATE BOARD OF ELECTIONS

Final Regulation

Title of Regulation: 1VAC20-60. Election Administration (amending 1VAC20-60-9998; adding 1VAC20-60-80).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Effective Date: October 6, 2022.

Agency Contact: Ashley Coles, Agency Regulatory Coordinator, Department of Elections, Washington Building, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8933, or email ashley.coles@elections.virginia.gov.

Summary:

The amendments establish the process through which a local electoral board may request a risk-limiting audit of a contested race in its jurisdiction, including requirements that (i) an electoral board must cast a majority vote at a public meeting to request an audit for a particular contested race; (ii) an electoral board must sign and complete the new Form SBE 671.2(D) and identify any race subject to the requested audit; (iii) the State Board of Elections will grant an audit request if the form is properly completed, all statutory requirements are met, and the request is submitted prior to the state board meeting that determines all the contested races for that election that will receive a risk-limiting audit; and (iv) the state board will grant a two-week extension to the electoral board's certification deadline under § 24.2-671 of the Code of Virginia to accommodate the conduct of the risk-limiting audit.

1VAC20-60-80. Request for a risk-limiting audit for a contested race within a jurisdiction.

Pursuant to § 24.2-671.2 D of the Code of Virginia, a local electoral board shall follow the process in this section to request a risk-limiting audit of a contested race within its jurisdiction:

1. At the public canvass meeting following the election, an electoral board may elect to request an audit of a contested race, or multiple races, within its jurisdiction (risk-limiting audit) by a majority vote.

2. If a question to request a risk-limiting audit achieves a majority vote, an electoral board must complete Form SBE 671.2(D) to request State Board of Elections (SBE) approval of the audit.

3. The SBE will grant a request for a risk-limiting audit within a locality's jurisdiction if:

a. The submitted Form SBE 671.2(D) contains sufficient information for the SBE to determine that the local electoral board members cast a majority vote in favor of the audit request;

b. The submitted Form SBE 671.2(D) contains sufficient information for the SBE to determine which contested races are subject to the requested audit and that those races are in fact within the jurisdiction of the local electoral board;

c. The SBE concludes that the audit is permissible under § 24.2-671.2 of the Code of Virginia and all other relevant provisions of law; and

d. The following conditions are met:

(1) The margin of the candidate with the most votes and the second most votes is equal to or greater than 1.0%; and

(2) The number of estimated ballots to be sampled exceeds 15% of the total number of ballots cast.

4. Upon granting an electoral board's request for a risk-limiting audit, the SBE may grant an extension not to exceed two weeks of the local electoral board's certification deadline pursuant to § 24.2-671 of the Code of Virginia if necessary for the conduct of the audit.

FORMS (1VAC20-60)

Commonwealth of Virginia Petition of Qualified Voters For Referendum, SBE-684.1(1) (rev. 5/2011)

Request for a Risk-Limiting Audit, SBE 671.2(D) (rev. 8/2022)