§ 24.2-810 Taking depositions and deciding contests
Overview of Statute
Parties are authorized to take depositions to sustain or invalidate the election. The court shall judge a contest on the merits thereof and not in front of a jury.
After service of a copy of the complaint and after reasonable notice to the other party or parties, any party shall be authorized to take depositions to sustain or invalidate the election. The proceedings shall take precedence over all other business of the court or of any of the judges and shall be heard and determined as soon as possible. The contest shall be heard and determined without a jury, on the testimony thus taken and on any other legal testimony that may be adduced by any party. In judging the contest, the court shall proceed on the merits thereof and decide the same according to the Constitution and statutes of the Commonwealth.
Code 1950, § 24-436; 1952, c. 489; 1970, c. 462, § 24.1-243; 1981, c. 570; 1993, c. 641 .
1. Definition for Party
An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.
2. Definition for Election
A general, primary, or special election.
Case Name: Penick v. Ratcliffe
Citation: 140 S.E. 664
Case Summary: Holding that a proceeding to contest a primary election is based upon statute and that the contest shall be heard upon the merits.