{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-801.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-801.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-801.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-801.1.html"}],"law_id":69620,"edition_id":1,"section_id":69620,"structure_id":14742,"section_number":"24.2-801.1","catch_line":"Petition for recount of election for presidential electors; recount court","history":"2003, c. 268; 2014, cc. 540, 576; 2016, c. 464; 2020, c. 886.","full_text":"A\n\nThe petition for a recount of an election for presidential electors shall be filed no later than 5:00 p.m. on the second calendar day after the day the State Board certifies the result of the election under § 24.2-679, but not thereafter. Presidential candidates who anticipate the possibility of asking for a recount are encouraged to so notify the State Board by letter as soon as possible after election day. The petition shall be filed in the Circuit Court of the City of Richmond. If any presidential candidate is eligible to seek a recount of the results of the election for presidential electors under § 24.2-800 the State Board shall, within 24 hours of the certification of the results, notify the Circuit Court of the City of Richmond and the Supreme Court of Virginia (i) that a recount is possible, (ii) which presidential candidate is eligible to seek a recount, and (iii) of the date the results were certified. The Circuit Court of the City of Richmond shall make arrangements to receive any such filing if the office would normally be closed the entire day, or prior to 5:00 p.m., on the second calendar day after the day the State Board certified the result of the election.B\n\nThe petition shall set forth the results certified by the State Board and shall request the court to have the ballots in the election recounted.C\n\nA copy of the petition shall be served on the presidential candidate whose electors were apparently elected as provided under § 8.01-296 and within five calendar days after the State Board has certified the results of such election.D\n\nAs soon as a petition is filed, the chief judge of the Circuit Court shall promptly notify the Chief Justice of the Supreme Court of Virginia, who shall designate two other judges to sit with the chief judge, and the court shall be constituted and sit in all respects as a court appointed and sitting under § 24.2-805.E\n\nAny recount of an election for presidential electors shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. § 5, at least six days before the time fixed for the meeting of the electors.","order_by":null,"text":{"0":{"id":251692,"text":"The petition for a recount of an election for presidential electors shall be filed no later than 5:00 p.m. on the second calendar day after the day the State Board certifies the result of the election under § 24.2-679, but not thereafter. Presidential candidates who anticipate the possibility of asking for a recount are encouraged to so notify the State Board by letter as soon as possible after election day. The petition shall be filed in the Circuit Court of the City of Richmond. If any presidential candidate is eligible to seek a recount of the results of the election for presidential electors under § 24.2-800 the State Board shall, within 24 hours of the certification of the results, notify the Circuit Court of the City of Richmond and the Supreme Court of Virginia (i) that a recount is possible, (ii) which presidential candidate is eligible to seek a recount, and (iii) of the date the results were certified. The Circuit Court of the City of Richmond shall make arrangements to receive any such filing if the office would normally be closed the entire day, or prior to 5:00 p.m., on the second calendar day after the day the State Board certified the result of the election.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251693,"text":"The petition shall set forth the results certified by the State Board and shall request the court to have the ballots in the election recounted.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":251694,"text":"A copy of the petition shall be served on the presidential candidate whose electors were apparently elected as provided under § 8.01-296 and within five calendar days after the State Board has certified the results of such election.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":251695,"text":"As soon as a petition is filed, the chief judge of the Circuit Court shall promptly notify the Chief Justice of the Supreme Court of Virginia, who shall designate two other judges to sit with the chief judge, and the court shall be constituted and sit in all respects as a court appointed and sitting under § 24.2-805.