1VAC20-80-20. Recounts and contested elections.
A. Standards for any recounts or contests requested in the Commonwealth of Virginia shall be governed by Chapter 8 (§ 24.2-800 et seq.) of Title 24.2 of the Code of Virginia.
B. Upon notification by the court that a recount request has
been filed pursuant to § 24.2-801 of the Code of Virginia, the
Board Department of Elections shall promptly transmit to the appropriate
court and electoral board or boards copies of the instructions corresponding to
the types of ballots and equipment used in each county or city involved in the
C. In preparation for the recount and pursuant to § 24.2-802 A of the Code of Virginia, the clerks of the circuit courts shall:
1. Secure all
paper printed ballots and other
election materials in sealed boxes;
2. Place all of the sealed boxes in a vault or room not open to the public or to anyone other than the clerk and his staff;
3. Cause such vault or room to be securely locked except when access is necessary for the clerk and his staff; and
4. Certify that these security measures have been taken in whatever form is deemed appropriate by the chief judge.
D. After a recount has been requested pursuant to § 24.2-801 of the Code of Virginia, and prior to the preliminary hearing specified in § 24.2-802 B of the Code of Virginia, the electoral board of each county or city in which the recount is to be held shall provide the court and all parties to the recount with:
1. The recommended location and number of recount teams needed
paper printed ballots and to redetermine the votes
cast on direct recording electronic devices of the type that prints returns for
the election district at large in which the recount is being held.
2. The recommended location and number of recount teams needed
to insert the ballots read by
an electronic counting device a ballot
scanner machine into one or more counting devices scanners
that have been programmed to count only votes cast for parties to the recount
or for or against the question in a referendum recount. Such machines shall
also be programmed to reject all undervoted and overvoted ballots as required
by § 24.2-802 D of the Code of Virginia. The examination of undervoted and
overvoted ballots may take place at the same location before the votes are
totaled for that precinct, if so directed by the court. If a different team of
officers would be used to examine the undervoted and overvoted ballots, such
teams shall be included in the total number recommended for this item.
3. A complete list of all officers of election who served at
the election to be recounted, with the political party they represented at that
election listed beside their names, the precinct where each officer served,
each officer's address and phone number or numbers, and an indication of which
officers served as chief or assistant chief officers. Such list shall note
recommended recount officials who the court may appoint if the officials and
alternates recommended by the parties to the recount are not of sufficient
number to conduct the recount within a reasonable period. Such list shall be
provided by the local electoral boards for both parties to the recount, or by
Secretary Commissioner of the State Board Department
of Elections in the case of a recount for federal or statewide office or a
statewide ballot issue, prior to the preliminary hearing, or as soon thereafter
as possible, to assist them in preparing their selections of officers to be
recount officials or alternates.
4. A list of the members of the electoral board and the
political parties they represent. Such list shall be provided by the local
electoral boards to both parties to the recount or by the
of the State Board Department of Elections in the case of a
recount for federal or statewide office or a statewide ballot issue.
E. To facilitate the conduct of any pending or expected
recount for a federal or statewide office or statewide ballot issue, the
Commissioner of the State Board Department of Elections
may coordinate the gathering of the recommendations and information from the
electoral boards and provide such recommendations and information to the court
prior to the preliminary hearing specified in § 24.2-802 B of the Code of
Virginia on behalf of the electoral boards. The electoral board of each county
or city in which the recount is to be held shall provide the requested
information to the Secretary Commissioner of the State Board
Department of Elections [ or directly to the court if so
requested ] .
F. Pursuant to § 24.2-802 A of the Code of Virginia, the procedures issued by the State Board of Elections, and any other procedures directed by the court, shall be as uniform as possible throughout the entire district in which the recount is being conducted, given the differences in types of equipment and ballots used in the election.
G. For any [
paper printed ] ballot
that is to be counted manually and can be counted manually, the guidelines
adopted by the State Board of Elections for hand-counting shall be used in
determining the voter's intent ("Ballot Examples for Handcounting Paper or
Paper-Based Ballots for Virginia Elections or Recounts").
H. The State Board of Elections, Department of Elections, and the appropriate electoral boards shall provide any other assistance requested by the court.