{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-802.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-802.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-802.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-802.2.html"}],"law_id":62925,"edition_id":1,"section_id":62925,"structure_id":14742,"section_number":"24.2-802.2","catch_line":"General recount procedures","history":"2020, cc. 284, 500, 886.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Overvote” means a ballot on which a voter casts a vote for a greater number of candidates or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue.\n\t\t\t“Undervote” means a ballot on which a voter casts a vote for a lesser number of candidates or positions than the number for which he was lawfully entitled to vote.B\n\nThe recount of the votes shall be based on votes cast in the election and shall not take into account (i) any absentee ballots or provisional ballots sought to be cast but ruled invalid and not cast in the election, (ii) ballots cast only for administrative or test purposes and voided by the officers of election, or (iii) ballots spoiled by a voter and replaced with a new ballot.C\n\nThe eligibility of any voter to have voted shall not be an issue in a recount. Commencing upon the filing of the recount, nothing shall prevent the discovery or disclosure of any evidence that could be used pursuant to § 24.2-803 in contesting the results of an election.D\n\nThere shall be only one recount of the vote in each precinct. The recount of the vote shall be conducted as follows:1\n\nFor paper ballots, the recount officials shall hand count the paper ballots using the standards promulgated by the State Board pursuant to § 24.2-802.2\n\nFor ballot scanner machines, the recount officials shall rerun all the machine-readable ballots through a scanner programmed to count only the votes for the parties or issue in question in the recount and to set aside all ballots containing write-in votes, overvotes, and undervotes. The ballots that are set aside, any ballots not accepted by the scanner, and any ballots for which a scanner could not be programmed to meet the programming requirements of this subdivision, shall be hand counted using the standards promulgated by the State Board pursuant to § 24.2-802. If the total number of machine-readable ballots reported as counted by the scanner plus the total number of ballots set aside by the scanner do not equal the total number of ballots rerun through the scanner, then all ballots cast on ballot scanner machines for that precinct shall be set aside to be counted by hand using the standards promulgated by the State Board pursuant to § 24.2-802. Prior to running the machine-readable ballots through the ballot scanner machine, the recount officials shall ensure that logic and accuracy tests have been successfully performed on each scanner after the scanner has been programmed. The result calculated for ballots accepted by the ballot scanner machine during the recount shall be considered correct for those machine-readable ballots unless the court finds sufficient cause to rule otherwise.3\n\nPrior to the conclusion of the recount in each precinct, the recount officials shall segregate all ballots for which there is a question regarding the ballot’s validity.E\n\nAt the conclusion of the recount of each precinct, the recount officials shall write down the number of valid ballots cast, this number being obtained from the ballots cast in the precinct, or from the ballots cast as shown on the statement of results if the ballots cannot be found, for each of the two candidates or for and against the question. They shall submit the ballots or the statement of results used, as to the validity of which questions exist, to the court. The written statement of any one recount official challenging a ballot shall be sufficient to require its submission to the court. If, on all ballot scanners, the number of persons voting in the election, or the number of votes cast for the office or on the question, totals more than the number of names on the pollbooks of persons voting on the voting machines, the figures recorded by the machines shall be accepted as correct.F\n\nAt the conclusion of the recount of all precincts, after allowing the parties to inspect the questioned ballots, and after hearing arguments, the court shall rule on the validity of all questioned ballots and votes. The court may not consider the validity of any ballots not set aside prior to the conclusion of the recount in each precinct. After settling all matters pertaining to the recount of the vote as raised by the parties, the court shall certify to the State Board and the electoral board (i) the vote for each party to the recount and declare the person who received the higher number of votes to be nominated or elected, as appropriate, or (ii) the votes for and against the question and declare the outcome of the referendum. The Department shall post on the Internet any and all changes made during the recount to the results as previously certified by it pursuant to § 24.2-679.G\n\nThe recount proceeding shall be final and not subject to appeal.H\n\nExcept in the case of a recount of an election for Governor, Lieutenant Governor, or Attorney General, or for elector of President or Vice President of the United States, if the court finds that each party to the recount has received an equal number of votes, it shall issue a writ promptly ordering a special election be held to determine which candidate is elected to the office.","order_by":null,"text":{"0":{"id":229520,"text":"For the purposes of this section:\n\t\t\t“Overvote” means a ballot on which a voter casts a vote for a greater number of candidates or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue.\n\t\t\t“Undervote” means a ballot on which a voter casts a vote for a lesser number of candidates or positions than the number for which he was lawfully entitled to vote.