Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 60. Election Administration

1VAC20-60-30. Electronic devices in polling place.

A. 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.

B. 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 place.

C. No voter may be removed from the polling place for the use of an electronic device until after the voter has cast his ballot.

D. 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. An electoral board may not enact any policy that disallows the use of any electronic device by all individuals.

Statutory Authority

§ 24.2-103 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 4, eff. October 5, 2011; amended Virginia Register Volume 33, Issue 4, eff. October 4, 2016.

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