A candidate in a primary or an election to office, who was originally declared a winner and subsequently loses as the result of a recount, may file either (i) notice of his intent to contest the result in accordance with § 24.2-803 or 24.2-804 or (ii) a written complaint pursuant to § 24.2-805 or 24.2-806. Such notice or complaint shall be filed within 10 days following the date of the entry of the order of the recount court pursuant to subsection F of § 24.2-802.2.
In the case of a contest pursuant to § 24.2-803 or 24.2-804, the times for filing the answer, petition, and reply and for taking depositions and affidavits shall be set by the Committee on Privileges and Elections of the appropriate house. The Committee may consider the contestant's and contestee's recommendations for the procedural schedule.
This section shall not be applicable to a contest of an election for the President and Vice President of the United States.
1988, c. 714, § 24.1-241.1; 1993, c. 641; 2001, cc. 639, 641; 2003, c. 268; 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