State Summary

Virginia does not have automatic recounts. A defeated candidate may petition for a taxpayer-funded recount if the margin separating the candidate from the winner is 0.5% or less. A defeated candidate may also petition for a recount at their expense if the margin is 1% or less. Candidates must file a recount petition no later than 10 days after the election is certified, except in a presidential contest where a candidate must file a recount petition on the second calendar day after certification. Voters may only petition for a recount of a ballot question if the difference between the votes for and against a ballot question is not more than fifty votes or not more than one percent of the total votes cast on the question, whichever is greater. Note that voters must cover the recount costs; voters are only refunded these costs if the recount changes the outcome. Voters must file a recount petition within 10 days of certification. Recounts of the presidential contest must be completed at least six days before the meeting of the electors. Virginia conducts recounts using a mix of hand count and retabulation.

Counting Method

Mix of hand count and retabulation

Paper ballots initially counted by hand will again be recounted by hand. Additional ballots to be counted by hand include ballots tabulated by optical scanners that contain “write-in votes, overvotes, and undervotes,” and “any ballots not accepted by the tabulator, and any ballots for which a tabulator could not be programmed to meet the programming requirements.” However, all other ballots tabulated by optical scanners are retabulated by machine. Automatic tabulators must be tested prior to retabulation and for recounts are set to count the votes only for the office or initiative in question. There can be only one "redetermination of the vote" in each precinct. “The recount proceeding shall be final and not subject to appeal.” Va. Code § 24.2-802.2(D) and (G).

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Less than or equal to 0.5%
Initiated by request

When there is a difference of not more than one-half of one percent between the candidate apparently nominated or elected and the candidate petitioning for the recount, the petitioner is entitled to a taxpayer funded recount. Va. Code § 24.2-802.3(A). Candidates are required to petition the appropriate circuit court for the recount. Va. Code § 24.2-801.

Timing: Va. Code §§ 24.2-801 and 24.2-802.1. For a recount of an election of presidential electors see Va. Code § 24.2-801.1.

Candidate-Initiated Options

Close vote margin required

Any defeated candidate in any election may petition for a recount if the difference between the apparent winning candidate and the apparent defeated candidate falls within the close-vote margin requirement of not more than one percent of the total vote cast for the two candidates. The close-vote margin increases for recounts involving write-in candidates. When there is between any write-in candidate apparently nominated or elected and any candidate apparently defeated, or between any candidate apparently nominated or elected and any write-in candidate apparently defeated, a difference of not more than five percent of the total vote cast for the two such candidates, the defeated candidate may petition for a recount. Va. Code § 24.2-800(B).

“Recounts: Step-by-Step Instructions” (p. 4) specifies how the close vote margin is calculated in a ranked choice voting contest.

Timing: Va. Code §§ 24.2-801 and 24.2-802.1. For a recount of an election of presidential electors see Va. Code § 24.2-801.1.

Voter-Initiated Options

Close vote margin required

A minimum of 50 voters, qualified to vote on the ballot question, is required to petition for a recount. There is a close vote margin requirement: the difference between the votes for and against a ballot question must be not more than fifty votes or not more than one percent of the total votes cast on the question, whichever is greater. Va. Code § 24.2-800(C).

Timing: Va. Code § 24.2-801.

Cost for Candidate-Initiated Recounts

Payor of costs depends on outcome

Recount petitioners must post a $10 per precinct bond, to be refunded if the recount alters the election outcome in their favor. If the petitioner loses the recount, the bond is forfeit to the extent of the assessed costs, and if the assessed costs exceed the bond, the petitioner is liable for all the assessed costs. When the vote margin, prior to the recount, between the petitioner and the candidate apparently nominated or elected is not more than 0.5%, then the petitioner is not required to post bond and the costs of the recount are assessed against the counties and cities comprising the election district. Va. Code § 24.2-802.3.

Cost for Voter-Initiated Recounts

Payor of costs depends on outcome

Recount petitioners must post a $10 per precinct bond, to be refunded if the recount alters the election outcome in their favor. If the petitioner loses the recount, the bond is forfeit to the extent of the assessed costs, and if the assessed costs exceed the bond, the petitioner is liable for all the assessed costs. Va. Code § 24.2-802.3.

Challengers and Observers

Party/candidate/initiator may appoint observers, no guidance on challengers

Each candidate, or petitioner and governing body or chief executive officer may select an equal number of the officers of election to be recount officials and to count printed ballots. Upon request, any party to the recount is allowed to appoint one observer for each team of recount officials. Va. Code § 24.2-802.1(C).

Ballots may be challenged by the recount officials during the recount. These challenged ballots are reviewed by representatives of the campaigns and election officials, and any unresolved issues are ultimately decided by the chief judge of the circuit court or the full recount court. Observers are not able to challenge ballots. “Recounts: Step-by-Step Instructions” (pp. 5-6, 20) and Va. Code § 24.2-802.

“Recounts: Step-by-Step Instructions” (p. 7) states that “the news media and the general public may also be in the room, but are not allowed to handle any official materials or disturb the proceedings in any way.”

Rules for Determining Voter Intent

The State Board of Elections is responsible for standards for determining voter intent. Va. Code § 24.2-802(A). In addition, the Virginia Administrative Code states that for "any paper ballot that is to be counted manually and can be counted manually, the guidelines adopted by the State Board of Elections for hand-counting shall be used in determining the voter's intent.” 1 VAC 20-80-20(G).

The detailed guidelines from the State Board of Elections are available in the publication “Virginia’s Guide to Hand-Counting Ballots.” Additional guidelines for determining a valid vote can be found in Va. Code § 24.2-644.

Resources

Va. Code § 24.2-800
Va. Code § 24.2-801
Va. Code § 24.2-801.1
Va. Code § 24.2-802
Va. Code § 24.2-802.1
Va. Code § 24.2-802.2
Va. Code § 24.2-802.3
1 VAC 20-80-20
Recounts: Step-by-Step Instructions
Virginia’s Guide to Hand-Counting Ballots

Additional Resources

Virginia Code - Title 24.2 - Elections
Virginia Department of Elections
GREB Handbook (see Chapter 15 "Recounts and Contests")