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Virginia > Title 24.2 Elections > The Election

§ 24.2-676 Secretary to make out and deliver certificate of election

Overview of Statute

This section requires the Secretary to make out and deliver certificates of election to persons elected.

Statute

Immediately after the electoral board has determined the election results, the secretary shall make out certificates of election for each county, city, town, or district office other than an office shared by more than one county or city, or any combination thereof. The secretary shall make out the certificate for each of the persons who has the highest number of votes for the office, who has sufficient votes to be elected to a multi-member office, or, in case of a tie, who has been decided by lot to be elected. The secretary, or another board member or registrar designated by the secretary, shall deliver in person or the secretary shall transmit by certified mail the certificate to the person elected, as soon as such person has complied with the provisions of § 24.2-948.2.

Code 1950, § 24-282; 1970, c. 462, § 24.1-151; 1972, c. 620; 1975, c. 515; 1980, c. 639; 1983, c. 264; 1993, c. 641; 2006, cc. 787, 892.

Definition [Electoral board]

A board appointed pursuant to § 24.2-106 to administer elections for a county or city. The electoral board of the county in which a town or the greater part of a town is located shall administer the town’s elections.

See § 24.2-101.

Definition [Board]

The State Board of Elections.

See § 24.2-101.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

See § 24.2-945.1.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Cases

virginia Cases

Case Name: McKinney v. Peers

Citation: 22 S.E. 506

Year: 1895

Case URL: https://casetext.com/case/mckinney-v-peers

Case Summary: Holding that the duties of the Board cease when the result of the election has been ascertained, signed by the commissioners, attested by the clerk, and annexed to an abstract of the votes cast. Holding that it is the duty of the secretary to make out a certificate of election and that upon the secretary’s failure to do so, a writ of mandamus will be awarded to make him do so.

Case Name: Gregory v. Hubard

Citation: 96 S.E. 775

Year: 1918

Case PDF: Gregory v. Hubard

Case Summary: Holding that it is the duty of the secretary to make out a certificate of election and that upon the secretary’s failure to do so, a writ of mandamus will be awarded to make him do so. Holding that petitioners’ request for mandamus will be refused when those petitioners, who were members of a town council, had already qualified as members of the council.

Out-of-State Cases

Federal Cases