CHAPTER 526

An Act to amend the Code of Virginia by adding Chapter 12.1 to Title 24
containing sections numbered 24-818.1 through 24-818.8, to permit
the use of ballot marking devices and tabulating equipment in con-
ducting general, special and primary elections in any city, town, or
county in the State, to provide for the form of the ballots, and the
approval of said devices and equipment by the State Board of
Elections.

fH 562]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding Chapter 12.1 of
Title 24 thereto containing sections numbered 24-318.1 through 24-318.8,

as follows:
CHAPTER 12.1

USE OF BALLOT MARKING DEVICES AND TABULATING
EQUIPMENT FOR COUNTING BALLOTS

§ 24-318.1. The governing body of any city, town or county in this
State may adopt for use at general, special and primary elections ballot
marking devices which have been approved by the State Board of Elec-
tions. The term “ballot marking device” as used herein is any apparatus
in which ballots or ballot cards are inserted, with a punch provided for
the piercing of said ballots or ballot cards whereby the voter may register
his votes for candidates and for or against propositions to be voted on,
together with such additional features, such as light, magnifying lens,
template or other item, as may be part thereof; and said governing body
shall have authority to provide for the use of such ballot marking device
at any and all elections held in such city, town or county, or any part
thereof, or in any one or more voting precincts therein, for voting, and
shall have authority to purchase, lease, or otherwise acquire such ballot
marking device and to provide for the payment therefor, in such manner
as the authorities may deem proper.

§ 24-318.2. The State Board of Elections, upon the request of any
manufacturer or distributor of ballot marking devices as defined in
8 24-318.1, shall examine said device and if found to be adequate, proper,
and to comply with the provisions of this Chapter, shall approve the use
of ballot marking devices of its kind for use at elections as herein pro-
vided. No form of ballot marking device not so approved shall be used
at any election. The State Board of Elections shall have the authority to
employ such experts as it may deem necessary to assist in the examina-
tion of a ballot marking device at a cost of not exceeding One Hundred
Dollars for each examination, the cost to be paid by the manufacturer or
distributor applying for such examination.
§ 24-318.3. Notwithstanding any other provision of this Title, in
any city, town or county where the governing body has adopted the use
of ballot marking devices approved by the State Board of Elections, the
ballots for such devices may be printed on tabulating type paper cards,
with two columns of names of candidates, and the type may be
than Pica but not smaller than six point, and the square provided imme-
diately to the left or the right and on the same line with the name of
each candidate shall be not less than three-sixteenths inch in size. Alter-
natively the ballots may be tabulating cards without the names of candi-
dates or propositions to be voted on being printed thereon, with pre-
scored squares or openings for piercing by the voter of a size to permit
processing in standard tabulating equipment and appropriately spaced to
assure, when properly inserted in the ballot marking device, satisfactory
conjunction for voting purposes with or to one or more lists or pages of
candidates and propositions to be voted on, each of which lists or pages
shall be similar in appearance to a ballot and be fixed securely to the
ballot marking device during the election, and so printed and spaced as to
be clearly legible and to permit the voter to check his ballot card before
surrendering it to the election Judge. In those polling places where mark-
ing devices have been placed as authorized in this Chapter, the elector
shall, when in the voting booth, immediately preceding or following the
name of each candidate he wishes to vote for, or the proposition on which
he wishes to vote, pierce the ballot or ballot card with the approved mark-
ing device in the square or opening provided for such purpose. The voter
shall then insert the ballot or ballot card on which his vote has been cast
in a folder or envelope provided for that purpose by the local electoral
board so as to conceal his vote on said candidates or propositions and
return the ballot to the Judge of the election who shall deposit the ballot
in the folder in the ballot box. There may be attached to the top of the
ballot an instructional card, in the form of a stub, which shall be detached
by the Judge before the ballot is deposited in the ballot box.

§ 24-318.4. It shall be lawful for any voter to place on an official
printed ballot or ballot card used in such a marking device the name of
any person in his own handwriting thereon and to vote for such other
person for any office for which he may desire to vote and mark the same
by a check (\/) or cross (+ or <) mark or line (—) immediately pre-
ceding the name inserted, provided that in those polling places where
marking devices for printed ballots have been placed as authorized in this
Chapter the squares immediately preceding the names inserted shall be
pierced by the voter using the marking device. Provided, however, that
nothing contained in this Section shall affect the operation of § 24-251 of
the Code of Virginia. No ballot, with a name or names placed thereon in
violation of this Section shall be counted for such person.

