Recounts in candidate races are available when the margin between the first and second candidate is one percent or less. Va. Code Ann. § 24.2-800(B). They are not automatic. Va. Code Ann. § 24.2-800(B). A losing candidate must file a petition to initiate a recount. Va. Code Ann. § 24.2-800(B). **This must be done either in the Circuit Court of the City of Richmond (for statewide offices) or in the challenged candidate’s local Circuit Court for any other office. Va. Code Ann. § 24.2-801(A). Members of the applicable Circuit Court review these petitions and oversee the recount as the “recount court.” Va. Code Ann. § 24.2-801(D).
The State Board of Elections promulgates standards for conducting recounts. Va. Code Ann. § 24.2-802(A),(B). These standards include step-by-step instructions for conducting the recount and ballot examples for hand-counting printed ballots. 1 VAC 20-80-20(F),(G); “GREB Ch 15” at 6; see “Ballot Examples.”
The Chief Judge of the Circuit Court and the full recount court oversee recounts and resolve disputes over the application of standards. Va. Code Ann. § 24.2-802(D). They also ensure the proper conduct of recounts, consistent with State Board of Elections standards. Va. Code Ann. § 24.2-802(D).
A losing candidate whose vote total is one percent or less below the candidate with the most votes can petition for a recount. [1] Va. Code Ann. § 24.2-800(B).
The losing candidate must file a petition for a recount within 10 days of the race’s certification by the State Board of Elections or the City or County Electoral Board (in the case of county or town offices). Va. Code Ann. § 24.2-801(A).