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229521,"text":"The recount of the votes shall be based on votes cast in the election and shall not take into account (i) any absentee ballots or provisional ballots sought to be cast but ruled invalid and not cast in the election, (ii) ballots cast only for administrative or test purposes and voided by the officers of election, or (iii) ballots spoiled by a voter and replaced with a new ballot.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229522,"text":"The eligibility of any voter to have voted shall not be an issue in a recount. Commencing upon the filing of the recount, nothing shall prevent the discovery or disclosure of any evidence that could be used pursuant to § 24.2-803 in contesting the results of an election.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229523,"text":"There shall be only one recount of the vote in each precinct. The recount of the vote shall be conducted as follows:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":229524,"text":"For paper ballots, the recount officials shall hand count the paper ballots using the standards promulgated by the State Board pursuant to § 24.2-802.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":229525,"text":"For ballot scanner machines, the recount officials shall rerun all the machine-readable ballots through a scanner programmed to count only the votes for the parties or issue in question in the recount and to set aside all ballots containing write-in votes, overvotes, and undervotes. The ballots that are set aside, any ballots not accepted by the scanner, and any ballots for which a scanner could not be programmed to meet the programming requirements of this subdivision, shall be hand counted using the standards promulgated by the State Board pursuant to § 24.2-802. If the total number of machine-readable ballots reported as counted by the scanner plus the total number of ballots set aside by the scanner do not equal the total number of ballots rerun through the scanner, then all ballots cast on ballot scanner machines for that precinct shall be set aside to be counted by hand using the standards promulgated by the State Board pursuant to § 24.2-802. Prior to running the machine-readable ballots through the ballot scanner machine, the recount officials shall ensure that logic and accuracy tests have been successfully performed on each scanner after the scanner has been programmed. The result calculated for ballots accepted by the ballot scanner machine during the recount shall be considered correct for those machine-readable ballots unless the court finds sufficient cause to rule otherwise.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":229526,"text":"Prior to the conclusion of the recount in each precinct, the recount officials shall segregate all ballots for which there is a question regarding the ballot’s validity.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":229527,"text":"At the conclusion of the recount of each precinct, the recount officials shall write down the number of valid ballots cast, this number being obtained from the ballots cast in the precinct, or from the ballots cast as shown on the statement of results if the ballots cannot be found, for each of the two candidates or for and against the question. They shall submit the ballots or the statement of results used, as to the validity of which questions exist, to the court. The written statement of any one recount official challenging a ballot shall be sufficient to require its submission to the court. If, on all ballot scanners, the number of persons voting in the election, or the number of votes cast for the office or on the question, totals more than the number of names on the pollbooks of persons voting on the voting machines, the figures recorded by the machines shall be accepted as correct.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"8":{"id":229528,"text":"At the conclusion of the recount of all precincts, after allowing the parties to inspect the questioned ballots, and after hearing arguments, the court shall rule on the validity of all questioned ballots and votes. The court may not consider the validity of any ballots not set aside prior to the conclusion of the recount in each precinct. After settling all matters pertaining to the recount of the vote as raised by the parties, the court shall certify to the State Board and the electoral board (i) the vote for each party to the recount and declare the person who received the higher number of votes to be nominated or elected, as appropriate, or (ii) the votes for and against the question and declare the outcome of the referendum. The Department shall post on the Internet any and all changes made during the recount to the results as previously certified by it pursuant to § 24.2-679.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":229529,"text":"The recount proceeding shall be final and not subject to appeal.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":229530,"text":"Except in the case of a recount of an election for Governor, Lieutenant Governor, or Attorney General, or for elector of President or Vice President of the United States, if the court finds that each party to the recount has received an equal number of votes, it shall issue a writ promptly ordering a special election be held to determine which candidate is elected to the office.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-802.2\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 284<\/a>, 500<\/a>, and 886<\/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.<\/p>","references":[{"id":62925,"section_number":"24.2-802.2","catch_line":"General recount procedures","order_by":null,"url":"\/24.2-802.2\/"},{"id":78511,"section_number":"24.2-814","catch_line":"Contest following recount","order_by":null,"url":"\/24.2-814\/"}],"refers_to":[{"id":68167,"section_number":"24.2-802","catch_line":"Recount standards","order_by":null,"url":"\/24.2-802\/"},{"id":62925,"section_number":"24.2-802.2","catch_line":"General recount procedures","order_by":null,"url":"\/24.2-802.2\/"},{"id":68390,"section_number":"24.2-803","catch_line":"Contest of election to General Assembly","order_by":null,"url":"\/24.2-803\/"}],"permalink":{"id":188977,"object_type":"law","relational_id":62925,"identifier":"24.2-802.2","token":"24.2\/8\/1\/24.2-802.2","url":"\/24.2-802.