The contestant shall file his complaint in the clerk's office of the circuit court within 30 days following the date of the election in the case of a general election, and within 10 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. For a contest conducted pursuant to § 24.2-806, the copy of the complaint shall be served by the contestant on each contestee within 30 days following the date of the election in the case of a general election and within 10 days following the date of the election in the case of a primary or special election held on a date other than that of a general election.
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 Supreme Court of Virginia.
Code 1950, § 24-434; 1952, c. 489; 1970, c. 462, § 24.1-241; 1981, c. 570; 1993, c. 641; 2016, cc. 14, 490.
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