                                 CODE OF VIRGINIA

PETITION FOR RECOUNT OF ELECTION FOR PRESIDENTIAL ELECTORS; RECOUNT COURT (§
24.2-801.1)

A. The petition for a recount of an election for presidential electors 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 &#xA7; 24.2-679, but not
thereafter. Presidential candidates who anticipate the possibility of asking for
a recount are encouraged to so notify the State Board by letter as soon as
possible after election day. The petition shall be filed in the Circuit Court of
the City of Richmond. If any presidential candidate is eligible to seek a
recount of the results of the election for presidential electors under &#xA7;
24.2-800 the State Board shall, within 24 hours of the certification of the
results, notify the Circuit Court of the City of Richmond and the Supreme Court
of Virginia (i) that a recount is possible, (ii) which presidential candidate is
eligible to seek a recount, and (iii) of the date the results were certified.
The Circuit Court of the City of Richmond shall make arrangements to receive any
such filing if the office would normally be closed the entire day, or prior to
5:00 p.m., on the second calendar day after the day the State Board certified
the result of the election.

B. The petition shall set forth the results certified by the State Board and
shall request the court to have the ballots in the election recounted.

C. A copy of the petition shall be served on the presidential candidate whose
electors were apparently elected as provided under &#xA7; 8.01-296 and within
five calendar days after the State Board has certified the results of such
election.

D. As soon as a petition is filed, the chief judge of the Circuit Court shall
promptly notify the Chief Justice of the Supreme Court of Virginia, who shall
designate two other judges to sit with the chief judge, and the court shall be
constituted and sit in all respects as a court appointed and sitting under
&#xA7; 24.2-805.

E. Any recount of an election for presidential electors shall be held promptly
and completed, in accordance with the provisions of 3 U.S.C. &#xA7; 5, at least
six days before the time fixed for the meeting of the electors.

HISTORY: 2003, c. 268; 2014, cc. 540, 576; 2016, c. 464; 2020, c. 886.