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":251696,"text":"Any recount of an election for presidential electors shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. § 5, at least six days before the time fixed for the meeting of the electors.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14742,"edition_id":1,"name":"Recounts","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14447,"metadata":{},"date_created":"2026-06-26 03:49:40","date_modified":"2026-06-26 03:49:40","permalink":{"id":188955,"object_type":"structure","relational_id":14742,"identifier":"1","token":"24.2\/8\/1","url":"\/24.2\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14447,"edition_id":1,"name":"Recounts and Contested Elections","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":188953,"object_type":"structure","relational_id":14447,"identifier":"8","token":"24.2\/8","url":"\/24.2\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81202,"structure_id":14742,"section_number":"24.2-800","catch_line":"Recounts in all elections","url":"\/24.2-800\/","token":"24.2\/8\/1\/24.2-800","metadata":{"court_decisions":{"0":{"name":"Waldrop v. Commonwealth","case_number":"Record 970160","citation":"495 S.E.2d 822","date":"1998-01-09","url":"https:\/\/www.courtlistener.com\/opinion\/1059948\/waldrop-v-commonwealth\/","abstract":" .\u202f.\u202f. 495 S.E.2d 822 (1998) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":56470,"structure_id":14742,"section_number":"24.2-801","catch_line":"Petition for recount; recount court","url":"\/24.2-801\/","token":"24.2\/8\/1\/24.2-801","metadata":false},{"id":69620,"structure_id":14742,"section_number":"24.2-801.1","catch_line":"Petition for recount of election for presidential electors; recount court","url":"\/24.2-801.1\/","token":"24.2\/8\/1\/24.2-801.1","metadata":false},{"id":68167,"structure_id":14742,"section_number":"24.2-802","catch_line":"Recount standards","url":"\/24.2-802\/","token":"24.2\/8\/1\/24.2-802","metadata":false},{"id":60616,"structure_id":14742,"section_number":"24.2-802.1","catch_line":"Preliminary hearing; court to fix procedure for recount, appoint officers, and supervise the recount","url":"\/24.2-802.1\/","token":"24.2\/8\/1\/24.2-802.1","metadata":false},{"id":62925,"structure_id":14742,"section_number":"24.2-802.2","catch_line":"General recount procedures","url":"\/24.2-802.2\/","token":"24.2\/8\/1\/24.2-802.2","metadata":false},{"id":62691,"structure_id":14742,"section_number":"24.2-802.3","catch_line":"Costs of the recount","url":"\/24.2-802.3\/","token":"24.2\/8\/1\/24.2-802.3","metadata":false}],"previous_section":{"id":56470,"structure_id":14742,"section_number":"24.2-801","catch_line":"Petition for recount; recount court","url":"\/24.2-801\/","token":"24.2\/8\/1\/24.2-801","metadata":false},"next_section":{"id":68167,"structure_id":14742,"section_number":"24.2-802","catch_line":"Recount standards","url":"\/24.2-802\/","token":"24.2\/8\/1\/24.2-802","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-801.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 268<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapters 540<\/a> and 576<\/a>; in 2016, chapter 464<\/a>; in 2020, chapter 886<\/a>.<\/p>","references":[{"id":60616,"section_number":"24.2-802.1","catch_line":"Preliminary hearing; court to fix procedure for recount, appoint officers, and supervise the recount","order_by":null,"url":"\/24.2-802.1\/"}],"refers_to":[{"id":81617,"section_number":"24.2-679","catch_line":"State Board to meet and make statement as to number of votes","order_by":null,"url":"\/24.2-679\/"},{"id":81202,"section_number":"24.2-800","catch_line":"Recounts in all elections","order_by":null,"url":"\/24.2-800\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":188965,"object_type":"law","relational_id":69620,"identifier":"24.2-801.1","token":"24.2\/8\/1\/24.2-801.1","url":"\/24.2-801.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-801.1\/","token":"24.2\/8\/1\/24.2-801.1","dublin_core":{"Title":"Petition for recount of election for presidential electors; recount court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-801.