A. The provisions of this article apply to all elections held in the Commonwealth.
B. When there is between any candidate apparently nominated or elected and any candidate apparently defeated a difference of not more than one percent of the total vote cast for the two such candidates as determined by the State Board or the electoral board, the defeated candidate may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article. When there is between any write-in candidate apparently nominated or elected and any candidate apparently defeated, or between any candidate apparently nominated or elected and any write-in candidate apparently defeated, a difference of not more than five percent of the total vote cast for the two such candidates as determined by the State Board or the electoral board, the defeated candidate may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article. In an election of electors for the President and Vice President of the United States, the presidential candidate shall represent the vice presidential candidate and slate of electors and be the party to the recount for purposes of this article.
C. When there is between the vote for a question and the vote against a question a difference of not more than 50 votes or one percent of the total vote cast for and against the question as determined by the State Board or the electoral board, whichever is greater, 50 or more voters qualified to vote on the question, by signing and filing their petition, may appeal from the determination of the State Board or the electoral board for a recount of the vote as set forth in this article.
1979, c. 293, § 24.1-249; 1981, c. 570; 1993, c. 641; 2009, c. 386; 2019, c. 382; 2020, c. 886.
Structure Code of Virginia
Chapter 8 - Recounts and Contested Elections
§ 24.2-800. Recounts in all elections
§ 24.2-801. Petition for recount; recount court
§ 24.2-801.1. Petition for recount of election for presidential electors; recount court
§ 24.2-802.2. General recount procedures
§ 24.2-802.3. Costs of the recount
§ 24.2-803. Contest of election to General Assembly
§ 24.2-804. Contest of elections of Governor, Lieutenant Governor, and Attorney General
§ 24.2-806. Contest of other primaries and elections
§ 24.2-807. Contest only on complaint of unsuccessful party; contents of complaint
§ 24.2-808. Time of filing and service of complaint; enlargement or amendment of complaint
§ 24.2-809. Filing answer; contents; enlargement or amendment of answer
§ 24.2-810. Taking depositions and deciding contests
§ 24.2-811. Costs and issuance of certificate of election
§ 24.2-812. Proceedings when court decides no valid election has been held