{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-803.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-803.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-803.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-803.html"}],"law_id":68390,"edition_id":1,"section_id":68390,"structure_id":14448,"section_number":"24.2-803","catch_line":"Contest of election to General Assembly","history":"1981, c. 570, \u00a7 24.1-236.1; 1993, c. 641; 1998, c. 866; 2000, c. 1057; 2006, c. 292.","full_text":"A\n\nThis section applies to any general or special election of members to the General Assembly.B\n\nA contest of the election of any member to the General Assembly may be initiated by an unsuccessful candidate in the election, referred to hereafter as the contestant.\n\t\t\tTo initiate a contest, the contestant shall give written notice, in the manner provided in subsection D, of his intent to contest the election to the person or persons apparently elected, referred to hereafter as the contestee, and to the Clerk of the House of Delegates if he is contesting a House election or of the Senate if he is contesting a Senate election, no later than thirty days following the date of the election or three days after the conclusion of a recount, whichever is later.\n\t\t\tThe notice shall state the grounds on which the contestant intends to contest the election. The grounds shall include (i) objections to the eligibility of the contestee based on specific allegations, (ii) objections to the conduct or results of the election accompanied by specific allegations which, if proven true, would have a probable impact on the outcome of the election, or (iii) both.\n\t\t\tThe notice shall state that an answer by the contestee must be filed with the clerk of the appropriate house within ten days following service of the notice. The contestant shall sign and verify the notice by his oath or affirmation.\n\t\t\tAt the time of filing the notice, the contestant shall post a bond with surety with the Clerk of the House of Delegates or Senate, as appropriate, in the amount of $100 per precinct contained in whole or in part in the district being contested. If the contestant wins the contest, the bond shall not be forfeited. If the contestant loses the contest, the bond shall be forfeited to the extent of the contestee’s actual and documented costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law. If the assessed costs exceed the bond, the contestant shall be liable for such excess only pursuant to subsection H.C\n\nWithin ten days after service of the contestant’s notice on the contestee, the contestee shall file with the clerk of the appropriate house a written answer. His answer shall admit or deny the allegations on which the contestant relies, or state that he has no knowledge or information concerning an allegation which shall be deemed denial, and state any other defenses, in law or fact, on which he relies. The contestee shall sign and verify his answer by his oath or affirmation.D\n\nThe notice of intent to contest shall be filed by the contestant with the clerk of the appropriate house and copies thereof served by the contestant as provided under § 8.01-296 on each contestee. The answer, petition, and any reply and copies thereof shall be filed with the appropriate clerk, and copies shall be served on the opposing party or his counsel, if any, in the manner prescribed by Rule 1:12 of the Rules of the Supreme Court of Virginia.\n\t\t\tAfter service of the notice of intent, any party, after reasonable notice to the other party or parties, shall be authorized to take depositions to sustain or invalidate the election. The contestant shall complete the taking of depositions to submit with his petition at any time within twenty days following the date of the notice of intent to contest the election, and the contestee shall complete the taking of his depositions within thirty days following the date of the notice of intent to contest the election. By written stipulation of the parties, the testimony of any witness may be filed in the form of an affidavit by the witness within the same time limitations prescribed for the taking of depositions.\n\t\t\tSubpoenas for witnesses shall be issued by the clerk of the circuit court of the county or city in which the contestee resides on the application of either party. Witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses summoned to attend the courts.\n\t\t\tEvery deposition shall be taken before a person authorized by law to administer oaths, who shall certify and seal the deposition in the same manner as in judicial civil proceedings, and file the same with the clerk of the appropriate house.E\n\nA written petition shall be filed by the contestant with the clerk of the appropriate house (i) within ten days following the filing of the notice of intent to contest the election if the contested election was held at a November general election and (ii) within ten days following the date of the filing of the notice of intent to contest the election or within two days following the commencement of the next session of the General Assembly, whichever is later, if the election was held on a different date. The contestee may file a written reply to the petition within five days following its service on him.