State Board picks ballot‑polling for 2025 post‑election risk‑limiting audit; sets 10% risk limit

The Virginia State Board of Elections voted 3–2 on its September agenda to use the ballot‑polling method for the post‑election risk‑limiting audit (RLA) that will follow the November general election and set the audit’s risk limit at 10%. The board said it will select which single House of Delegates race will be audited by random drawing at its November 17 meeting.

The decision matters because state law requires the board to choose the audit method and because the board’s choice determines how many ballots will be inspected and by what process after results are certified. Department of Elections staff told the board the statutory requirement this year is to audit one House of Delegates contest that is decided by more than 1 percentage point.

In public comment before the vote, speakers urged both methods. Joanne Steven, an electoral‑board member who spoke for herself, said the batch‑comparison approach can be “more costly in money, time, and resources” and noted that different counting rules for undervotes can cause public confusion. Shelly Oberlander, an electoral‑board member from Loudoun County speaking for herself, urged support for batch comparison, saying Loudoun’s audits produced 99% and 97% agreement in prior rounds and that the method “increases voter confidence.”

Michael Thomas, a consultant representing some voting equipment vendors, urged the board to allow maintenance exceptions for systems currently certified so localities and manufacturers can implement required changes without having to be judged against an entirely new federal standard. Department of Elections staff told the board that no currently certified system will be decertified immediately and that the department expects a migration period and hybrid environments while jurisdictions transition.

The formal motions recorded in the meeting papers and taken on the floor were: - Motion to adopt ballot‑polling as the RLA method (passed 3–2). Chairman O’Bannon voted no; Vice Chair Danz, Dr. Stolle and Mr. Peterson voted yes; Secretary Elvis Long voted no. - Motion to set the RLA risk limit at 10 percent (carried by roll call; board recorded affirmative votes).

Department staff said the random drawing to select the single audited House of Delegates race will occur at the board’s November 17 meeting. Staff recommended the 10% risk limit based on prior practice and the department’s RLA manual.