                                 CODE OF VIRGINIA

CONTEST OF ELECTION TO GENERAL ASSEMBLY (§ 24.2-803)

A. This section applies to any general or special election of members to the
General Assembly.

B. A contest of the election of any member to the General Assembly may be
initiated by an unsuccessful candidate in the election, referred to hereafter as
the contestant.
			To initiate a contest, the contestant shall give written notice, in the
manner provided in subsection D, of his intent to contest the election to the
person or persons apparently elected, referred to hereafter as the contestee,
and to the Clerk of the House of Delegates if he is contesting a House election
or of the Senate if he is contesting a Senate election, no later than thirty
days following the date of the election or three days after the conclusion of a
recount, whichever is later.
			The notice shall state the grounds on which the contestant intends to contest
the election. The grounds shall include (i) objections to the eligibility of the
contestee based on specific allegations, (ii) objections to the conduct or
results of the election accompanied by specific allegations which, if proven
true, would have a probable impact on the outcome of the election, or (iii)
both.
			The notice shall state that an answer by the contestee must be filed with the
clerk of the appropriate house within ten days following service of the notice.
The contestant shall sign and verify the notice by his oath or affirmation.
			At the time of filing the notice, the contestant shall post a bond with
surety with the Clerk of the House of Delegates or Senate, as appropriate, in
the amount of $100 per precinct contained in whole or in part in the district
being contested. If the contestant wins the contest, the bond shall not be
forfeited. If the contestant loses the contest, the bond shall be forfeited to
the extent of the contestee&#8217;s actual and documented costs of defending
against the contest, including, but not limited to, reasonable attorneys&#8217;
fees, expert witnesses&#8217; fees, and such costs as would be taxable in an
action at law. If the assessed costs exceed the bond, the contestant shall be
liable for such excess only pursuant to subsection H.

C. Within ten days after service of the contestant&#8217;s notice on the
contestee, the contestee shall file with the clerk of the appropriate house a
written answer. His answer shall admit or deny the allegations on which the
contestant relies, or state that he has no knowledge or information concerning
an allegation which shall be deemed denial, and state any other defenses, in law
or fact, on which he relies. The contestee shall sign and verify his answer by
his oath or affirmation.

D. The notice of intent to contest shall be filed by the contestant with the
clerk of the appropriate house and copies thereof served by the contestant as
provided under &#xA7; 8.01-296 on each contestee. The answer, petition, and any
reply and copies thereof shall be filed with the appropriate clerk, and copies
shall be served on the opposing party or his counsel, if any, in the manner
prescribed by Rule 1:12 of the Rules of the Supreme Court of Virginia.
			After service of the notice of intent, any party, after reasonable notice to
the other party or parties, shall be authorized to take depositions to sustain
or invalidate the election. The contestant shall complete the taking of
depositions to submit with his petition at any time within twenty days following
the date of the notice of intent to contest the election, and the contestee
shall complete the taking of his depositions within thirty days following the
date of the notice of intent to contest the election. By written stipulation of
the parties, the testimony of any witness may be filed in the form of an
affidavit by the witness within the same time limitations prescribed for the
taking of depositions.
			Subpoenas for witnesses shall be issued by the clerk of the circuit court of
the county or city in which the contestee resides on the application of either
party. Witnesses shall be entitled to the same allowances and privileges, and be
subject to the same penalties, as witnesses summoned to attend the courts.
			Every deposition shall be taken before a person authorized by law to
administer oaths, who shall certify and seal the deposition in the same manner
as in judicial civil proceedings, and file the same with the clerk of the
appropriate house.

E. A written petition shall be filed by the contestant with the clerk of the
appropriate house (i) within ten days following the filing of the notice of
intent to contest the election if the contested election was held at a November
general election and (ii) within ten days following the date of the filing of
the notice of intent to contest the election or within two days following the
commencement of the next session of the General Assembly, whichever is later, if
the election was held on a different date. The contestee may file a written
reply to the petition within five days following its service on him.
			No affidavit may be made a part of, or filed in support of, a petition or
reply thereto unless the affidavit has previously been filed with the clerk of
the appropriate house, pursuant to the written stipulation of the parties or
their counsel, on or before the date established by subsection D for the
completion of the taking of depositions by the proponent of the affidavit.

F. If the election was held during a regular session of the General Assembly,
the times for filing the notice of intent to contest, the answer, petition, and
reply and for taking depositions and affidavits shall be set by the Committee on
Privileges and Elections of the appropriate house. The Committee may consider
the contestant&#8217;s and contestee&#8217;s recommendations for the procedural
schedule.

G. The clerk shall refer the notice, answer, petition, reply, depositions, and
affidavits to the Committee on Privileges and Elections, which documents shall
constitute the record in the contest. A failure to comply in timely manner with
the filing requirements of subsection B, C, D, or E shall be dispositive of the
contest and have the effect of a finding for the opponent of the party failing
to meet such requirements.
			Unless another committee has been designated by the rules of the house to
hear contest matters, the Committee on Privileges and Elections shall hear the
contest and conduct such investigation as has been directed by resolution of its
house. It shall report its findings and recommendations to the house for its
action. The committee hearing the contest shall take up the contest no later
than its first regularly scheduled meeting occurring after the filing of the
record in the contest.

H. The house, in its judgment, may find for the contestant and declare him
elected, find for the contestee and confirm his election, or declare the
election void and order a writ of election as in other cases of vacancy. If the
house finds a tie vote has occurred, it shall direct a determination by lot in
accordance with &#xA7; 24.2-674, but no right to a recount shall be permitted.
If the house finds, by a two-thirds vote of the house that the contestant has
prosecuted the election contest in bad faith, the house may order the contestant
to pay to the contestee a sum, in addition to the amount of the bond posted
pursuant to subsection B, that is not more than the contestee&#8217;s additional
actual costs of defending against the contest, including, but not limited to,
reasonable attorneys&#8217; fees, expert witnesses&#8217; fees, and such costs
as would be taxable in an action at law. A determination to assess costs against
a contestant in excess of the amount of the bond posted pursuant to subsection B
shall be made only upon the recommendation of the Committee on Privileges and
Elections, or other committee designated in the rules of the house to hear the
contest, adopted by the committee by a two-thirds or greater vote of the
committee.

HISTORY: 1981, c. 570, § 24.1-236.1; 1993, c. 641; 1998, c. 866; 2000, c. 1057;
2006, c. 292.