What is the process of recounts and challenge of election results?

In Virginia, recounts and challenges of election results are handled by the State Board of Elections. It is instructed to examine the accuracy of the election results through the use of a Recount and Contest process. The recount process begins with a request by any registered voter or candidate to the local electoral board in the county or city in which the election was held. This petition must be made within three days of the canvass of the results. During the recount, the local electoral board will review the vote totals by examining the paper ballots, voting machines, and any other voting materials related to the election. If the request is granted, the State Board of Elections will order a recount and direct the local electoral board to certify the results. The other option available to challenge election results involves the Contest of Election, which involves a formal hearing in front of a three-member board. This is more in-depth than the recount as it allows for consideration of any error in the election process, such as a faulty ballot design or a polling place that is not equally accessible to voters. The petitioners must provide evidence of their allegation and the burden of proof lies on them to prove their case. After considering the evidence, the board of elections can declare the election void and order a new election, or approve the existing results. It is important to note that these processes can be lengthy and costly for the petitioners and the local governments. Therefore, they should only be taken if there is a strong belief that the election results were incorrect.

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