\n\t\t\tNo affidavit may be made a part of, or filed in support of, a petition or reply thereto unless the affidavit has previously been filed with the clerk of the appropriate house, pursuant to the written stipulation of the parties or their counsel, on or before the date established by subsection D for the completion of the taking of depositions by the proponent of the affidavit.F\n\nIf the election was held during a regular session of the General Assembly, the times for filing the notice of intent to contest, 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.G\n\nThe clerk shall refer the notice, answer, petition, reply, depositions, and affidavits to the Committee on Privileges and Elections, which documents shall constitute the record in the contest. A failure to comply in timely manner with the filing requirements of subsection B, C, D, or E shall be dispositive of the contest and have the effect of a finding for the opponent of the party failing to meet such requirements.\n\t\t\tUnless another committee has been designated by the rules of the house to hear contest matters, the Committee on Privileges and Elections shall hear the contest and conduct such investigation as has been directed by resolution of its house. It shall report its findings and recommendations to the house for its action. The committee hearing the contest shall take up the contest no later than its first regularly scheduled meeting occurring after the filing of the record in the contest.H\n\nThe house, in its judgment, may find for the contestant and declare him elected, find for the contestee and confirm his election, or declare the election void and order a writ of election as in other cases of vacancy. If the house finds a tie vote has occurred, it shall direct a determination by lot in accordance with § 24.2-674, but no right to a recount shall be permitted. If the house finds, by a two-thirds vote of the house that the contestant has prosecuted the election contest in bad faith, the house may order the contestant to pay to the contestee a sum, in addition to the amount of the bond posted pursuant to subsection B, that is not more than the contestee’s additional actual costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law. A determination to assess costs against a contestant in excess of the amount of the bond posted pursuant to subsection B shall be made only upon the recommendation of the Committee on Privileges and Elections, or other committee designated in the rules of the house to hear the contest, adopted by the committee by a two-thirds or greater vote of the committee.","order_by":null,"text":{"0":{"id":247651,"text":"This section applies to any general or special election of members to the General Assembly.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247652,"text":"A contest of the election of any member to the General Assembly may be initiated by an unsuccessful candidate in the election, referred to hereafter as the contestant.\n\t\t\tTo initiate a contest, the contestant shall give written notice, in the manner provided in subsection D, of his intent to contest the election to the person or persons apparently elected, referred to hereafter as the contestee, and to the Clerk of the House of Delegates if he is contesting a House election or of the Senate if he is contesting a Senate election, no later than thirty days following the date of the election or three days after the conclusion of a recount, whichever is later.\n\t\t\tThe notice shall state the grounds on which the contestant intends to contest the election. The grounds shall include (i) objections to the eligibility of the contestee based on specific allegations, (ii) objections to the conduct or results of the election accompanied by specific allegations which, if proven true, would have a probable impact on the outcome of the election, or (iii) both.\n\t\t\tThe notice shall state that an answer by the contestee must be filed with the clerk of the appropriate house within ten days following service of the notice. The contestant shall sign and verify the notice by his oath or affirmation.\n\t\t\tAt the time of filing the notice, the contestant shall post a bond with surety with the Clerk of the House of Delegates or Senate, as appropriate, in the amount of $100 per precinct contained in whole or in part in the district being contested. If the contestant wins the contest, the bond shall not be forfeited. If the contestant loses the contest, the bond shall be forfeited to the extent of the contestee’s actual and documented costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law. If the assessed costs exceed the bond, the contestant shall be liable for such excess only pursuant to subsection H.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":247653,"text":"Within ten days after service of the contestant’s notice on the contestee, the contestee shall file with the clerk of the appropriate house a written answer. His answer shall admit or deny the allegations on which the contestant relies, or state that he has no knowledge or information concerning an allegation which shall be deemed denial, and state any other defenses, in law or fact, on which he relies. The contestee shall sign and verify his answer by his oath or affirmation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":247654,"text":"The notice of intent to contest shall be filed by the contestant with the clerk of the appropriate house and copies thereof served by the contestant as provided under § 8.01-296 on each contestee. The answer, petition, and any reply and copies thereof shall be filed with the appropriate clerk, and copies shall be served on the opposing party or his counsel, if any, in the manner prescribed by Rule 1:12 of the Rules of the Supreme Court of Virginia.