24.2-801 - Petition for recount; recount court. - Virginia Statutes

§ 24.2-801. Petition for recount; recount court.

The petition for a recount of an election, other than an election forpresidential electors, shall be filed within 10 days from the day the StateBoard or the electoral board certifies the result of the election under §24.2-679 or § 24.2-671, but not thereafter. The petition shall be filed inthe Circuit Court of the City of Richmond in the case of any statewide officeand in the circuit court of the county or city in which the candidate beingchallenged resides in the case of any other office. The petition shall befiled in the Circuit Court of the City of Richmond in the case of anystatewide referendum and in the circuit court of any county or citycomprising a part of the election district in the case of any otherreferendum.

The petition shall set forth the results certified by the Board or electoralboard and shall request the court to have the ballots in the electionrecounted or, in the case of mechanical or direct electronic voting devices,the vote redetermined.

In an election for office, a copy of the petition shall be served on thecandidate apparently nominated or elected as provided under § 8.01-296 andwithin 10 days after the Board or electoral board has certified the resultsof such election. In a referendum, a copy of the petition shall be so servedon the governing body or chief executive officer of the jurisdiction in whichthe election was held.

The chief judge of the circuit court in which a petition is filed shallpromptly notify the Chief Justice of the Supreme Court of Virginia, who shalldesignate two other judges to sit with the chief judge, and the court shallbe constituted and sit in all respects as a court appointed and sitting under§§ 24.2-805 and 24.2-806.

(1979, c. 293, § 24.1-249; 1981, c. 570; 1993, c. 641; 2003, c. 268.)