                                 CODE OF VIRGINIA

COSTS OF THE RECOUNT (§ 24.2-802.3)

A. Costs of the recount shall be assessed against the counties and cities
comprising the election district when (i) the candidate petitioning for the
recount is declared the winner; (ii) the petitioners in a recount of a
referendum win the recount; or (iii) there was between the candidate apparently
nominated or elected and the candidate petitioning for the recount a difference
of not more than one-half of one percent of the total vote cast for the two such
candidates as determined by the State Board or electoral board prior to the
recount. Otherwise the costs of the recount shall be assessed against the
candidate petitioning for the recount or the petitioners in a recount of a
referendum. If more than one candidate petitions for a recount, the court may
assess costs in an equitable manner between the counties and cities and any such
candidate if both are liable for costs under this subsection. Costs incurred to
date shall be assessed against any candidate or petitioner who defaults or
withdraws his petition.

B. The court shall appraise the costs of the recount subject to the following
limitations: (i) no per diem payment shall be assessed for salaried election
officials; (ii) no per diem payment to officers of election serving as recount
officials shall exceed two-thirds of the per diem paid such officers by the
county or city for service on election day; and (iii) per diem payments to
alternates shall be allowed only if they serve.

C. Any petitioner who may be assessed with costs under subsection A shall post a
bond with surety with the court in the amount of $10 per precinct in the area
subject to recount. If the petitioner wins the recount, the bond shall not be
forfeit. If the petitioner loses the recount, the bond shall be forfeit only to
the extent of the assessed costs. If the assessed costs exceed the bond, he
shall be liable for such excess.

HISTORY: 2020, c. 886.