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-802.2\/","token":"24.2\/8\/1\/24.2-802.2","dublin_core":{"Title":"General recount procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-802.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Overvote<\/span>” means a ballot on which a voter casts a vote for a greater number of candidates<\/span> or positions than the number for which he was lawfully entitled to vote and no vote shall be counted with respect to that office or issue<\/span>.\n\t\t\t“Undervote<\/span>” means a ballot on which a voter casts a vote for a lesser number of candidates<\/span> or positions than the number for which he was lawfully entitled to vote. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The recount of the votes shall be based on votes cast in the election<\/span> and shall not take into account (i) any absentee ballots or provisional ballots sought to be cast but ruled invalid and not cast in the election<\/span>, (ii) ballots cast only for administrative or test purposes and voided by the officers of election<\/span>, or (iii) ballots spoiled by a voter and replaced with a new ballot. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The eligibility of any voter to have voted shall not be an issue<\/span> in a recount. Commencing upon the filing of the recount, nothing shall prevent the discovery<\/span> or disclosure of any evidence<\/span> that could be used pursuant to § 24.2-803<\/a> in contesting the results of an election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> There shall be only one recount of the vote in each precinct<\/span>. The recount of the vote shall be conducted as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For paper ballots<\/span>, the recount officials shall hand count the paper ballots<\/span> using the standards promulgated by the State Board<\/span> pursuant to § 24.2-802<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For ballot scanner machines<\/span>, the recount officials shall rerun all the machine-readable ballots<\/span> through a scanner programmed to count only the votes for the parties or issue<\/span> in question in the recount and to set aside all ballots containing write-in votes, overvotes<\/span>, and undervotes<\/span>. The ballots that are set aside, any ballots not accepted by the scanner, and any ballots for which a scanner could not be programmed to meet the programming requirements of this subdivision, shall be hand counted using the standards promulgated by the State Board<\/span> pursuant to § 24.2-802<\/a>. If the total number of machine-readable ballots<\/span> reported as counted by the scanner plus the total number of ballots set aside by the scanner do not equal the total number of ballots rerun through the scanner, then all ballots cast on ballot scanner machines<\/span> for that precinct<\/span> shall be set aside to be counted by hand using the standards promulgated by the State Board<\/span> pursuant to § 24.2-802<\/a>. Prior to running the machine-readable ballots<\/span> through the ballot scanner machine<\/span>, the recount officials shall ensure that logic and accuracy tests have been successfully performed on each scanner after the scanner has been programmed. The result calculated for ballots accepted by the ballot scanner machine<\/span> during the recount shall be considered correct for those machine-readable ballots<\/span> unless the court<\/span> finds sufficient cause to rule otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Prior to the conclusion of the recount in each precinct<\/span>, the recount officials shall segregate all ballots for which there is a question regarding the ballot’s validity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the conclusion of the recount of each precinct<\/span>, the recount officials shall write down the number of valid ballots cast, this number being obtained from the ballots cast in the precinct<\/span>, or from the ballots cast as shown on the statement of results if the ballots cannot be found, for each of the two candidates<\/span> or for and against the question. They shall submit the ballots or the statement of results used, as to the validity of which questions exist, to the court<\/span>. The written statement of any one recount official challenging a ballot shall be sufficient to require its submission to the court<\/span>. If, on all ballot scanners, the number of persons voting in the election<\/span>, or the number of votes cast for the office or on the question, totals more than the number of names on the pollbooks of persons voting on the voting machines, the figures recorded by the machines shall be accepted as correct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> At the conclusion of the recount of all precincts<\/span>, after allowing the parties to inspect the questioned ballots, and after hearing<\/span> arguments, the court<\/span> shall rule on the validity of all questioned ballots and votes. The court<\/span> may not consider the validity of any ballots not set aside prior to the conclusion of the recount in each precinct<\/span>. After settling all matters pertaining to the recount of the vote as raised by the parties, the court<\/span> shall certify to the State Board<\/span> and the electoral board<\/span> (i) the vote for each party<\/span> to the recount and declare the person who received the higher number of votes to be nominated or elected, as appropriate, or (ii) the votes for and against the question and declare the outcome of the referendum<\/span>. The Department<\/span> shall post on the Internet any and all changes made during the recount to the results as previously certified by it pursuant to § 24.2-679<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The recount proceeding shall be final and not subject to appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except in the case of a recount of an election for Governor, Lieutenant Governor, or Attorney General<\/span>, or for elector of President or Vice President of the United States, if the court<\/span> finds that each party<\/span> to the recount has received an equal number of votes, it shall issue<\/span> a writ<\/span> promptly ordering a special election<\/span> be held to determine which candidate<\/span> is elected to the office. