What are the rules for recounts and challenge of election results?

In Virginia, the rules for recounts and challenges of election results are outlined in the Virginia Code and regulated by the State Board of Elections. Recounts are available for statewide general and primary elections, and challenges are available for any election. The process of a recount begins after the official canvass of the election results has been completed. The person or party requesting the recount must submit payment of all costs associated with the recount. Additionally, if the recount is for a primary election, the request must include a detailed list of the precincts to be recounted. The party making the request must also provide a written statement of the basis for the recount. When the recount is complete, the State Board of Elections must certify the updated results and inform the circuit court. If the results of the election are changed, the candidate or party requesting the recount must pay the full cost of the recount. The process of challenging an election begins when a party files a petition in the circuit court of the jurisdiction where the election was held. The petitioner must provide a detailed statement of the facts and evidence that form the basis of the challenge. The challenge must be filed within five days of the official canvassing of the election. Once the petition has been filed, the court decides whether an election contest is warranted. If the court finds that a contest is justified, it sets a date for the hearing, which must be held within 21 days of the official canvassing of the election. The court has the authority to set aside the election results and order a new election if the challenge is successful.

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