                                 CODE OF VIRGINIA

CONTEST OF ELECTION (§ 15.2-1654)

Returns in such election shall be subject to the inquiry, determination and
judgment of the circuit court for the county in which the election is held, upon
complaint of fifteen or more voters of the county 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 oath that the facts 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 circuit court for the county in which such election is held. Notice of
contest, stating that the complaint has been filed in the clerk&#8217;s office,
shall be given by posting the same at the courthouse door and at two or more
public places in the county, and by publishing it once a week for two successive
weeks in some newspaper published in the county or, if there is none so
published, then in some newspaper having general circulation in the county. The
time and place of taking depositions, if any, shall be stated in the notice,
which shall entitle the parties giving the notice to take the depositions to be
read as evidence 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 circuit court clerk&#8217;s office an answer
to the complaint, in which any of the allegations 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 depositions, 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 allegations of the complaint, but the persons making
the same shall prove the allegations thereof to the satisfaction of the court.
The circuit court for the county in which the election is held, after the
expiration of thirty days from the election, shall proceed to pass upon the
complaint without a jury, on such depositions as may have been taken under the
notices aforesaid, and upon such other legal testimony as may be adduced by
either party at the hearing of the case. In judging such election and return,
the court shall proceed on the merits thereof and decide the same on the
Constitution and laws and according to the right of the case and shall enter
such order as will carry its decision into full and complete effect. The
judgment of the court shall be final.

HISTORY: Code 1950, § 15-53; 1962, c. 623, § 15.1-569; 1997, c. 587.