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL RECOUNT PROCEDURES (\u00a7 24.2-802.2)\n\nA. For the purposes of this section:\n\t\t\t“Overvote” means a ballot on which a voter casts a vote for a\ngreater number of candidates or positions than the number for which he was\nlawfully entitled to vote and no vote shall be counted with respect to that\noffice or issue.\n\t\t\t“Undervote” means a ballot on which a voter casts a vote for a\nlesser number of candidates or positions than the number for which he was\nlawfully entitled to vote.\n\nB. The recount of the votes shall be based on votes cast in the election and\nshall not take into account (i) any absentee ballots or provisional ballots\nsought to be cast but ruled invalid and not cast in the election, (ii) ballots\ncast only for administrative or test purposes and voided by the officers of\nelection, or (iii) ballots spoiled by a voter and replaced with a new ballot.\n\nC. The eligibility of any voter to have voted shall not be an issue in a\nrecount. Commencing upon the filing of the recount, nothing shall prevent the\ndiscovery or disclosure of any evidence that could be used pursuant to §\n24.2-803 in contesting the results of an election.\n\nD. There shall be only one recount of the vote in each precinct. The recount of\nthe vote shall be conducted as follows:\n\n 1. For paper ballots, the recount officials shall hand count the paper ballots\n using the standards promulgated by the State Board pursuant to §\n 24.2-802.\n\n 2. For ballot scanner machines, the recount officials shall rerun all the\n machine-readable ballots through a scanner programmed to count only the votes\n for the parties or issue in question in the recount and to set aside all\n ballots containing write-in votes, overvotes, and undervotes. The ballots that\n are set aside, any ballots not accepted by the scanner, and any ballots for\n which a scanner could not be programmed to meet the programming requirements\n of this subdivision, shall be hand counted using the standards promulgated by\n the State Board pursuant to § 24.2-802. If the total number of\n machine-readable ballots reported as counted by the scanner plus the total\n number of ballots set aside by the scanner do not equal the total number of\n ballots rerun through the scanner, then all ballots cast on ballot scanner\n machines for that precinct shall be set aside to be counted by hand using the\n standards promulgated by the State Board pursuant to § 24.2-802. Prior to\n running the machine-readable ballots through the ballot scanner machine, the\n recount officials shall ensure that logic and accuracy tests have been\n successfully performed on each scanner after the scanner has been programmed.\n The result calculated for ballots accepted by the ballot scanner machine\n during the recount shall be considered correct for those machine-readable\n ballots unless the court finds sufficient cause to rule otherwise.\n\n 3. Prior to the conclusion of the recount in each precinct, the recount\n officials shall segregate all ballots for which there is a question regarding\n the ballot’s validity.\n\nE. At the conclusion of the recount of each precinct, the recount officials\nshall write down the number of valid ballots cast, this number being obtained\nfrom the ballots cast in the precinct, or from the ballots cast as shown on the\nstatement of results if the ballots cannot be found, for each of the two\ncandidates or for and against the question. They shall submit the ballots or the\nstatement of results used, as to the validity of which questions exist, to the\ncourt. The written statement of any one recount official challenging a ballot\nshall be sufficient to require its submission to the court. If, on all ballot\nscanners, the number of persons voting in the election, or the number of votes\ncast for the office or on the question, totals more than the number of names on\nthe pollbooks of persons voting on the voting machines, the figures recorded by\nthe machines shall be accepted as correct.\n\nF. At the conclusion of the recount of all precincts, after allowing the parties\nto inspect the questioned ballots, and after hearing arguments, the court shall\nrule on the validity of all questioned ballots and votes. The court may not\nconsider the validity of any ballots not set aside prior to the conclusion of\nthe recount in each precinct. After settling all matters pertaining to the\nrecount of the vote as raised by the parties, the court shall certify to the\nState Board and the electoral board (i) the vote for each party to the recount\nand declare the person who received the higher number of votes to be nominated\nor elected, as appropriate, or (ii) the votes for and against the question and\ndeclare the outcome of the referendum. The Department shall post on the Internet\nany and all changes made during the recount to the results as previously\ncertified by it pursuant to § 24.2-679.\n\nG. The recount proceeding shall be final and not subject to appeal.\n\nH. Except in the case of a recount of an election for Governor, Lieutenant\nGovernor, or Attorney General, or for elector of President or Vice President of\nthe United States, if the court finds that each party to the recount has\nreceived an equal number of votes, it shall issue a writ promptly ordering a\nspecial election be held to determine which candidate is elected to the office.\n\nHISTORY: 2020, cc. 284, 500, 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}}