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The petition<\/span> for a recount of an election<\/span> for presidential electors shall be filed no later than 5:00 p.m. on the second calendar day after the day the State Board<\/span> certifies the result of the election<\/span> under § 24.2-679<\/a>, but not thereafter. Presidential candidates<\/span> who anticipate the possibility of asking for a recount are encouraged to so notify the State Board<\/span> by letter as soon as possible after election<\/span> day. The petition<\/span> shall be filed in the Circuit<\/span> Court<\/span> of the City of Richmond. If any presidential candidate<\/span> is eligible to seek a recount of the results of the election<\/span> for presidential electors under § 24.2-800<\/a> the State Board<\/span> shall, within 24 hours of the certification of the results, notify the Circuit<\/span> Court<\/span> of the City of Richmond and the Supreme Court<\/span> of Virginia (i) that a recount is possible, (ii) which presidential candidate<\/span> is eligible to seek a recount, and (iii) of the date the results were certified. The Circuit<\/span> Court<\/span> of the City of Richmond shall make arrangements to receive any such filing if the office would normally be closed the entire day, or prior to 5:00 p.m., on the second calendar day after the day the State Board<\/span> certified the result of the election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> shall set forth the results certified by the State Board<\/span> and shall request the court<\/span> to have the ballots in the election<\/span> recounted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A copy of the petition<\/span> shall be served on the presidential candidate<\/span> whose electors were apparently elected as provided under § 8.01-296<\/a> and within five calendar days after the State Board<\/span> has certified the results of such election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As soon as a petition<\/span> is filed, the chief judge<\/span> of the Circuit<\/span> Court<\/span> shall promptly notify the Chief Justice of the Supreme Court<\/span> of Virginia, who shall designate two other judges<\/span> to sit with the chief judge<\/span>, and the court<\/span> shall be constituted and sit in all respects as a court<\/span> appointed and sitting under § 24.2-805<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any recount of an election<\/span> for presidential electors shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. § 5, at least six days before the time fixed for the meeting of the electors. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR RECOUNT OF ELECTION FOR PRESIDENTIAL ELECTORS; RECOUNT COURT (\u00a7\n24.2-801.1)\n\nA. The petition for a recount of an election for presidential electors shall be\nfiled no later than 5:00 p.m. on the second calendar day after the day the State\nBoard certifies the result of the election under § 24.2-679, but not\nthereafter. Presidential candidates who anticipate the possibility of asking for\na recount are encouraged to so notify the State Board by letter as soon as\npossible after election day. The petition shall be filed in the Circuit Court of\nthe City of Richmond. If any presidential candidate is eligible to seek a\nrecount of the results of the election for presidential electors under §\n24.2-800 the State Board shall, within 24 hours of the certification of the\nresults, notify the Circuit Court of the City of Richmond and the Supreme Court\nof Virginia (i) that a recount is possible, (ii) which presidential candidate is\neligible to seek a recount, and (iii) of the date the results were certified.\nThe Circuit Court of the City of Richmond shall make arrangements to receive any\nsuch filing if the office would normally be closed the entire day, or prior to\n5:00 p.m., on the second calendar day after the day the State Board certified\nthe result of the election.\n\nB. The petition shall set forth the results certified by the State Board and\nshall request the court to have the ballots in the election recounted.\n\nC. A copy of the petition shall be served on the presidential candidate whose\nelectors were apparently elected as provided under § 8.01-296 and within\nfive calendar days after the State Board has certified the results of such\nelection.\n\nD. As soon as a petition is filed, the chief judge of the Circuit Court shall\npromptly notify the Chief Justice of the Supreme Court of Virginia, who shall\ndesignate two other judges to sit with the chief judge, and the court shall be\nconstituted and sit in all respects as a court appointed and sitting under\n§ 24.2-805.\n\nE. Any recount of an election for presidential electors shall be held promptly\nand completed, in accordance with the provisions of 3 U.S.C. § 5, at least\nsix days before the time fixed for the meeting of the electors.\n\nHISTORY: 2003, c. 268; 2014, cc. 540, 576; 2016, c. 464; 2020, c. 886.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}