Recount laws in Virginia

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Each state has its own series of recount laws. The separation of powers clause in the constitution has largely placed the responsibility for conducting on state governments. Here is a summary of the recount laws in Virginia.Note: Before taking any action, or if you have any questions, contact your state election agency.

Virginia voting equipment

Wisconsin Direct Recording Electronic Method in its voting systems and do not require a Voter Verified Paper Audit Trail when conducting elections.

Virginia recount procedures

If the difference between the winning and losing candidates is not more than 1% of the total votes cast for the two candidates, the defeated candidate may appeal for a recount of the vote.[1] The petition for a recount shall be filed within ten days from the day the state board of elections or the electoral board certified the result of the election. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide office and in the circuit court of the county or city in which the candidate being challenged resides in the case of any other office. The petition shall request the court to have the ballots in the election recounted or, in the case of mechanical or direct electronic voting devices, the vote redetermined. The chief judge of the circuit court in which a petition is filed shall promptly notify the Chief Justice of the Supreme Court of Virginia, who shall designate two other judges to sit with the chief judge, and the court shall be constituted and sit in all respects as a court appointed and sitting in cases of a contested election.[2]

Detailed rules govern the selection of recount officials, including the recounting process for different voting systems, and the standards. The recount proceeding is final and not subject to appeal.[3]

Virginia vote contest procedures

There are no state provisions allowing a candidate for office to contest the results of a general election.

References

  1. Virginia Statutes § 24.2-800.
  2. Id. at § 24.2-801.
  3. Id. at§ 24.2-802.

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