CHAPTER 637

An Act to amend and reenact § 24-277.2 of the Code of Virginia, relating
to recount of ballots in elections for certain State, county, city and

town officers.
[H 833]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. ‘ fon: § 24-277.2 of the Code of Virginia be amended and reenacted
as follows:

§ 24-277.2. When, in any primary, special or general election for
the offices of State Senate, House of Delegates, attorney for the Common-
wealth, clerk of court, city attorney, commissioner of the revenue, treas-
urer, board of supervisors, city collector, city sergeant or county sheriff
there is, between the candidate apparently nominated or elected and the
candidate or candidates receiving the next higher number of votes, a
difference of not more than one per centum of the total vote cast in the
said election for the two such candidates, or, in an election for members
of a board of supervisors, there are less than five hundred votes cast
the magisterial district and there is a difference of not more than five
votes in the total vote for the two such candidates the candidate or
candidates receiving the next higher number of votes may appeal from
the determination of the commissioners for a recount of the ballots;
application for a recount shall be made within ten days from the day
the commissioners ascertain the result of the election and have reduced
the result to writing and signed the same under § 24-272, but not there-
after. Such appeal shall be by petition filed in the circuit or corpora-
tion court of any city or county comprising a part of the district from
which the said official is elected. The petition shall set forth the results so
found by the commissioners and shall request the court to have the ballots
in such election recounted. A copy of the petition shall be served on the
candidate apparently nominated or elected in the same way a notice is
served under § 8-51 and within ten days after the commissioners have
determined the results of such election. Upon filing of any such petition
the judge of the court in which the same is filed shall notify the Chief
Justice of the Supreme Court of Appeals who shall thereupon designate
two other judges to sit with the first judge and such court shall be con-
Ser aa and sit in all respects as a court appointed and sitting under

§ 2 .

The clerks of the courts in the election district shall deliver to the
court so constituted all ballots cast at the election for such candidates. The
court shall recount the ballots, or supervise the recount, certify the results
of the recount to the State Board of Elections and assess costs of such
proceeding in such a manner as to it shall seem proper.

' The court shall stay the action of any electoral official or officials in
rita with the outcome of the election, pending the recount by the
co