24.2-801.1 - Petition for recount of election for presidential electors; recount court.
§ 24.2-801.1. Petition for recount of election for presidential electors;recount court.
The petition for a recount of an election for presidential electors shall befiled no later than 5:00 p.m. on the second calendar day after the day theState Board certifies the result of the election under § 24.2-679, but notthereafter. Presidential candidates who anticipate the possibility of askingfor a recount are encouraged to so notify the State Board by letter as soonas possible after election day. The petition shall be filed in the CircuitCourt of the City of Richmond. If any presidential candidate is eligible toseek a recount of the results of the election for presidential electors under§ 24.2-800 the State Board shall, within 24 hours of the certification of theresults, notify the Circuit Court of the City of Richmond and the SupremeCourt of Virginia (i) that a recount is possible, (ii) which presidentialcandidate is eligible to seek a recount, and (iii) of the date the resultswere certified. The Circuit Court of the City of Richmond shall makearrangements to receive any such filing if the office would normally beclosed the entire day, or prior to 5:00 p.m., on the second calendar dayafter the day the State Board certified the result of the election.
The petition shall set forth the results certified by the Board and shallrequest the court to have the ballots in the election recounted or, in thecase of mechanical or direct electronic voting devices, the vote redetermined.
A copy of the petition shall be served on the presidential candidate whoseelectors were apparently elected as provided under § 8.01-296 and within fivecalendar days after the Board has certified the results of such election.
As soon as a petition is filed, the chief judge of the Circuit Court shallpromptly notify the Chief Justice of the Supreme Court of Virginia, who shalldesignate two other judges to sit with the chief judge, and the court shallbe constituted and sit in all respects as a court appointed and sitting under§ 24.2-805.
Any recount of an election for presidential electors shall be held promptlyand completed, in accordance with the provisions of 3 U.S.C. § 5, at leastsix days before the time fixed for the meeting of the electors.
(2003, c. 268.)