\n\t\t\tAfter service of the notice of intent, any party, after reasonable notice to the other party or parties, shall be authorized to take depositions to sustain or invalidate the election. The contestant shall complete the taking of depositions to submit with his petition at any time within twenty days following the date of the notice of intent to contest the election, and the contestee shall complete the taking of his depositions within thirty days following the date of the notice of intent to contest the election. By written stipulation of the parties, the testimony of any witness may be filed in the form of an affidavit by the witness within the same time limitations prescribed for the taking of depositions.\n\t\t\tSubpoenas for witnesses shall be issued by the clerk of the circuit court of the county or city in which the contestee resides on the application of either party. Witnesses shall be entitled to the same allowances and privileges, and be subject to the same penalties, as witnesses summoned to attend the courts.\n\t\t\tEvery deposition shall be taken before a person authorized by law to administer oaths, who shall certify and seal the deposition in the same manner as in judicial civil proceedings, and file the same with the clerk of the appropriate house.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":247655,"text":"A written petition shall be filed by the contestant with the clerk of the appropriate house (i) within ten days following the filing of the notice of intent to contest the election if the contested election was held at a November general election and (ii) within ten days following the date of the filing of the notice of intent to contest the election or within two days following the commencement of the next session of the General Assembly, whichever is later, if the election was held on a different date. The contestee may file a written reply to the petition within five days following its service on him.\n\t\t\tNo affidavit may be made a part of, or filed in support of, a petition or reply thereto unless the affidavit has previously been filed with the clerk of the appropriate house, pursuant to the written stipulation of the parties or their counsel, on or before the date established by subsection D for the completion of the taking of depositions by the proponent of the affidavit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":247656,"text":"If the election was held during a regular session of the General Assembly, the times for filing the notice of intent to contest, 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":247657,"text":"The clerk shall refer the notice, answer, petition, reply, depositions, and affidavits to the Committee on Privileges and Elections, which documents shall constitute the record in the contest. A failure to comply in timely manner with the filing requirements of subsection B, C, D, or E shall be dispositive of the contest and have the effect of a finding for the opponent of the party failing to meet such requirements.\n\t\t\tUnless another committee has been designated by the rules of the house to hear contest matters, the Committee on Privileges and Elections shall hear the contest and conduct such investigation as has been directed by resolution of its house. It shall report its findings and recommendations to the house for its action. The committee hearing the contest shall take up the contest no later than its first regularly scheduled meeting occurring after the filing of the record in the contest.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":247658,"text":"The house, in its judgment, may find for the contestant and declare him elected, find for the contestee and confirm his election, or declare the election void and order a writ of election as in other cases of vacancy. If the house finds a tie vote has occurred, it shall direct a determination by lot in accordance with § 24.2-674, but no right to a recount shall be permitted. If the house finds, by a two-thirds vote of the house that the contestant has prosecuted the election contest in bad faith, the house may order the contestant to pay to the contestee a sum, in addition to the amount of the bond posted pursuant to subsection B, that is not more than the contestee’s additional actual costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law. A determination to assess costs against a contestant in excess of the amount of the bond posted pursuant to subsection B shall be made only upon the recommendation of the Committee on Privileges and Elections, or other committee designated in the rules of the house to hear the contest, adopted by the committee by a two-thirds or greater vote of the committee.