Election Law @ Moritz

Recent Opinion Articles

Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

Information and Analysis

Recount in Virginia at Least 3 Weeks Away

Print Page

November 8, 2006

Before any recount can occur in Virginia, the election results must be certified. This process begins on election night with the local poll workers preparing the statement of the results in their precinct, which must be conveyed to the clerk of the circuit court by noon on the day following the election, along with ballots and other records. V.C.A. 24.2-668. Each local electoral board then is required to meet by 5:00 p.m. on that day to begin the process of opening the statements of results and ascertaining the overall results, which they must conclude within seven calendar days of the election. V.C.A. 24.2-671. The electoral boards then forward these results to the State Board. V.C.A. 24.2-675. The State Board then is required to meet on the fourth Monday in November, or November 27 this year, to examine the results from the electoral boards, and may adjourn from day to day for up to three days to complete the final certification of the winners. V.C.A. 24.2-679. A petition for a recount must await this final certification, and then must be filed within ten days. V.C.A. 24.2-801.