LIS

Virginia Law

Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 100. Ranked Choice Voting
7/5/2025

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. In the case of a ranked choice overvote for a ranking on a ballot, the ranking shall not be counted in any round, and the next valid ranking shall be counted in all rounds except the first-choice ranking tabulation.

b. In the case of a duplicate ranking for an active candidate, only the voter's highest ranking for the candidate shall be counted. Valid rankings after a duplicate ranking shall be counted.

2. Skipped ranking.

a. In the event of a ballot with a skipped ranking, the next valid ranking shall be counted, except in the first-choice ranking tabulation round.

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; amended Virginia Register Volume 39, Issue 23, eff. June 20, 2023.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.