Administrative Code

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Virginia Administrative Code
Title 1. Administration
Agency 20. State Board of Elections
Chapter 60. Election Administration
1/27/2023

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.

Statutory Authority

§ 24.2-103 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 39, Issue 5, eff. October 6, 2022.

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