The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Board" means the Virginia State Board of Elections.
"Secretary" means the Secretary of the State Board of Elections.
"Commissioner" means the Commissioner of Elections. Unless the context requires otherwise, all references to the secretary in forms, regulations, and guidance documents prepared before July 1, 2014, shall include the commissioner.
1VAC20-20-30. Organization of State Board of Elections; seal.
A. The board shall have a chairman and a vice-chairman of the
board, in addition to the ex-officio secretary. The chairman shall preside at
all meetings and perform the usual functions of a presiding officer and such
other duties as are imposed by these regulations or from time to time by the
board. In the chairman's absence, the vice-chairman shall perform these
functions and duties. Each member
, except the secretary, shall receive a
per diem and expenses for attendance. Expenses shall be reported on forms
approved by the Department of Accounts. The secretary is authorized to sign the
vouchers for the payment of such expenses. B. The secretary shall be authorized and it shall be the
secretary's duty to employ such assistants and to purchase such equipment and
supplies as are necessary from time to time, subject to the provisions of the
law creating the board and the provisions of the laws and rules relating to the
budgetary and personnel systems. The secretary or secretary's designee is
authorized to execute necessary vouchers for the payment of the salaries of
such assistants and for equipment and supplies so secured. C. B. The secretary commissioner
is authorized and directed to perform all duties of a routine and
administrative character imposed upon the board by the law creating the same
and other such duties delegated to the secretary commissioner by
the board. D. C. The secretary commissioner is
authorized to do all things necessary to the proper execution of the law
creating and governing the board and in the performance of the duties imposed
upon it insofar as the same are not from their nature such as can be performed
only by the board in its corporate capacity. E. D. The secretary commissioner
is authorized and directed to consult with and obtain the advice of the
Attorney General, on behalf of and in the name of the board, whenever in the secretary's
commissioner's judgment occasion arises. F. E. Routine and informal action of the board
or of the secretary commissioner within the scope of the secretary's
commissioner's authority may be evidenced merely by the signature of the
secretary commissioner. G. F. Two members of the board shall constitute
a quorum for the transaction of business at any duly constituted meeting. H. G. Notice of each meeting of the board shall
be given to all board members either by the secretary or the member calling the
meeting at least three business days prior to the meeting except in the case of
an emergency as defined in § 2.2-3701 of the Code of Virginia. Notice
shall be given to the public as required by § 2.2-3707 of the Code of
Virginia. All meetings shall be conducted in accordance with the requirements
of the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code
of Virginia). All meetings shall be open to the public unless the board goes
into a closed meeting pursuant to § 2.2-3711 of the Code of Virginia. I. H. A record of formal official and definitive
actions of the board shall be preserved in a record book which may be bound or
loose leaf. J. I. The secretary shall keep the seal of the
board and affix the seal to evidence formal action of the board.
1VAC20-20-60. Delegations to
Secretary of State Board Commissioner
A. In addition to the authority described in 1VAC20-20-30, the
secretary commissioner has the delegations of authority to the
secretary detailed in the board's minutes of December 2, 2004, as amended
September 14, 2010 Virginia State Board of Elections: Delegated Duties
and Responsibilities, undated, and Addendum to Board Policy 2004-007a - Delegation
of Board Authority, August 16, 2011. Board staff (i) may update that
listing to correct citations and (ii) shall post the list to the Internet in
order that additional delegations or other modifications may be proposed to the
board by any interested person.
secretary commissioner is authorized to
prescribe the paper ballot reconciliation form under § 24.2-666 of the Code
of Virginia and to develop, maintain, and prepare instructions for the
operation of poll equipment before, during, and after the closing of the polls
and in preparation of the statements of results.
secretary commissioner shall monitor and
control the quality and cost of the copies of Title 24.2 of the Code of
Virginia and other election materials that the board provides to electoral
boards for use at each precinct.
D. Subject to the board's policy oversight, the
commissioner has authority to conduct the board's administrative and
programmatic operations and to discharge the board's duties consistent with
specific delegations of authority.
secretary commissioner is authorized to
establish and maintain a central repository of forms and instructions approved
for use in conducting elections. The forms and instructions shall be organized
following a standard naming convention consisting of name taken from the first
descriptive line, a statutory or other authority identifier, and revision date.
DOCUMENTS INCORPORATED BY REFERENCE (1VAC20-20)
Security Requirements for Cryptographic Modules, FIPS PUB 140-2, issued May 25, 2001, including change notices through December 3, 2002, National Institute of Standards and Technology, U.S. Department of Commerce