Virginia Recount Laws
This information was updated 11/2/2020.
Paper Ballot (hand marked paper ballots, ballot marking devices for accessibility)
For more details, visit Verified Voting.
Mix of hand count and retabulation
Paper ballots initially counted by hand will again be recounted by hand. Additional ballots to be counted by hand include ballots tabulated by optical scanners that contain “write-in votes, overvotes, and undervotes,” and “any ballots not accepted by the tabulator, and any ballots for which a tabulator could not be programmed to meet the programming requirements.” However, all other ballots tabulated by optical scanners are retabulated by machine. Automatic tabulators must be tested prior to retabulation and for recounts are set to count the votes only for the office or initiative in question. There can be only one "redetermination of the vote" in each precinct. “The recount proceeding shall be final and not subject to appeal.” Virginia Code (VA Code) 24.2-802.2(D) & (G).
Close vote margin
Candidate-initiated
Voter-initiated
Less than or equal to 0.5%
Initiated by request
When there is a difference of not more than one-half of one percent between the candidate apparently nominated or elected and the candidate petitioning for the recount, the petitioner is entitled to a taxpayer funded recount. VA Code 24.2-802.3(A). Candidates are required to petition the appropriate circuit court for the recount. VA Code 24.2-801.
Timing: VA Code 24.2-801 and 24.2-802.1. For a recount of election of presidential electors see VA Code 24.2-801.1.
Close vote margin required
Any defeated candidate in any election may petition for a recount if the difference between the apparent winning candidate and the apparent defeated candidate falls within the close-vote margin requirement of not more than one percent of the total vote cast for the two candidates. The close-vote margin increases for recounts involving write-in candidates. When there is between any write-in candidate apparently nominated or elected and any candidate apparently defeated, or between any candidate apparently nominated or elected and any write-in candidate apparently defeated, a difference of not more than five percent of the total vote cast for the two such candidates, the defeated candidate may petition for a recount. VA Code 24.2-800(B).
Timing: VA Code 24.2-801 and 24.2-802.1. For a recount of election of presidential electors see VA Code 24.2-801.1.
Close vote margin required
Voters may request recounts for initiatives/questions
A minimum of 50 voters, qualified to vote on the ballot question, is required to petition for a recount. There is a close vote margin requirement: the difference between the votes for and against a ballot question must be not more than fifty votes or not more than one percent of the total votes cast on the question, whichever is greater. VA Code 24.2-800(C).
Timing: VA Code 24.2-801.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Recount petitioners must post a $10 per precinct bond, to be refunded if the recount alters the election outcome in their favor. If the petitioner loses the recount, the bond is forfeit to the extent of the assessed costs, and if the assessed costs exceed the bond, the petitioner is liable for all the assessed costs. When the vote margin, prior to the recount, between the petitioner and the candidate apparently nominated or elected is not more than 0.5%, then the petitioner is not required to post bond and the costs of the recount are assessed against the counties and cities comprising the election district. VA Code 24.2-802.3.
Initiator pays set or per jurisdiction fee
Initiator pays deposit or bond before recount
Payer of costs depends on outcome of recount
Recount petitioners must post a $10 per precinct bond, to be refunded if the recount alters the election outcome in their favor. If the petitioner loses the recount, the bond is forfeit to the extent of the assessed costs, and if the assessed costs exceed the bond, the petitioner is liable for all the assessed costs. VA Code 24.2-802.3.
Party/candidate or initiator has statutory authority to appoint observers
Each candidate, or petitioner and governing body or chief executive officer may to select an equal number of the officers of election to be recount officials and to count printed ballots. Upon request, any party to the recount is allowed to appoint one observer for each team of recount officials. VA Code 24.2-802.1(C).
Ballots may be challenged by the recount officials during the recount. These challenged ballots are reviewed by representatives of the campaigns and election officials, and any unresolved issues are ultimately decided by the chief judge of the circuit court or the full recount court. Observers are not able to challenge ballots. See the Recounts: Step by Step Instructions (pp. 5-6, 20) and VA Code 24.2-802.
The Recount: Step by Step Instructions (p.6) state that “the news media and the general public may also be in the room, but are not allowed to handle any official materials or disturb the proceedings in any way.”
Statutory guidance provided
Secretary of State or Election Board responsible for defining intent
The State Board of Elections is responsible for standards for determining voter intent. VA Code 24.2-802(A). In addition, the Virginia Administrative Code state that for "any paper ballot that is to be counted manually and can be counted manually, the guidelines adopted by the State Board of Elections for hand-counting shall be used in determining the voter's intent.” 1VAC20-80-20(G).
The detailed guidelines from the State Board of Elections are available in the publication:"Ballot Examples: Handcounting Printed Ballots for Virginia Elections or Recounts." Additional guidelines for determining a valid vote can be found in VA Code 24.2-644.
This information was updated 11/2/2020 using the Code of Virginia available here.