Code Section
Virginia > Title 24.2 Elections > Recounts And Contested Elections Article 2. Contested Elections

§ 24.2-810 Taking depositions and deciding contests

Overview of Statute

Parties are authorized to take depositions to sustain or invalidate the election. The court shall judge a contest on the merits thereof and not in front of a jury.


After service of a copy of the complaint and after reasonable notice to the other party or parties, any party shall be authorized to take depositions to sustain or invalidate the election. The proceedings shall take precedence over all other business of the court or of any of the judges and shall be heard and determined as soon as possible. The contest shall be heard and determined without a jury, on the testimony thus taken and on any other legal testimony that may be adduced by any party. In judging the contest, the court shall proceed on the merits thereof and decide the same according to the Constitution and statutes of the Commonwealth.

Code 1950, § 24-436; 1952, c. 489; 1970, c. 462, § 24.1-243; 1981, c. 570; 1993, c. 641 .

Definition [Party]

An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

See § 24.2-101.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.


Virginia Cases

Out-of-State Cases

Federal Cases

Additional Resources

Useful Links

  • Virginia Election Recounts and Contests -- The Basics (Updated Nov. 2015) (View PDF)