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virginia > Title 24.2 Elections > Recounts And Contested Elections

§ 24.2-804 Contest of elections of Governor, Lieutenant Governor, and Attorney General

Overview of Statute

This section provides for contest of elections of Governor, Lieutenant Governor, and Attorney General.

Statute

In any election for Governor, Lieutenant Governor, or Attorney General, notice of the intent to contest the election shall be filed with the Clerk of the House of Delegates as prescribed in § 24.2-803. The provisions of § 24.2-803 shall govern standing, notice of intent to contest, answers, service of process, evidence, the petition, procedures, relief, and assessed costs except (i) that in a contest of an election held at the November general election the petition shall be filed within two days following the commencement of a special session of the General Assembly called for the purpose of hearing the contest or of the next regular session of the General Assembly, whichever first occurs, and (ii) that the final determination shall be made by the General Assembly, both houses sitting in joint session in the hall of the House of Delegates, with the Speaker of the House of Delegates presiding.

At the time of filing the notice, the contestant shall post a bond with surety with the Clerk of the House of Delegates in the amount of $10 per precinct in the Commonwealth. If the contestant wins the contest, the bond shall not be forfeited. If the contestant loses the contest, the bond shall be forfeited and costs assessed as provided in subsections B and H of § 24.2-803.

Code 1950, §§ 24-427 through 24-429; 1970, c. 462, § 24.1-237; 1981, c. 570; 1993, c. 641; 2006, c. 292.

Annotation: 02/21/2016 7:51 pm

2005 recount of Attorney General election disclosed human errors and a difference in votes of about 360. Final Report of the Joint Subcommittee Studying the Certification, Performance and Deployment of Voting Equipment 17 (House Doc. No. 34) (Jean Jensen).

Definition [General election]

An election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.

Definition [Election]

A general, primary, or special election.

Definition [Precinct]

The territory designated by the governing body of a county, city, or town to be served by one polling place.

State Constitutional Provisions