Virginia Code 24.2-814: Contest following recount.
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.
Terms Used In Virginia Code 24.2-814
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Candidate: means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. See Virginia Code 24.2-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Election: means a general, primary, or special election. See Virginia Code 24.2-101
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
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.