Recount laws in Virginia

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Virginia. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Virginia.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes, the recount can be requested within ten days after certification except that presidential election recounts must be requested within two days after the certification. Required margins vary between candidates on the ballot, write-in candidates, and ballot measures, as described below. There is no deadline for completion except that a presidential election recount must be completed no later than six days before the meeting of the Electoral College.
  • Who pays for a requested recount?
    • Varies. The state pays for candidate-requested recounts where the margin between the requester and the winning candidate is less than or equal to 0.5% of the votes cast for the two candidates. For any other candidate-requested recount and all voter-requested recounts, the requester pays.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome.
  • Can a partial recount be requested?
    • No.

Virginia recount procedures

Automatic recount procedures

Virginia does not require automatic recounts.

Requested recount procedures

Candidate-requested recounts
A candidate may request a recount of his or her race under the following circumstances:[2]

  • Candidate whose name appeared on the ballot: if the margin between the requester and the winning candidate is less than or equal to 1% of the total votes cast for the two candidates.
  • Write-in candidate: if the margin between the write-in requester and the winning candidate is less than or equal to 5% of the total votes cast for the two candidates.

The state covers the cost of a recount if the margin between the requester and the winning candidate is less than or equal to 0.5% of the total votes cast for the two candidates.[3]

Voter-requested recounts
A group of 50 or more voters may request a recount for a ballot measure if the margin between those for and those against the measure is either less than or equal to 50 votes or 1% of the total votes cast on the measure, whichever is greater.[2]

The state does not cover the cost of any voter-requested recount.

All recounts
In instances where the cost of the recount is not covered by the state, the requester is responsible for costs associated with the recount. If the recount changes the outcome of the election, the requester is refunded.[3]

The deadline to request a recount for any election other than the election of presidential electors is no later than 10 days after the certification of results. There is no set deadline for the competition of these requested recounts.[4]

The deadline to request a recount for the election of presidential electors no later than 5:00 p.m. on the second calendar day after the certification of results. Such a recount must be completed at least six days before the meeting of the Electoral College.[5]

For more information about recount procedures in Virginia, click here.

Virginia voting equipment

See also: Voting methods and equipment by state

Virginia uses paper and Direct Recording Electronic (DRE) ballot systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record." [6][7]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Virginia Legislative Information System, "8-24.2-800 to 802.3," accessed October 16, 2020
  2. ↑ 2.0 2.1 Code of Virginia, "§ 24.2-800. Recounts in all elections," accessed Oct. 19, 2020
  3. ↑ 3.0 3.1 Code of Virginia, "§ 24.2-802.3. Costs of the recount," accessed Oct. 19, 2020
  4. ↑ Code of Virginia, "§ 24.2-801. Petition for recount; recount court," accessed Oct. 19, 2020
  5. ↑ Code of Virginia, "§ 24.2-801.1. Petition for recount of election for presidential electors; recount court," accessed Oct. 19, 2020
  6. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  7. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  8. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  9. ↑ A court may order a recount under Arizona law.
  10. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  11. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  12. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  13. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  14. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  15. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  16. ↑ No mention in state law.
  17. ↑ No mention in state law.
  18. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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