                                 CODE OF VIRGINIA

CONTEST OF ELECTIONS OF ELECTORS FOR PRESIDENT AND VICE PRESIDENT OR PRIMARIES
FOR UNITED STATES SENATE OR STATEWIDE OFFICE (§ 24.2-805)

In an election of electors for the President and Vice President of the United
States, or a primary for the United States Senate or any statewide office, the
proceeding to contest shall be in the Circuit Court of the City of Richmond
before a special court composed of the chief judge of such circuit court and two
circuit court judges of circuits not contiguous to the City of Richmond
appointed by the Chief Justice of the Supreme Court of Virginia, or, in the
event of his inability to act, then by the next senior justice, who shall at the
time of appointment set the date for trial.
		If the chief judge of the Circuit Court of the City of Richmond is absent,
unable to sit in the proceeding, or recuses himself, the clerk of the court
shall at once certify that fact to the Chief Justice. Then the Chief Justice or
the associate justice acting in his stead shall appoint a third judge, who shall
be, if possible, a judge of the Circuit Court of the City of Richmond or an
adjoining circuit.
		Notwithstanding any provision of this chapter to the contrary: (i) notice of
the intent to contest an election of electors for the President and Vice
President of the United States 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 § 24.2-679, but not thereafter; (ii) a copy of the complaint
shall be served by the contestant as provided under § 8.01-296 on each
contestee and within five calendar days after the Board has certified the
results of such election, otherwise the complaint shall not be valid; (iii) the
contestee&#8217;s answer shall be filed within five calendar days after the
complaint is served on him; (iv) the contest shall not wait upon the results of
any recount; and (v) the proceedings shall be held promptly and completed, in
accordance with the provisions of 3 U.S.C. § 5, at least six days before the
time fixed for the meeting of the electors.

HISTORY: Code 1950, § 24-393; 1952, c. 489; 1970, c. 462, § 24.1-238; 1981, c.
570; 1993, c. 641; 2003, c. 268.