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Virginia > Title 24.2 Elections > Recounts And Contested Elections

§ 24.2-812 Proceedings when court decides no valid election has been held

Statute

If the court decides that there has been no valid election of any person, it shall declare the election void and the vacancy shall be filled in conformity with §§ 24.2-226 and 24.2-227.

Code 1950, § 24-438; 1970, c. 462, § 24.1-245; 1993, c. 641 .

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: Frantz v. Davis

Citation: 131 S.E. 784

Year: 1926

Case Summary: Holding that, when it is decided that an election is invalid, the office shall be filled as if there were a vacancy.

Out-of-State Cases

Federal Cases