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virginia > Title 24.2 Elections > Recounts And Contested Elections

§ 24.2-808 Time of filing and service of complaint; enlargement or amendment of complaint

Overview of Statute

This section provides for the timing of filing and service of complaint. It also prohibits enlargement or amendment of the complaint save by leave of court.

Statute

The contestant shall file his complaint in the clerk’s office of the circuit court within thirty days following the date of the election in the case of a general election, and within ten days following the date of the election in case of a primary election or special election held on a date other than that of a general election. A copy of the complaint shall be served by the contestant as provided under § 8.01-296 on each contestee; otherwise the complaint shall not be valid.

No enlargement or amendment of the complaint, except as to form, shall be permitted save by leave of court as provided in Rule 1:8 of the Rules of the Supreme Court of Virginia.

Code 1950, § 24-434; 1952, c. 489; 1970, c. 462, § 24.1-241; 1981, c. 570; 1993, c. 641 .

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 [Primary election]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

Definition [Special election]

Any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.

Definition [Primary]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

Definition [Election]

A general, primary, or special election.

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