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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60616</law_id><section_number>24.2-802.1</section_number><catch_line>Preliminary hearing; court to fix procedure for recount, appoint officers, and supervise the recount</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="8">Recounts and Contested Elections</unit><unit label="article" level="3" order_by="1" identifier="1">Recounts</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Within seven calendar days of the filing of the <span class="dictionary">petition</span> for a recount of any <span class="dictionary">election</span> other than an <span class="dictionary">election</span> for presidential electors, or within five calendar days of the filing of a <span class="dictionary">petition</span> for a recount of an <span class="dictionary">election</span> for presidential electors, the <span class="dictionary">chief judge</span> of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall call a <span class="dictionary">preliminary hearing</span> at which (i) <span class="dictionary">motions</span> may be disposed of and (ii) the rules of procedure may be fixed, both subject to review by the full <span class="dictionary">court</span>. The petitioner and his <span class="dictionary">counsel</span> and each other <span class="dictionary">party</span> and their <span class="dictionary">counsel</span> under supervision of the <span class="dictionary">electoral board</span> and its agents shall have access to pollbooks and other <span class="dictionary">materials</span> used in the <span class="dictionary">election</span> for examination purposes, provided that individual ballots cast in the <span class="dictionary">election</span> shall not be examined at the <span class="dictionary">preliminary hearing</span>. The <span class="dictionary">chief judge</span> during the <span class="dictionary">preliminary hearing</span> shall review all security measures taken for all ballots and <span class="dictionary">voting systems</span> and direct, as he deems necessary, all appropriate measures to ensure proper security to conduct the recount.
			The <span class="dictionary">chief judge</span>, subject to review by the full <span class="dictionary">court</span>, may set the place for the recount and may <span class="dictionary">order</span> the delivery of <span class="dictionary">election</span> <span class="dictionary">materials</span> to a central location and the transportation of <span class="dictionary">voting systems</span> to a central location in each county or city under appropriate safeguards. These safeguards shall include prohibiting any person from knowingly possessing any firearm as defined in &#xA7; <a class="law" title="Criminal history record information check required for the transfer of certain firearms" href="/18.2-308.2_2/">18.2-308.2:2</a> within 40 feet of any building or part thereof used as the place for the recount, unless such person is (a) any <span class="dictionary">law</span>-enforcement officer or any retired <span class="dictionary">law</span>-enforcement officer qualified pursuant to subsection C of &#xA7; <a class="law" title="Retired law-enforcement officers; carrying a concealed handgun" href="/18.2-308.016/">18.2-308.016</a>; (b) occupying his own private property that falls within 40 feet of a <span class="dictionary">polling place</span>; or (c) an armed security officer, licensed pursuant to Article 4 (&#xA7; <a class="law" title="Definitions" href="/9.1-138/">9.1-138</a> et seq.) of Chapter 1 of Title 9.1, whose employment or performance of his duties occurs within 40 feet of any building, or part thereof, used as a place for the recount. <a id="paragraph-221546" class="section-permalink" href="https://vacode.org/24.2-802.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> After the full <span class="dictionary">court</span> is appointed under &#xA7; <a class="law" title="Petition for recount; recount court" href="/24.2-801/">24.2-801</a> or <a class="law" title="Petition for recount of election for presidential electors; recount court" href="/24.2-801.1/">24.2-801.1</a>, it shall call a hearing at which all <span class="dictionary">motions</span> shall be disposed of and the rules of procedure shall be fixed finally, and it shall <span class="dictionary">issue</span> a written <span class="dictionary">order</span> setting out such rules of procedure. The <span class="dictionary">court</span> shall call for the advice and cooperation of the <span class="dictionary">Department</span>, the <span class="dictionary">State Board</span>, or any <span class="dictionary">local electoral board</span>, as appropriate, and such <span class="dictionary">boards</span> or agency shall have the duty and authority to assist the <span class="dictionary">court</span>. The <span class="dictionary">court</span> shall fix any additional procedures, that are not provided for in this chapter, that shall provide for the accurate counting of votes in the election. The recount procedures to be followed throughout the <span class="dictionary">election district</span> shall be as uniform as practicable, taking into account the types of ballots and <span class="dictionary">voting systems</span> in use in the <span class="dictionary">election district</span>. <a id="paragraph-221547" class="section-permalink" href="https://vacode.org/24.2-802.1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> The <span class="dictionary">court</span> shall permit each <span class="dictionary">candidate</span>, or petitioner and governing body or chief executive officer, to select an equal number of the officers of election to be recount officials and to count <span class="dictionary">printed ballots</span>. The number shall be fixed by the <span class="dictionary">court</span> and be sufficient to conduct the recount within a reasonable period. The <span class="dictionary">court</span> may permit each <span class="dictionary">party</span> to the recount to submit a list of alternate officials in the number the <span class="dictionary">court</span> directs. There shall be at least one team from each locality using <span class="dictionary">ballot scanner machines</span> to insert the ballots into one or more scanners. Each team shall be composed of one representative of each <span class="dictionary">party</span>.
			The <span class="dictionary">court</span> may provide that if, at the time of the recount, any recount official fails to appear, the remaining recount officials present shall appoint substitute recount officials who shall possess the same qualifications as the recount officials for whom they substitute. The <span class="dictionary">court</span> may select pairs of recount coordinators to serve for each county or city in the <span class="dictionary">election district</span> who shall be members of the county or city electoral board and represent different political parties. The <span class="dictionary">court</span> shall have authority to summon such officials and coordinators. On the request of any <span class="dictionary">party</span> to the recount, the <span class="dictionary">court</span> shall allow that <span class="dictionary">party</span> to appoint one representative observer for each team of recount officials. The representative observers shall have an unobstructed view of the work of the recount officials. The expenses of its representatives shall be borne by each <span class="dictionary">party</span>. <a id="paragraph-221548" class="section-permalink" href="https://vacode.org/24.2-802.1/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The <span class="dictionary">court</span> (i) shall supervise the recount and (ii) may require delivery of any or all pollbooks used and any or all ballots cast at the election, or may assume supervision thereof through the recount coordinators and officials. <a id="paragraph-221549" class="section-permalink" href="https://vacode.org/24.2-802.1/#D"><i class="fa fa-link"/></a></p></section></text><history>2020, c. 886; 2021, Sp. Sess. I, c. 459.</history><metadata></metadata></law>