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14448,"edition_id":1,"name":"Contested Elections","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14447,"metadata":{},"date_created":"2026-06-26 03:48:10","date_modified":"2026-06-26 03:48:10","permalink":{"id":188985,"object_type":"structure","relational_id":14448,"identifier":"2","token":"24.2\/8\/2","url":"\/24.2\/8\/2\/","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":68390,"structure_id":14448,"section_number":"24.2-803","catch_line":"Contest of election to General Assembly","url":"\/24.2-803\/","token":"24.2\/8\/2\/24.2-803","metadata":false},{"id":64477,"structure_id":14448,"section_number":"24.2-804","catch_line":"Contest of elections of Governor, Lieutenant Governor, and Attorney General","url":"\/24.2-804\/","token":"24.2\/8\/2\/24.2-804","metadata":false},{"id":80204,"structure_id":14448,"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","url":"\/24.2-805\/","token":"24.2\/8\/2\/24.2-805","metadata":false},{"id":56547,"structure_id":14448,"section_number":"24.2-806","catch_line":"Contest of other primaries and elections","url":"\/24.2-806\/","token":"24.2\/8\/2\/24.2-806","metadata":false},{"id":72272,"structure_id":14448,"section_number":"24.2-807","catch_line":"Contest only on complaint of unsuccessful party; contents of complaint","url":"\/24.2-807\/","token":"24.2\/8\/2\/24.2-807","metadata":false},{"id":72167,"structure_id":14448,"section_number":"24.2-808","catch_line":"Time of filing and service of complaint; enlargement or amendment of complaint","url":"\/24.2-808\/","token":"24.2\/8\/2\/24.2-808","metadata":false},{"id":63714,"structure_id":14448,"section_number":"24.2-809","catch_line":"Filing answer; contents; enlargement or amendment of answer","url":"\/24.2-809\/","token":"24.2\/8\/2\/24.2-809","metadata":false},{"id":85321,"structure_id":14448,"section_number":"24.2-810","catch_line":"Taking depositions and deciding contests","url":"\/24.2-810\/","token":"24.2\/8\/2\/24.2-810","metadata":false},{"id":55821,"structure_id":14448,"section_number":"24.2-811","catch_line":"Costs and issuance of certificate of election","url":"\/24.2-811\/","token":"24.2\/8\/2\/24.2-811","metadata":false},{"id":79701,"structure_id":14448,"section_number":"24.2-812","catch_line":"Proceedings when court decides no valid election has been held","url":"\/24.2-812\/","token":"24.2\/8\/2\/24.2-812","metadata":false},{"id":80837,"structure_id":14448,"section_number":"24.2-813","catch_line":"Proceedings in contest for nominee","url":"\/24.2-813\/","token":"24.2\/8\/2\/24.2-813","metadata":false},{"id":78511,"structure_id":14448,"section_number":"24.2-814","catch_line":"Contest following recount","url":"\/24.2-814\/","token":"24.2\/8\/2\/24.2-814","metadata":false}],"next_section":{"id":64477,"structure_id":14448,"section_number":"24.2-804","catch_line":"Contest of elections of Governor, Lieutenant Governor, and Attorney General","url":"\/24.2-804\/","token":"24.2\/8\/2\/24.2-804","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-803\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 570 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1993, chapter 641; in 1998, chapter 866<\/a>; in 2000, chapter 1057<\/a>; in 2006, chapter 292<\/a>.<\/p>","references":[{"id":61543,"section_number":"24.2-101","catch_line":"Definitions","order_by":null,"url":"\/24.2-101\/"},{"id":60441,"section_number":"24.2-709.1","catch_line":"Processing returned absentee ballots before election day; cure process","order_by":null,"url":"\/24.2-709.1\/"},{"id":62925,"section_number":"24.2-802.2","catch_line":"General recount procedures","order_by":null,"url":"\/24.2-802.2\/"},{"id":64477,"section_number":"24.2-804","catch_line":"Contest of elections of Governor, Lieutenant Governor, and Attorney General","order_by":null,"url":"\/24.2-804\/"},{"id":78511,"section_number":"24.2-814","catch_line":"Contest following recount","order_by":null,"url":"\/24.2-814\/"}],"refers_to":[{"id":80865,"section_number":"24.2-674","catch_line":"Determination by lot in case of tie","order_by":null,"url":"\/24.2-674\/"},{"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":188987,"object_type":"law","relational_id":68390,"identifier":"24.2-803","token":"24.2\/8\/2\/24.2-803","url":"\/24.2-803\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-803\/","token":"24.2\/8\/2\/24.2-803","dublin_core":{"Title":"Contest of election to General Assembly","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-803","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> This section applies to any general or special election<\/span> of members to the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A contest of the election of any member to the General Assembly may be initiated by an unsuccessful candidate<\/span> in the election, referred to hereafter as the contestant.\n\t\t\tTo initiate a contest, the contestant shall give written notice, in the manner provided in subsection D, of his intent<\/span> to contest the election to the person or persons apparently elected, referred to hereafter as the contestee, and to the Clerk of the House of Delegates if he is contesting a House election or of the Senate if he is contesting a Senate election, no later than thirty days following the date of the election or three days after the conclusion of a recount, whichever is later.