24.2-806 - Contest of other primaries and elections. - Virginia Statutes

§ 24.2-806. Contest of other primaries and elections.

In a primary for the United States House of Representatives, the VirginiaSenate, the House of Delegates, or any county, city, town, or districtoffice, or an election to any county, city, town, or district office, theproceeding to contest shall be in the circuit court of the county or city inwhich the challenged candidate resides. The proceeding shall be before aspecial court composed of the chief judge of such circuit court and twocircuit court judges of circuits remote from the county or city in which suchcandidate resides, appointed by the Chief Justice of the Supreme Court ofVirginia, or, in the event of his inability to act, then by the next seniorjustice, who shall at the time of appointment set the date for trial.

If the chief judge of the circuit court of the city or county in which thecandidate resides is absent, unable to sit in the proceeding, or recuseshimself, the clerk of the court shall at once certify that fact to the ChiefJustice. Then the Chief Justice or the associate justice acting in his steadshall appoint a third judge, who shall be, if possible, a judge of the sameor an adjoining circuit.

(Code 1950, § 24-394; 1952, c. 489; 1970, c. 462, § 24.1-239; 1981, c. 570;1987, c. 341; 1993, c. 641.)