In the case of ballot cards on which the names of candidates or propo-
sitions have not been printed, appropriate space for independent or write-
in voting shall be provided either on the ballot card, a separate card or
ballot, or on the inside of the folder or envelope mentioned in § 24-318.3;
and there may be appropriately placed squares or openings provided for
the piercing or marking of the ballot card to indicate the casting of such
independent or write-in vote; and whichever method shall be used, the
design and use thereof shall be such as to permit election officials to
readily determine and disqualify votes invalid under § 24-266.

§ 24-318.5. Instruction and demonstration of the use of said mark-
ing device shall be provided by the local electoral board not less than ten
nor more than twenty-one days before each election to the Judges and
Clerks, if Clerks be appointed, appointed to serve in such election, and
the local electoral board shall not permit any person to serve as Judge or
Clerk who is not fully qualified to conduct an election with the ballot
marking device, provided nothing herein shall be construed as to prevent
the appointment of a person as a Judge or Clerk of election to fill a
vacancy in an emergency. In any city, town or county in which ballot
marking devices are to be used, the electoral board may designate suitable
and adequate times and places for the exhibition and demonstration of a
ballot marking device, for the purpose of giving instructions as to the
use of ballot marking devices to all voters who may apply for the same,
and may provide for demonstrator models to be used to instruct voters
on election day.

§ 24-318.6. In any election precinct where ballot marking devices
are used as authorized in this Chapter, the Judges shall in the presence
of all persons who may be lawfully present at the time, proceed to ascer-
tain the results of the election after the polls are closed. The ballot boxes
shall be opened as provided by law. The ballots or ballot cards shall be
removed from the folders or envelopes and the ballots, as registered either
on the cards or otherwise as provided under § 24-318.4, may be sorted
into such types and parts as may appear necessary to properly provide
for counting all ballots including write-in and absentee ballots. The bal-
lots, in whole or by any type or part thereof, may be checked and/or
counted at the polls, and/or they may, under instructions from the local
electoral board, be placed in one or more containers, sealed and signed
by all three Judges and taken by the three Judges for counting or com-
pleting the count, to the central counting station designated by the local
electoral board. Said sealed containers shall there be opened in the pres-
ence of all three Judges and one or more Officials of the local electoral
board and representatives of the political parties as specified in § 24-260
and § 24-261. The ballots or ballot cards may be counted by the use of
tabulating equipment which has been programmed for such count under
the direction of the local electoral board, and the results recorded on tally
sheets printed by said equipment.

After ascertaining the number of votes cast for each person voted
for, and the affirmative and negative votes on any propositions voted on,
including the number of write-in votes, and votes on absentee ballots, if
any, whether the count shall have been made at the polls or at the central
counting station, or partly at each place, the Judges shall set down in the
poll books, next after the certificate of the Judges, the results and infor-
mation required in § 24-265. If tabulating equipment is used, the printed
tally sheets, with the addition of write-in votes and votes on absentee
ballots recorded thereon, may be inserted in the poll books and signed by
the Clerk and Judges in lieu of the type of written returns required by
§ 24-265; and whether so used or not, the tally sheets shall be placed
eve the poll books and ballots and sealed and returned as required by

§ 24-318.7. The type of tabulating equipment and general proce-
dures and programming to be used for counting ballots in any election
shall be subject to the approval of the State Board of Elections, which
Board may employ such experts as it deems necessary to examine, check
and approve the type of tabulating equipment and the general procedures
and programming to be used for the counting of ballots on said tabulat-
ing equipment, as the Board deems necessary. The cost of such examina-
tion, checking and approval shall be paid for by the respective counties,
cities and towns, requesting approval for the use of said tabulating
equipment for the counting of ballots.

§ 24-318.8. All other provisions of this Title of the Code of Virginia
not in conflict with any provision of this Chapter shall be in full force
and effect in the conduct of any general, special or primary election in
any county, city or town where ballot marking devices and tabulating
equipment are used.