What is the process for recounts and contesting election results?

In West Virginia, the process for recounts and contesting election results is outlined in the West Virginia Code. Recounts must be requested by a political party, and the state Superintendent of Elections must approve the recount. The county Commission must then arrange for a recount of any ballots, including absentee ballots. All recounts must be completed within 10 days of the original election. Contests of election results must be filed in the Circuit Court of the county in which the election was held. The contest must be filed within 15 days of the original election. The contest must state the election office in the contest, any errors or irregularities, and the grounds for the contest. The contestee must file an answer with the court. The court may hold hearings and may request additional evidence from the political parties. The court may order a new election, certify the election results, or take any other action deemed necessary. Any new election must be held within 60 days of the date of the decision. If the court certifies the election, any party may appeal the decision to the West Virginia Supreme Court. The Supreme Court may order a new election, certify the election results, or take any other action deemed necessary.

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