\n\t\t\tThe notice shall state the grounds on which the contestant intends to contest the election. The grounds shall include (i) objections to the eligibility of the contestee based on specific allegations<\/span>, (ii) objections to the conduct or results of the election accompanied by specific allegations<\/span> which, if proven true, would have a probable impact on the outcome of the election, or (iii) both.\n\t\t\tThe notice shall state that an answer by the contestee must be filed with the clerk of the appropriate house within ten days following service of the notice. The contestant shall sign and verify the notice by his oath<\/span> or affirmation.\n\t\t\tAt the time of filing the notice, the contestant shall post a bond<\/span> with surety<\/span> with the Clerk of the House of Delegates or Senate, as appropriate, in the amount of $100 per precinct<\/span> contained in whole or in part in the district being contested. If the contestant wins the contest, the bond<\/span> shall not be forfeited. If the contestant loses the contest, the bond<\/span> shall be forfeited to the extent of the contestee’s actual and documented costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law<\/span>. If the assessed costs exceed the bond<\/span>, the contestant shall be liable for such excess only pursuant to subsection H. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within ten days after service of the contestant’s notice on the contestee, the contestee shall file with the clerk of the appropriate house a written answer. His answer shall admit or deny the allegations<\/span> on which the contestant relies, or state that he has no knowledge or information concerning an allegation<\/span> which shall be deemed denial, and state any other defenses, in law<\/span> or fact<\/span>, on which he relies. The contestee shall sign and verify his answer by his oath<\/span> or affirmation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The notice of intent<\/span> to contest shall be filed by the contestant with the clerk of the appropriate house and copies thereof served by the contestant as provided under § 8.01-296<\/a> on each contestee. The answer, petition<\/span>, and any reply and copies thereof shall be filed with the appropriate clerk, and copies shall be served on the opposing party<\/span> or his counsel<\/span>, if any, in the manner prescribed by Rule 1:12 of the Rules of the Supreme Court<\/span> of Virginia.\n\t\t\tAfter service of the notice of intent<\/span>, any party<\/span>, after reasonable notice to the other party<\/span> or parties, shall be authorized to take depositions<\/span> to sustain<\/span> or invalidate the election. The contestant shall complete the taking of depositions<\/span> to submit with his petition<\/span> at any time within twenty days following the date of the notice of intent<\/span> to contest the election, and the contestee shall complete the taking of his depositions<\/span> within thirty days following the date of the notice of intent<\/span> to contest the election. By written stipulation<\/span> of the parties, the testimony<\/span> of any witness<\/span> may be filed in the form of an affidavit<\/span> by the witness<\/span> within the same time limitations prescribed for the taking of depositions<\/span>.\n\t\t\tSubpoenas<\/span> for witnesses shall be issued by the clerk of the circuit<\/span> court<\/span> of the county or city in which the contestee resides on the application of either party<\/span>. Witnesses shall be entitled to the same allowances and privileges<\/span>, and be subject to the same penalties, as witnesses summoned to attend the courts<\/span>.\n\t\t\tEvery deposition<\/span> shall be taken before a person authorized by law<\/span> to administer oaths<\/span>, who shall certify and seal the deposition<\/span> in the same manner as in judicial civil proceedings, and file the same with the clerk of the appropriate house. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A written petition<\/span> shall be filed by the contestant with the clerk of the appropriate house (i) within ten days following the filing of the notice of intent<\/span> to contest the election if the contested election was held at a November general election<\/span> and (ii) within ten days following the date of the filing of the notice of intent<\/span> to contest the election or within two days following the commencement of the next session of the General Assembly, whichever is later, if the election was held on a different date. The contestee may file a written reply to the petition<\/span> within five days following its service on him.\n\t\t\tNo affidavit<\/span> may be made a part of, or filed in support of, a petition<\/span> or reply thereto unless the affidavit<\/span> has previously been filed with the clerk of the appropriate house, pursuant to the written stipulation<\/span> of the parties or their counsel<\/span>, on or before the date established by subsection D for the completion of the taking of depositions<\/span> by the proponent of the affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the election was held during a regular session of the General Assembly, the times for filing the notice of intent<\/span> to contest, the answer, petition<\/span>, and reply and for taking depositions<\/span> and affidavits<\/span> shall be set by the Committee on Privileges<\/span> and Elections<\/span> of the appropriate house. The Committee may consider the contestant’s and contestee’s recommendations for the procedural schedule. