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Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 100. Ranked Choice Voting
2/8/2023

1VAC20-100-40. Ballot treatment.

As prescribed by § 24.2-673.1 of the Code of Virginia, ballots shall be tabulated in the following manner:

1. Ranked choice overvote.

a. A ballot with a ranked choice overvote shall be counted in the initial round if voter intent can be determined. The ballot shall not be counted in any round in which the ballot has a ranked choice overvote.

b. A ballot with a duplicate ranking shall be counted unless the voter's choice was defeated in a previous round.

2. Skipped ranking.

a. In the event of a ballot with a skipped ranking, the next valid ranking shall be counted.

b. In the event the ballot reaches two consecutive skipped rankings, the ballot will be considered an inactive ballot.

3. Tie breaking.

a. In the event two persons have an equal number of votes for a seat and a higher number than any other person in the last round of an election conducted by ranked choice voting, the candidate or person to be elected shall be determined by lot as prescribed by § 24.2-674 of the Code of Virginia.

b. In the event two or more persons have an equal number of votes for a seat and the fewest number of votes in a round of an election conducted by ranked choice voting, tabulation cannot be continued until one of the persons is defeated. The person to continue as an active candidate shall be determined by lot as prescribed by § 24.2-674 of the Code of Virginia.

Statutory Authority

§ 24.2-673.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 38, Issue 9, eff. December 3, 2021.

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