CHAPTER 100

An Act to amend the Code of Virginia by adding sections numbered
24-277.2 and 24-277.3, to provide for a recount of the ballots in gen-
eral, special or primary elections for the offices of State Senate,
House of Delegates, Clerk of Court, Attorney for the Commonwealth,
City Attorney, Commissioner of the Revenue, Treasurer, City Col-
lector, City Sergeant and County Sheriff, and to prescribe the proce-
dure in such cases.

[H 98]

Approved February 23, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
24-277.2 and 24-277.3, 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,
Treasurer, City Collector, City Sergeant or County Sheriff there is, be-
tween 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, the candidate or candidates receiving the next
higher number of votes may appeal from the determination of the commis-
sioners 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 thereafter. Such appeal shall be by petition filed in the
circuit or corporation 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 the 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 desig-
nate two other judges to sit with the first judge and such court shall be
even and sit in all respects as a court appointed and sitting under

24-431.

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
connection with the outcome of the election, pending the recount by the
court.

§ 24-277.3. Under §§ 24-277.1 and 24-277.2 the court shall summons
all the chief judges of the election to appear at the recount if the recount
is not to be made by the court. The court shall then permit each candidate
to select an equal number of the chief judges of the election to physically
count the ballots. There shall be at least two separate teams who shall act
independently of each other and who shall proceed to recount the several
precincts in their numerical or alphabetical order as the case may be. Each
ream shall be composed of an equal number of the chief judges of elections
selected by each party. At the conclusion of the count of each precinct the
persons performing the recount shall write down the number of valid bal-
ots cast for each candidate and submit the ballots, as to the validity of
which questions exist, to the court. At the conclusion of the recount of all
precincts the court shall rule on the validity of all questioned ballots and
oxy an appropriate order certify to the clerk of court and the other appro-
priate authorities the vote of each of the nominees and candidates and
Jeclare the persons who receive the higher number of the votes to be the
nominee or nominees or elected official or officials.