{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-801.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-801.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-801.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-801.html"}],"law_id":56470,"edition_id":1,"section_id":56470,"structure_id":14742,"section_number":"24.2-801","catch_line":"Petition for recount; recount court","history":"1979, c. 293, \u00a7 24.1-249; 1981, c. 570; 1993, c. 641; 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, other than an election for presidential electors, shall be filed within 10 days from the day the State Board or the electoral board certifies the result of the election under § 24.2-679 or 24.2-671, but not thereafter. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide office and in the circuit court of the county or city in which the candidate being challenged resides in the case of any other office. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide referendum and in the circuit court of any county or city comprising a part of the election district in the case of any other referendum.B\n\nThe petition shall set forth the results certified by the State Board or electoral board and shall request the court to have the ballots in the election recounted.C\n\nIn an election for office, a copy of the petition shall be served on the candidate apparently nominated or elected as provided under § 8.01-296 and within 10 days after the State Board or electoral board has certified the results of such election. In a referendum, a copy of the petition shall be so served on the governing body or chief executive officer of the jurisdiction in which the election was held.D\n\nThe chief judge of the circuit court in which a petition is filed 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 and 24.2-806.","order_by":null,"text":{"0":{"id":206738,"text":"The petition for a recount of an election, other than an election for presidential electors, shall be filed within 10 days from the day the State Board or the electoral board certifies the result of the election under § 24.2-679 or 24.2-671, but not thereafter. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide office and in the circuit court of the county or city in which the candidate being challenged resides in the case of any other office. The petition shall be filed in the Circuit Court of the City of Richmond in the case of any statewide referendum and in the circuit court of any county or city comprising a part of the election district in the case of any other referendum.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206739,"text":"The petition shall set forth the results certified by the State Board or electoral 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":206740,"text":"In an election for office, a copy of the petition shall be served on the candidate apparently nominated or elected as provided under § 8.01-296 and within 10 days after the State Board or electoral board has certified the results of such election. In a referendum, a copy of the petition shall be so served on the governing body or chief executive officer of the jurisdiction in which the election was held.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206741,"text":"The chief judge of the circuit court in which a petition is filed 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 and 24.2-806.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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>"}}}},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-801\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 293 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. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1981, chapter 570; in 1993, chapter 641; in 2003, chapter 268<\/a>; 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":63223,"section_number":"24.2-671","catch_line":"Electoral board to meet and ascertain results; conclusiveness of results","order_by":null,"url":"\/24.2-671\/"},{"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":80204,"section_number":"24.2-805","catch_line":"Contest of elections of electors for President and Vice President or primaries for United States Senate or statewide office","order_by":null,"url":"\/24.2-805\/"},{"id":56547,"section_number":"24.2-806","catch_line":"Contest of other primaries and elections","order_by":null,"url":"\/24.2-806\/"},{"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":188961,"object_type":"law","relational_id":56470,"identifier":"24.2-801","token":"24.2\/8\/1\/24.2-801","url":"\/24.2-801\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-801\/","token":"24.2\/8\/1\/24.2-801","dublin_core":{"Title":"Petition for recount; recount court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-801","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The petition<\/span> for a recount of an election, other than an election for presidential electors, shall be filed within 10 days from the day the State Board<\/span> or the electoral board<\/span> certifies the result of the election under § 24.2-679<\/a> or 24.2-671<\/a>, but not thereafter. The petition<\/span> shall be filed in the Circuit<\/span> Court<\/span> of the City of Richmond in the case of any statewide office and in the circuit<\/span> court<\/span> of the county or city in which the candidate<\/span> being challenged resides in the case of any other office. The petition<\/span> shall be filed in the Circuit<\/span> Court<\/span> of the City of Richmond in the case of any statewide referendum<\/span> and in the circuit<\/span> court<\/span> of any county or city comprising a part of the election district<\/span> in the case of any other referendum<\/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> or electoral board<\/span> and shall request the court<\/span> to have the ballots in the election recounted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In an election for office, a copy of the petition<\/span> shall be served on the candidate<\/span> apparently nominated or elected as provided under § 8.01-296<\/a> and within 10 days after the State Board<\/span> or electoral board<\/span> has certified the results of such election. In a referendum<\/span>, a copy of the petition<\/span> shall be so served on the governing body or chief executive officer of the jurisdiction<\/span> in which the election was held. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The chief judge<\/span> of the circuit<\/span> court<\/span> in which a petition<\/span> is filed 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> and 24.2-806<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR RECOUNT; RECOUNT COURT (\u00a7 24.2-801)\n\nA. The petition for a recount of an election, other than an election for\npresidential electors, shall be filed within 10 days from the day the State\nBoard or the electoral board certifies the result of the election under §\n24.2-679 or 24.2-671, but not thereafter. The petition shall be filed in the\nCircuit Court of the City of Richmond in the case of any statewide office and in\nthe circuit court of the county or city in which the candidate being challenged\nresides in the case of any other office. The petition shall be filed in the\nCircuit Court of the City of Richmond in the case of any statewide referendum\nand in the circuit court of any county or city comprising a part of the election\ndistrict in the case of any other referendum.\n\nB. The petition shall set forth the results certified by the State Board or\nelectoral board and shall request the court to have the ballots in the election\nrecounted.\n\nC. In an election for office, a copy of the petition shall be served on the\ncandidate apparently nominated or elected as provided under § 8.01-296 and\nwithin 10 days after the State Board or electoral board has certified the\nresults of such election. In a referendum, a copy of the petition shall be so\nserved on the governing body or chief executive officer of the jurisdiction in\nwhich the election was held.\n\nD. The chief judge of the circuit court in which a petition is filed 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 and 24.2-806.\n\nHISTORY: 1979, c. 293, \u00a7 24.1-249; 1981, c. 570; 1993, c. 641; 2003, c. 268;\n2014, 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}}