• If a voter returns their absentee ballot then attempts to vote in person at an early voting location, the database and pollbook will show that an absentee ballot has been received.  Therefore, it would not be possible for election staff to check in the voter and allow them to vote.
• If a voter already cast their ballot in person before we receive the voter’s marked absentee ballot, the database will show that the voter had previously voted in person. It will not be possible to record that we received a second ballot. The second ballot will be voided. 
• If the pollbook indicates that a voter at a polling location already voted in person or by absentee ballot, or was mailed an absentee ballot but didn’t bring it with them to surrender, they would only be allowed to vote a provisional ballot.

Provisional ballots are handled, tracked, and counted separately from other ballots. The Electoral Board will determine the eligibility of voters who voted provisionally and the qualifications of those ballots at a closed meeting after the election.  

Anyone attempting to vote more than once in the same election is reported for possible criminal prosecution as a Class 6 felony per Virginia law § 24.2-1004. (There is an exception for overseas and military voters who may submit a special federal ballot in addition to their state ballot.) 

I’ve heard of people receiving more than one absentee ballot. Isn’t this against the law? Can they vote twice?
It is not against the law to be in possession of more than one absentee ballot. This can happen when a replacement ballot is mailed to a voter who lost or did not receive their original one, then the original ballot is found. It is important to note that we have safeguards that allow only one ballot per voter to be checked in on the statewide database for an election, so it is not possible for the voter to have more than one ballot counted. After the first ballot is returned, subsequent returned ballots are voided.

Anyone attempting to vote more than once in the same election is reported for possible criminal prosecution as a Class 6 felony per Virginia law § 24.2-1004. (There is an exception for overseas and military voters who may submit a special federal ballot in addition to their state ballot.) 

How are drop boxes secured? 

• Drop boxes at polling locations are monitored at all times by sworn election officers.
• The outdoor 24/7 drop box at the Fairfax County Government Center is secured by two padlocks behind metal shields and covered by security cameras that are under the authority of the Fairfax County security department.

What backups are in place should something happen to the ballot scanners or ballots?
Each polling location has multiple ballot scanners. Should one scanner become temporarily or permanently inoperable during the day, voting can continue using the other ballot scanners.

If a ballot scanner becomes inoperable and it is not possible to obtain the voting results from this machine, the paper ballots can be re-scanned using a different scanner.  Any re-scanning of ballots is performed in an open process with authorized representatives of political parties or candidates welcomed to observe.

How can you be certain that only ballots issued to voters are scanned by the voting machines?  
An election officer is posted at or near each voting machine while voting is taking place.

During the day and when polls close, the number of voters checked in on the electronic pollbooks is verified against the number of ballots scanned. (The number of ballots scanned is continuously displayed on the voting machine.) These numbers should match. The number of ballots and voters are reported after polls close on official forms that the election officers must sign.

How is the election night paperwork (Statement of Results) checked for completeness and accuracy? 
The day after the election, the Fairfax County Electoral Board meets to ascertain the results. Teams of two people representing the Democratic and Republican parties review the materials from each precinct. Official representatives from political parties and independent candidates on the ballot may observe the process and each team. Virginia Code § 24.2-671

Does Virginia conduct post-election risk-limiting audits?
Yes. Read about them here: Virginia Code §24.2-671.1 Fairfax County participated in the risk-limiting audit of the 2020 general election. Read audit reports here.

How are voting machines certified?
Virginia and the federal government each have their own certification requirements for voting machines. See Virginia Voting System Certification Standard.

What is the process for configuring voting machines for an election?
After maintenance—physical cleaning and software reset—is conducted on the machines, a USB flash drive containing the election configuration file is inserted into each machine. The configuration file enables the machine to read and tally a ballot for only that election, rejecting any others. Each USB flash drive is paired to a specific machine using a bar code system.

How are voting machines tested? 
Each voting machine undergoes a strict, structured testing protocol. It is tested for logic (the ability to scan and read a ballot) and for accuracy (the ability to tabulate correctly). Authorized representatives of parties or candidates are invited to observe voting machine testing. 

Are the voting machines connected to the internet or do they have any wireless capability?
No, the DS200 ballot scanners used in Fairfax County do not have Wi-Fi, Bluetooth, modems, or other wireless connectivity of any kind.
 

