{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-805.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-805.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-805.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-805.html"}],"law_id":80204,"edition_id":1,"section_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","history":"Code 1950, \u00a7 24-393; 1952, c. 489; 1970, c. 462, \u00a7 24.1-238; 1981, c. 570; 1993, c. 641; 2003, c. 268.","full_text":"In an election of electors for the President and Vice President of the United States, or a primary for the United States Senate or any statewide office, the proceeding to contest shall be in the Circuit Court of the City of Richmond before a special court composed of the chief judge of such circuit court and two circuit court judges of circuits not contiguous to the City of Richmond appointed by the Chief Justice of the Supreme Court of Virginia, or, in the event of his inability to act, then by the next senior justice, who shall at the time of appointment set the date for trial.\n\t\tIf the chief judge of the Circuit Court of the City of Richmond is absent, unable to sit in the proceeding, or recuses himself, the clerk of the court shall at once certify that fact to the Chief Justice. Then the Chief Justice or the associate justice acting in his stead shall appoint a third judge, who shall be, if possible, a judge of the Circuit Court of the City of Richmond or an adjoining circuit.\n\t\tNotwithstanding any provision of this chapter to the contrary: (i) notice of the intent to contest an election of electors for the President and Vice President of the United States 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 \u00a7 24.2-679, but not thereafter; (ii) a copy of the complaint shall be served by the contestant as provided under \u00a7 8.01-296 on each contestee and within five calendar days after the Board has certified the results of such election, otherwise the complaint shall not be valid; (iii) the contestee’s answer shall be filed within five calendar days after the complaint is served on him; (iv) the contest shall not wait upon the results of any recount; and (v) the proceedings shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. \u00a7 5, at least six days before the time fixed for the meeting of the electors.","order_by":null,"text":{"0":{"id":287113,"text":"In an election of electors for the President and Vice President of the United States, or a primary for the United States Senate or any statewide office, the proceeding to contest shall be in the Circuit Court of the City of Richmond before a special court composed of the chief judge of such circuit court and two circuit court judges of circuits not contiguous to the City of Richmond appointed by the Chief Justice of the Supreme Court of Virginia, or, in the event of his inability to act, then by the next senior justice, who shall at the time of appointment set the date for trial.\n\t\tIf the chief judge of the Circuit Court of the City of Richmond is absent, unable to sit in the proceeding, or recuses himself, the clerk of the court shall at once certify that fact to the Chief Justice. Then the Chief Justice or the associate justice acting in his stead shall appoint a third judge, who shall be, if possible, a judge of the Circuit Court of the City of Richmond or an adjoining circuit.\n\t\tNotwithstanding any provision of this chapter to the contrary: (i) notice of the intent to contest an election of electors for the President and Vice President of the United States 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 \u00a7 24.2-679, but not thereafter; (ii) a copy of the complaint shall be served by the contestant as provided under \u00a7 8.01-296 on each contestee and within five calendar days after the Board has certified the results of such election, otherwise the complaint shall not be valid; (iii) the contestee’s answer shall be filed within five calendar days after the complaint is served on him; (iv) the contest shall not wait upon the results of any recount; and (v) the proceedings shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. \u00a7 5, at least six days before the time fixed for the meeting of the electors.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-805\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1952, chapter 489; in 1970, chapter 462; in 1981, chapter 570; in 1993, chapter 641; in 2003, chapter 268<\/a>.