24.2-104 - Requesting assistance for attorney for the Commonwealth; investigative committees.
§ 24.2-104. Requesting assistance for attorney for the Commonwealth;investigative committees.
When the State Board is of the opinion that the public interest will beserved, it may request the Attorney General, or other attorney designated bythe Governor for the purpose, to assist the attorney for the Commonwealth ofany jurisdiction in which election laws have been violated. The AttorneyGeneral, or the other attorney designated by the Governor, shall have fullauthority to do whatever is necessary or appropriate to enforce the electionlaws or prosecute violations thereof. When the State Board makes its requestpursuant to a unanimous vote of all members, the Attorney General or otherattorney designated by the Governor shall exercise the authority granted bythis section to conduct an investigation, prosecute a violation, assure theenforcement of the elections laws, and report the results of theinvestigation to the State Board.
The attorney for the Commonwealth or a member of the electoral board of anycounty or city may make a request, in writing, that the Attorney Generalappoint a committee to make an immediate investigation of the electionpractices in that city or county, accompanied by a statement under oath thatsubstantial violations of this title have allegedly occurred which may alteror have altered the outcome of an election. On receipt of the request andstatement, the Attorney General shall forthwith appoint a committee of two ormore persons qualified to make the investigation. Members, officers, andemployees of the Board, local electoral boards, and registrars' offices shallnot serve on the committee but may provide assistance to the committee.
The Attorney General shall direct the committee to observe, investigate orsupervise the election if supervision appears necessary. The committee shallmake a preliminary report to the Attorney General within five days of itsappointment. If its report shows that violations of this title have occurred,the Attorney General may, notwithstanding any other provision of law,authorize the prosecution of those responsible for the violations.
(Code 1950, § 24-27; 1970, c. 462, § 24.1-21; 1989, c. 111; 1993, c. 641;2002, cc. 785, 819.)