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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63752</law_id><section_number>15.2-1654</section_number><catch_line>Contest of election</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-1644</reference><reference>15.2-1649</reference><reference>4.1-127</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="16">Local Constitutional Officers, Courthouses and Supplies</unit><unit label="article" level="4" order_by="1" identifier="8">Courthouses</unit></structure><text>
						<section><p>Returns in such election shall be subject to the inquiry, determination and <span class="dictionary">judgment</span> of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the <span class="dictionary">county</span> in which the election is held, upon complaint of fifteen or more <span class="dictionary">voters</span> of the <span class="dictionary">county</span> of an undue election or false return. The complaint shall fully set out the grounds of contest and, if any votes were improperly received or rejected, shall give a list of such votes, with objections to the action of the election officials in receiving or rejecting the same. Two of the persons making the complaint shall take and subscribe an <span class="dictionary">oath</span> that the <span class="dictionary">facts</span> therein stated are true to the best of their knowledge and belief. The complaint shall be filed in the office of the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the <span class="dictionary">county</span> in which such election is held. Notice of contest, stating that the complaint has been filed in the clerk&#x2019;s office, shall be given by posting the same at the courthouse door and at two or more public places in the <span class="dictionary">county</span>, and by publishing it once a week for two successive weeks in some newspaper published in the <span class="dictionary">county</span> or, if there is none so published, then in some newspaper having general circulation in the <span class="dictionary">county</span>. The time and place of taking <span class="dictionary">depositions</span>, if any, shall be stated in the notice, which shall entitle the parties giving the notice to take the <span class="dictionary">depositions</span> to be read as <span class="dictionary">evidence</span> in the contest. The complaint shall be filed and notice given within ten days after the election, otherwise the complaint shall not be valid. Any one or more persons who voted at such removal election may, within thirty days from the election, file in the <span class="dictionary">circuit</span> <span class="dictionary">court</span> clerk&#x2019;s office an answer to the complaint, in which any of the <span class="dictionary">allegations</span> of the complaint may be denied, and any statement made going to show the regularity of the old election, and the propriety of the action of the election officials in receiving or rejecting the votes set out in the complaint, and a list of the votes he or they will dispute. If the respondents desire to take <span class="dictionary">depositions</span>, notice thereof shall be given to any one or more of the persons signing the complaint. If no answer is filed to the complaint within thirty days from the election, no one shall be heard to deny the <span class="dictionary">allegations</span> of the complaint, but the persons making the same shall prove the <span class="dictionary">allegations</span> thereof to the satisfaction of the <span class="dictionary">court</span>. The <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the <span class="dictionary">county</span> in which the election is held, after the expiration of thirty days from the election, shall proceed to pass upon the complaint without a <span class="dictionary">jury</span>, on such <span class="dictionary">depositions</span> as may have been taken under the notices aforesaid, and upon such other legal <span class="dictionary">testimony</span> as may be adduced by either <span class="dictionary">party</span> at the <span class="dictionary">hearing</span> of the case. In judging such election and return, the <span class="dictionary">court</span> shall proceed on the merits thereof and decide the same on the Constitution and <span class="dictionary">laws</span> and according to the right of the case and shall enter such <span class="dictionary">order</span> as will carry its decision into full and complete effect. The <span class="dictionary">judgment</span> of the <span class="dictionary">court</span> shall be final.</p></section></text><history>Code 1950, &#xA7; 15-53; 1962, c. 623, &#xA7; 15.1-569; 1997, c. 587.</history><metadata></metadata></law>