How are voting machines secured after the logic and accuracy (L&A) test?
Each voting machine is locked and secured with multiple numbered tamper-proof seals. These seal numbers are recorded on a log that the election officers use on election day to confirm that seals have not been changed before they open and use the voting equipment. The machines are stored securely until they are delivered to the polling locations.

What voting information is on the USB flash drive after voting is complete?
The USB flash drives contain the votes cast, the number of ballots cast, and an image of every ballot scanned by the voting machine.

How are USB flash drives from voting machines in polling places secured after the polls close?
After polls close and the voting machines print results tapes, USB flash drives containing voting results are removed from the voting machines by a pair of election officers. The USB flash drives are secured in a special pouch (assigned specifically to a precinct) with a numbered tamper-proof seal.
Immediately after polls close and the voting machines are secured, two election officers drive the pouches containing the USB flash drives to the Fairfax County Government Center, where election officials receive them.

The USB flash drives are logged in by elections staff, who import the data into a secure election computer to produce results reports.

All USB flash drives are turned over to the Clerk of the Court for secure storage.

The secure election computer that is used to produce results reports from the voting machine USB flash drives —is it connected to the internet?
No. The secure election computer is “air gapped” and never connected to the internet or other computers connected to the internet. 

What happens to voted ballots when polls close?
After polls close on election night, voted and un-voted ballots are boxed separately. Boxes containing voted ballots are labeled to identify precinct and machine number, sealed with tamper-evident tape, then election officer signature seals are applied. Boxes containing un-voted ballots are taped closed, and signature seals are applied. 

Both voted, and un-voted ballots are transported by the chief election officer to a collection site where the clerk of the court receives them. They are immediately loaded onto a truck designated for the Fairfax County Circuit Courthouse and escorted to a secure location by the Sheriff’s Department. Code of Virginia  § 24.2-668.

Boxes of ballots from early voting locations are transported to the Fairfax County Government Center when early voting ends for inventory and secure storage until election night when they are turned over to the clerk of the court.

What is the process for emptying drop boxes and moving ballots to the Office of Elections?

A strict procedure is followed to ensure that the Office of Elections receives every ballot in a drop box.

• Drop boxes at all early voting locations and election day polling places
  • Drop boxes are emptied by two election officials, who must complete and sign a chain-of-custody form. Ballots and the form are placed inside a clear, barcoded TripLok® security bag and the bag is sealed. A receipt is detached from the bag and retained as part of the election materials. 
  • Two election officials pick up the ballot security bags and bring them to the Office of Elections. Chain-of-custody transfer logs are signed at both the pickup location (polling place) and the drop-off location (Office of Elections), with the barcode number on the bag noted on the forms.
  • When the bag is opened, its contents are checked against the chain-of-custody form.
  • The ballots are placed in secure storage and added to ballots received by mail for processing.
• The 24/7 drop box in front of the Fairfax County Government Center 
  • This drop box is emptied 1 to 3 times a day by two election officials wearing identifying vests.
  • Ballots are placed in a hard case, which is locked and secured with a numbered tamper-proof seal. The seal number and names of the retrievers are recorded on a transfer log. 
  • The case is immediately taken to the Office of Elections, where the log is completed by elections officials receiving the ballot envelopes.
  • The ballots are placed in secure storage and added to the ballots received by mail for processing.

How do we know all absentee ballots returned to the Office of Elections are accounted for?

When ballot envelopes are received in the office, either through the mail, drop box, or in person, they are sorted, counted, date- and time-stamped, bundled by date received, and placed in a specifically colored mail tray marked with a tracking ID affixed. The count is recorded on a tracking sheet and a master tracking log.

As the bundle of ballot envelopes moves through the processing operations, the count is checked and recorded at each step. 

Finally, when ballots are scanned, the number of ballots scanned is checked against the tracking sheet included with a batch of ballots. 

How long are voted ballots kept at the courthouse?
Voted ballots for federal elections are retained for two years, and those containing only county, state, and/or town elections are stored for one year. Virginia Code § 24.2-669

Where can I learn more about election security in Virginia?

Learn about the bigger picture of election security measures and protocols from the Virginia Department of Elections.

Where can I read Virginia’s election laws?  

You may read them here.

How do I submit a request for election records under the Virginia Freedom of Information Act (VFOIA)? 

All requests for election records should be submitted through the Fairfax County Office of Public Affairs (OPA). 

In order not to compromise the security of the elections, some records are exempt from release under Virginia Code 24.2-625.1.