What is the process for recounts and contesting election results?

In Virginia, the election process for recounts and contesting election results is regulated by several state laws and procedures. Recounts are allowed under Virginia election law. If the margin of victory is one percent or less, or if the margin of defeat is fewer than 10 votes, then a candidate can petition for a recount in the state. The candidate makes a petition to the State Board of Elections. If the board finds that the results of the election warrant a recount, then the State Board of Elections grants the petition and arranges for a recount. Contesting election results includes filing a court petition to challenge the accuracy of the election results. The petitioner must show that there was an issue with the voting process that could have had an impact on the outcome. Issues such as the disqualification of valid votes, malfunctioning voting machines, or any other alleged irregularity can be taken to court. The court will review the evidence and either confirm the original results or order a new election. Every election result is certified by the State Board of Elections. This final certification is the ultimate arbiter of the election and serves as the basis for determining the victor. All recounts and challenges to election results must be filed within 10 days of the certification date. In any case, all election results are subject to legal and constitutional challenges. Virginia’s legal process provides a way for all voters to have their voices heard and for the results of an election to be fairly and justly determined.

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