The canvass is the official tally of votes for the election, with the purpose of accounting for every ballot cast and ensuring that every valid ballot is included in election totals. It starts at the local level with a meeting of the Electoral Board and General Registrar, and then there is a statewide certification process conducted by the State Board of Elections.
Electoral Boards must meet by 5:00 PM the day after the election (Wednesday, November 8) to determine the vote count and totals from all of the precincts, for each candidate in that locality. Va. Code Ann. § 24.2-671. There is little discretion that the Electoral Board can exert because this meeting is largely pro forma; however, at least two members of the Electoral Board must be present to constitute a quorum. Va. Code Ann. § 24.2-107. Thus, to the extent that at least two members of the three-person Electoral Board fail to appear, there will not be a quorum to conduct the canvass, thereby introducing some potential flexibility in the process.
Often, this meeting starts by 9:00 AM, with a short break for the first session of the provisional ballot meeting. “PW Interview.” The Board can adjourn after starting their meeting before completing the canvass as needed, but not beyond seven calendar days from Election Day (Tuesday, November 14 in this case). [1]
Observers Each political party can have as many observers as there are teams of election officials working on the canvass. Va. Code Ann. § 24.2-671.
Reviewing the Statements of Votes Members of the Electoral Board review the statements of votes that were prepared by the officers of election, and consolidate the results from all of the precincts. ”Preparing Canvass” at 9. In some cases, parts of this review are delegated to teams of two people (one Democrat and one Republican) supervised by the Board. “GREB Ch 14” at 9. This structure tends to be used in larger jurisdictions. “PW Interview.” Whereas in smaller jurisdictions, the Electoral Board itself is more likely to directly review all of the statements of votes and materials. “PW Interview.” They must ensure that all voting systems and all tapes from those machines are accounted for in the results. “Preparing Canvass” at 9. The document produced from this process is called the “Abstract of Votes.”
Certifying the Results The Electoral Board then prepares and certifies three copies of the Abstract of Votes showing the official vote totals for their locality. “GREB Ch 14” at 14. The deadline is typically seven days after the election because the canvass meeting, at which the results are certified, cannot be adjourned more than seven days after Election Day (making the deadline November 14) unless an extension has been granted for the Electoral Board to conduct a risk-limiting audit. Va. Code Ann. § 24.2-671.
Each copy of the abstract must be signed by the Electoral Board and attested to by the Secretary of the Electoral Board. Va. Code Ann. § 24.2-675. One copy of that abstract must then be immediately mailed, sent electronically, or hand-delivered to the State Board of Elections. Va. Code Ann. § 24.2-675.
The Board also prepares and certifies a write-in certification if write-in votes account for more than 10 percent of the total vote count. “Preparing Canvass” at 12.
Issuing Certificates The Secretary of the Electoral Board issues certificates of election for county, city, town, and district offices entirely contained within the jurisdiction (city or county) of that Electoral Board. ****Va. Code § 24.2-676.
The State Board of Elections must review the results of the local canvass and prepare a statement of results to certify races for General Assembly, statewide, federal, and any other races that cross county or city lines. Va. Code § 24.2-679.
In a general election, the State Board of Elections must meet by the first Monday in December (in this case, December 4). Va. Code Ann. § 24.2-679(A). Whereas, in the case of a special election, the State Board of Elections meets as soon as it has received abstracts from all of the counties or cities within the jurisdiction of the special election. Va. Code Ann. § 24.2-679(B). If the abstracts have not all been received within seven days after the election, the State Board will meet anyway and adjourn from day to day until received. Va. Code Ann. § 24.2-679(B).
Examining and Certifying the Results The State Board of Elections will examine all abstracts. Va. Code Ann. § 24.2-679(A). The State Board of Elections may require the applicable City or County Electoral Board to make corrections to their abstracts where necessary before finalizing their statement and certifying the winner. Va. Code Ann. § 24.2-675. If a locality is required to change the Abstract of Votes, an explanation for why the change was made will be posted to the website for the State Board of Elections. Va. Code Ann. § 24.2-671. The State Board then makes a statement of votes for all elections conducted, showing the total votes for each candidate. Va. Code Ann. § 24.2-679(A).
The State Board members certify that the statement is correct and sign it. Va. Code Ann. § 24.2-679(A). They then determine, based on that statement, who has the most votes in the district and certify that candidate as the winner. Va. Code Ann. § 24.2-679(A).
Issuing Certificates The State Board of Elections issues certificates of election to the winning candidates for races it has canvassed. Va. Code Ann. § 24.2-680.
For members of the General Assembly, the State Board of Elections forwards copies of the certificate to the Clerk of the House of Delegates or Senate as appropriate. Va. Code Ann. § 24.2-680.
For members of Congress, the State Board forwards the certificate(s) to the clerk of the appropriate U.S. chamber. Va. Code Ann. § 24.2-680.