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The clerk shall refer the notice, answer, petition<\/span>, reply, depositions<\/span>, and affidavits<\/span> to the Committee on Privileges<\/span> and Elections<\/span>, which documents shall constitute the record in the contest. A failure to comply in timely manner with the filing requirements of subsection B, C, D, or E shall be dispositive of the contest and have the effect of a finding<\/span> for the opponent of the party<\/span> failing to meet such requirements.\n\t\t\tUnless another committee has been designated by the rules of the house to hear contest matters, the Committee on Privileges<\/span> and Elections<\/span> shall hear the contest and conduct such investigation as has been directed by resolution of its house. It shall report its findings<\/span> and recommendations to the house for its action. The committee hearing<\/span> the contest shall take up the contest no later than its first regularly scheduled meeting occurring after the filing of the record in the contest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The house, in its judgment<\/span>, may find for the contestant and declare him elected, find for the contestee and confirm his election, or declare the election void and order<\/span> a writ<\/span> of election as in other cases of vacancy. If the house finds a tie vote has occurred, it shall direct a determination by lot in accordance with § 24.2-674<\/a>, but no right to a recount shall be permitted. If the house finds, by a two-thirds vote of the house that the contestant has prosecuted the election contest in bad faith, the house may order<\/span> the contestant to pay to the contestee a sum, in addition to the amount of the bond<\/span> posted pursuant to subsection B, that is not more than the contestee’s additional actual costs of defending against the contest, including, but not limited to, reasonable attorneys’ fees, expert witnesses’ fees, and such costs as would be taxable in an action at law<\/span>. A determination to assess costs against a contestant in excess of the amount of the bond<\/span> posted pursuant to subsection B shall be made only upon the recommendation of the Committee on Privileges<\/span> and Elections<\/span>, or other committee designated in the rules of the house to hear the contest, adopted by the committee by a two-thirds or greater vote of the committee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTEST OF ELECTION TO GENERAL ASSEMBLY (\u00a7 24.2-803)\n\nA. This section applies to any general or special election of members to the\nGeneral Assembly.\n\nB. A contest of the election of any member to the General Assembly may be\ninitiated by an unsuccessful candidate in the election, referred to hereafter as\nthe contestant.\n\t\t\tTo initiate a contest, the contestant shall give written notice, in the\nmanner provided in subsection D, of his intent to contest the election to the\nperson or persons apparently elected, referred to hereafter as the contestee,\nand to the Clerk of the House of Delegates if he is contesting a House election\nor of the Senate if he is contesting a Senate election, no later than thirty\ndays following the date of the election or three days after the conclusion of a\nrecount, whichever is later.\n\t\t\tThe notice shall state the grounds on which the contestant intends to contest\nthe election. The grounds shall include (i) objections to the eligibility of the\ncontestee based on specific allegations, (ii) objections to the conduct or\nresults of the election accompanied by specific allegations which, if proven\ntrue, would have a probable impact on the outcome of the election, or (iii)\nboth.\n\t\t\tThe notice shall state that an answer by the contestee must be filed with the\nclerk of the appropriate house within ten days following service of the notice.\nThe contestant shall sign and verify the notice by his oath or affirmation.\n\t\t\tAt the time of filing the notice, the contestant shall post a bond with\nsurety with the Clerk of the House of Delegates or Senate, as appropriate, in\nthe amount of $100 per precinct contained in whole or in part in the district\nbeing contested. If the contestant wins the contest, the bond shall not be\nforfeited. If the contestant loses the contest, the bond shall be forfeited to\nthe extent of the contestee’s actual and documented costs of defending\nagainst the contest, including, but not limited to, reasonable attorneys’\nfees, expert witnesses’ fees, and such costs as would be taxable in an\naction at law. If the assessed costs exceed the bond, the contestant shall be\nliable for such excess only pursuant to subsection H.\n\nC. Within ten days after service of the contestant’s notice on the\ncontestee, the contestee shall file with the clerk of the appropriate house a\nwritten answer. His answer shall admit or deny the allegations on which the\ncontestant relies, or state that he has no knowledge or information concerning\nan allegation which shall be deemed denial, and state any other defenses, in law\nor fact, on which he relies. The contestee shall sign and verify his answer by\nhis oath or affirmation.