Virginia Recounts -- The Basics

A recount is a simple redetermination of all of the votes cast on Election Day. Recount officials are only counting the ballots that were previously cast. A voter's eligibility to vote or any alleged irregularities cannot be called into question during a recount.

In Virginia, there are no automatic recounts. Only the apparent losing candidate can ask for a recount, and only if the difference between the apparent winning and losing candidate is 1% or less of the total votes cast for the two candidates. The apparent loser cannot request a recount until after the election is certified.

The State Board of Elections certifies the election results for all federal offices (Presidential Electors, U.S. Senate and U.S. Congress), state offices (Governor, Lt. Governor, and Attorney General and General Assembly seats) and any offices shared by two or more localities. The State Board of Elections will meet to certify the results of the November 7, 2006 election on Monday, November 27, 2006. An apparent losing candidate has ten days from the certification date to request a recount, so the time frame for filing a request for a recount for this election is November 27, 2006, through December 7, 2006.

An apparent losing candidate requesting a recount of an election for a statewide office must file a petition requesting a recount with the Circuit Court of the City of Richmond. Any candidate requesting a recount for any other office must file a recount petition with the Circuit Court where that candidate is registered to vote.

Local electoral boards certify all other election results for local offices. Each local electoral board meets in the days following the election to canvass and certify these results. Any apparent losing candidate requesting a recount for a local election must file a petition for a recount with the Circuit Court where he or she is registered to vote within ten days after the electoral board certifies the election results. Any local candidate seeking a recount should check with their local general registrar or electoral board to determine the actual date of certification for these local offices.

The Chief Judge of the Circuit Court where the recount petition was filed and two other judges appointed by the Chief Justice of Supreme Court of Virginia make up the recount court. The recount court, according to ? 24.2-802 of the Code of Virginia, outlines all procedures and the manner in which the recount will be conducted for each type of voting equipment used in the Commonwealth of Virginia. This includes appointing recount officials from among the officers of election who served during the election and who are appointed to represent both political parties. In setting the procedures for the recount, the court will also decide if the actual counting of votes cast will take place in the various localities or in a central location. After all of the votes cast are recounted, the court will certify the candidate with the most votes as the winner.

The counties and cities involved in a recount are responsible for paying the costs of the recount if the margin of difference between the apparent winning and losing candidates is a half of a percent or less or the candidate requesting the recount is declared the winner. Otherwise, the candidate who requested the recount must pay the costs of the proceedings.