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VIRGINIA STATUTES AND CODES
24.2-805 - Contest of elections of electors for President and Vice President or primaries for United States Senate or statewide office.
§ 24.2-805. Contest of elections of electors for President and Vice Presidentor primaries for United States Senate or statewide office.
In an election of electors for the President and Vice President of the UnitedStates, or a primary for the United States Senate or any statewide office,the proceeding to contest shall be in the Circuit Court of the City ofRichmond before a special court composed of the chief judge of such circuitcourt and two circuit court judges of circuits not contiguous to the City ofRichmond appointed by the Chief Justice of the Supreme Court of Virginia, or,in the event of his inability to act, then by the next senior justice, whoshall at the time of appointment set the date for trial.
If the chief judge of the Circuit Court of the City of Richmond is absent,unable to sit in the proceeding, or recuses himself, the clerk of the courtshall at once certify that fact to the Chief Justice. Then the Chief Justiceor the associate justice acting in his stead shall appoint a third judge, whoshall be, if possible, a judge of the Circuit Court of the City of Richmondor an adjoining circuit.
Notwithstanding any provision of this chapter to the contrary: (i) notice ofthe intent to contest an election of electors for the President and VicePresident of the United States shall be filed no later than 5:00 p.m. on thesecond calendar day after the day the State Board certifies the result of theelection under § 24.2-679, but not thereafter; (ii) a copy of the complaintshall be served by the contestant as provided under § 8.01-296 on eachcontestee and within five calendar days after the Board has certified theresults of such election, otherwise the complaint shall not be valid; (iii)the contestee's answer shall be filed within five calendar days after thecomplaint is served on him; (iv) the contest shall not wait upon the resultsof any recount; and (v) the proceedings shall be held promptly and completed,in accordance with the provisions of 3 U.S.C. § 5, at least six days beforethe time fixed for the meeting of the electors.
(Code 1950, § 24-393; 1952, c. 489; 1970, c. 462, § 24.1-238; 1981, c. 570;1993, c. 641; 2003, c. 268.)