\n\nD. The notice of intent to contest shall be filed by the contestant with the\nclerk of the appropriate house and copies thereof served by the contestant as\nprovided under § 8.01-296 on each contestee. The answer, petition, and any\nreply and copies thereof shall be filed with the appropriate clerk, and copies\nshall be served on the opposing party or his counsel, if any, in the manner\nprescribed by Rule 1:12 of the Rules of the Supreme Court of Virginia.\n\t\t\tAfter service of the notice of intent, any party, after reasonable notice to\nthe other party or parties, shall be authorized to take depositions to sustain\nor invalidate the election. The contestant shall complete the taking of\ndepositions to submit with his petition at any time within twenty days following\nthe date of the notice of intent to contest the election, and the contestee\nshall complete the taking of his depositions within thirty days following the\ndate of the notice of intent to contest the election. By written stipulation of\nthe parties, the testimony of any witness may be filed in the form of an\naffidavit by the witness within the same time limitations prescribed for the\ntaking of depositions.\n\t\t\tSubpoenas for witnesses shall be issued by the clerk of the circuit court of\nthe county or city in which the contestee resides on the application of either\nparty. Witnesses shall be entitled to the same allowances and privileges, and be\nsubject to the same penalties, as witnesses summoned to attend the courts.\n\t\t\tEvery deposition shall be taken before a person authorized by law to\nadminister oaths, who shall certify and seal the deposition in the same manner\nas in judicial civil proceedings, and file the same with the clerk of the\nappropriate house.\n\nE. A written petition shall be filed by the contestant with the clerk of the\nappropriate house (i) within ten days following the filing of the notice of\nintent to contest the election if the contested election was held at a November\ngeneral election and (ii) within ten days following the date of the filing of\nthe notice of intent to contest the election or within two days following the\ncommencement of the next session of the General Assembly, whichever is later, if\nthe election was held on a different date. The contestee may file a written\nreply to the petition within five days following its service on him.\n\t\t\tNo affidavit may be made a part of, or filed in support of, a petition or\nreply thereto unless the affidavit has previously been filed with the clerk of\nthe appropriate house, pursuant to the written stipulation of the parties or\ntheir counsel, on or before the date established by subsection D for the\ncompletion of the taking of depositions by the proponent of the affidavit.\n\nF. If the election was held during a regular session of the General Assembly,\nthe times for filing the notice of intent to contest, the answer, petition, and\nreply and for taking depositions and affidavits shall be set by the Committee on\nPrivileges and Elections of the appropriate house. The Committee may consider\nthe contestant’s and contestee’s recommendations for the procedural\nschedule.\n\nG. The clerk shall refer the notice, answer, petition, reply, depositions, and\naffidavits to the Committee on Privileges and Elections, which documents shall\nconstitute the record in the contest. A failure to comply in timely manner with\nthe filing requirements of subsection B, C, D, or E shall be dispositive of the\ncontest and have the effect of a finding for the opponent of the party failing\nto meet such requirements.\n\t\t\tUnless another committee has been designated by the rules of the house to\nhear contest matters, the Committee on Privileges and Elections shall hear the\ncontest and conduct such investigation as has been directed by resolution of its\nhouse. It shall report its findings and recommendations to the house for its\naction. The committee hearing the contest shall take up the contest no later\nthan its first regularly scheduled meeting occurring after the filing of the\nrecord in the contest.\n\nH. The house, in its judgment, may find for the contestant and declare him\nelected, find for the contestee and confirm his election, or declare the\nelection void and order a writ of election as in other cases of vacancy. If the\nhouse finds a tie vote has occurred, it shall direct a determination by lot in\naccordance with § 24.2-674, but no right to a recount shall be permitted.\nIf the house finds, by a two-thirds vote of the house that the contestant has\nprosecuted the election contest in bad faith, the house may order the contestant\nto pay to the contestee a sum, in addition to the amount of the bond posted\npursuant to subsection B, that is not more than the contestee’s additional\nactual costs of defending against the contest, including, but not limited to,\nreasonable attorneys’ fees, expert witnesses’ fees, and such costs\nas would be taxable in an action at law. A determination to assess costs against\na contestant in excess of the amount of the bond posted pursuant to subsection B\nshall be made only upon the recommendation of the Committee on Privileges and\nElections, or other committee designated in the rules of the house to hear the\ncontest, adopted by the committee by a two-thirds or greater vote of the\ncommittee.\n\nHISTORY: 1981, c. 570, \u00a7 24.1-236.1; 1993, c. 641; 1998, c. 866; 2000, c. 1057;\n2006, c. 292.","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}}