<\/p>","references":[{"id":56470,"section_number":"24.2-801","catch_line":"Petition for recount; recount court","order_by":null,"url":"\/24.2-801\/"},{"id":72272,"section_number":"24.2-807","catch_line":"Contest only on complaint of unsuccessful party; contents of complaint","order_by":null,"url":"\/24.2-807\/"},{"id":78511,"section_number":"24.2-814","catch_line":"Contest following recount","order_by":null,"url":"\/24.2-814\/"}],"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":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":188995,"object_type":"law","relational_id":80204,"identifier":"24.2-805","token":"24.2\/8\/2\/24.2-805","url":"\/24.2-805\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-805\/","token":"24.2\/8\/2\/24.2-805","dublin_core":{"Title":"Contest of elections of electors for President and Vice President or primaries for United States Senate or statewide office","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-805","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In an election<\/span> of electors for the President and Vice President of the United States, or a primary<\/span> for the United States Senate or any statewide office, the proceeding to contest shall be in the Circuit<\/span> Court<\/span> of the City of Richmond before a special court<\/span> composed of the chief judge<\/span> of such circuit<\/span> court<\/span> and two circuit<\/span> court<\/span> judges<\/span> of circuits<\/span> not contiguous to the City of Richmond appointed by the Chief Justice of the Supreme Court<\/span> of Virginia, or, in the event of his inability to act, then by the next senior justice, who shall at the time of appointment set the date for trial<\/span>.\n\t\tIf the chief judge<\/span> of the Circuit<\/span> Court<\/span> of the City of Richmond is absent, unable to sit in the proceeding, or recuses<\/span> himself, the clerk of the court<\/span> shall at once certify that fact<\/span> to the Chief Justice. Then the Chief Justice or the associate justice acting in his stead shall appoint a third judge, who shall be, if possible, a judge of the Circuit<\/span> Court<\/span> of the City of Richmond or an adjoining circuit<\/span>.\n\t\tNotwithstanding any provision of this chapter to the contrary: (i) notice of the intent<\/span> to contest an election<\/span> of electors for the President and Vice President of the United States 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 \u00a7 24.2-679<\/a>, but not thereafter; (ii) a copy of the complaint shall be served by the contestant as provided under \u00a7 8.01-296<\/a> on each contestee and within five calendar days after the Board has certified the results of such election<\/span>, otherwise the complaint shall not be valid; (iii) the contestee’s answer shall be filed within five calendar days after the complaint is served on him; (iv) the contest shall not wait upon the results of any recount; and (v) the proceedings shall be held promptly and completed, in accordance with the provisions of 3 U.S.C. \u00a7 5, at least six days before the time fixed for the meeting of the electors.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTEST OF ELECTIONS OF ELECTORS FOR PRESIDENT AND VICE PRESIDENT OR PRIMARIES\nFOR UNITED STATES SENATE OR STATEWIDE OFFICE (\u00a7 24.2-805)\n\nIn an election of electors for the President and Vice President of the United\nStates, or a primary for the United States Senate or any statewide office, the\nproceeding to contest shall be in the Circuit Court of the City of Richmond\nbefore a special court composed of the chief judge of such circuit court and two\ncircuit court judges of circuits not contiguous to the City of Richmond\nappointed by the Chief Justice of the Supreme Court of Virginia, or, in the\nevent of his inability to act, then by the next senior justice, who shall at the\ntime of appointment set the date for trial.\n\t\tIf the chief judge of the Circuit Court of the City of Richmond is absent,\nunable to sit in the proceeding, or recuses himself, the clerk of the court\nshall at once certify that fact to the Chief Justice. Then the Chief Justice or\nthe associate justice acting in his stead shall appoint a third judge, who shall\nbe, if possible, a judge of the Circuit Court of the City of Richmond or an\nadjoining circuit.\n\t\tNotwithstanding any provision of this chapter to the contrary: (i) notice of\nthe intent to contest an election of electors for the President and Vice\nPresident of the United States shall be filed no later than 5:00 p.m. on the\nsecond calendar day after the day the State Board certifies the result of the\nelection under \u00a7 24.2-679, but not thereafter; (ii) a copy of the complaint\nshall be served by the contestant as provided under \u00a7 8.01-296 on each\ncontestee and within five calendar days after the Board has certified the\nresults of such election, otherwise the complaint shall not be valid; (iii) the\ncontestee’s answer shall be filed within five calendar days after the\ncomplaint is served on him; (iv) the contest shall not wait upon the results of\nany recount; and (v) the proceedings shall be held promptly and completed, in\naccordance with the provisions of 3 U.S.C. \u00a7 5, at least six days before the\ntime fixed for the meeting of the electors.\n\nHISTORY: Code 1950, \u00a7 24-393; 1952, c. 489; 1970, c. 462, \u00a7 24.1-238; 1981, c.\n570; 1993, c. 641; 2003, c. 268.","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}}