Understanding Recounts in Virginia Elections
Recounts in Virginia are a structured process involving a simple retabulation of votes, only triggered by close margins of victory. This recount process, overseen by the court, does not address eligibility issues and is not automatic. Learn about the filing requirements, timeline, key participants of a recount, and the role of the Recount Court in ensuring the accuracy of election results.
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Presentation Transcript
Recounts Overview Recounts are a simple retabulation of votes Eligibility to vote and irregularities are not at issue Recounts are not automatic Margin must not be more than 1% of the total votes cast for the two candidates The results of the recount become the official results for the election Recounts are a process run by the court, not SBE or ELECT.
Filing for a Recount The recount must be petitioned for by the apparently-defeated candidate after the results have been certified. The margin of victory must not be greater than 1% of total votes cast for both the candidates The recount must be requested in the local circuit court if the local electoral board certifies the office. The recount must be requested in the Richmond Circuit Court for contests for statewide office. The recount must be requested in the circuit court of the locality in which the challenged candidate resides for any office for which the district is more than one locality.
Timeline Board certifies the election Candidate files petition for recount within 10 days Chief judge of circuit court notifies the Supreme Court of Virginia. Supreme Court appoints other 2 members of Recount Court Chief judge holds preliminary hearing within 7 days of receiving the petition Full Recount Court convenes sometime after the preliminary hearing to review the decisions of the Chief Judge Recount is conducted
The Recount Court The Chief Judge of the circuit court where the petition for recount was filed will serve as the Chief Judge of the Recount Court The Chief Judge will notify the Supreme Court of Virginia that a recount is taking place The Supreme Court will thereafter appoint 2 other judges to complete the Recount Court
Recount Coordinators Two members of the local electoral board will be appointed as Recount Coordinators. The two members are selected by the Court, and must be from opposing parties. Recount Coordinators will be responsible for handling and delivering election materials to various entities during the recount.
Recount Officials Officers of election that served on Election Day may be chosen to serve as Recount Officials. Recount Officials will work in 2-person teams, each from a different party. The Recount Court will need a list of who served as an OOE on Election Day, and what party they represented. The Recount Court will also need to know how many teams will be necessary.
Registrars Registrars will largely be responsible for providing informational guidance to participants. May need to inform the court of various election procedures.
The Clerk of Courts Safeguard the election materials and release the envelopes when necessary Issue summonses for persons whose presence will be required
The Set-up Each team of Recount Officials will sit adjacent to each other. One Authorized Representative for each candidate is allowed to monitor each team during the process. Each team of Recount Officials will be given a task.
Voting Machines Optical Scan The scanners must be programmed to only read the office in question. The ballots are inserted into the scanners again. Write-ins, undervotes, and overvotes will be separated so that they can be hand counted.
Traditional Paper Ballots Paper ballots that cannot be scanned, were rejected due to overvote or undervote, or were diverted, will be assessed and counted in accordance with the Virginia s Guide to Hand-Counting Ballots document.
Counting Physical Ballots Each member of a team will have their work checked by their team member. If any team member disagrees as to how a ballot should be counted, they may challenge the ballot. The ballot will thereafter be submitted to the Recount Court so that the 3-judge panel can determine the voter s selection (if any).
General Takeaways The recount is overseen by the court, and thus the Recount Court is in control of the process. The Recount Court will be responsible for determining the dates pertinent to the recount. The cost of the recount will be the responsibility of the locality if the apparent margin of victory is at or below .5% of votes cast for the candidates as certified by the SBE or local electoral board, or if the results of the recount change the outcome of the contest.
What can I do now? Work with your clerk of court to find potential locations to hold the recount. Determine the number of recount teams necessary to complete the recount in a day. Determine the number of machines/memory cards necessary to complete the recount in a day. Notify officers of election that they may potentially be selected by the court as a recount official. Thoroughly review the Recount Step by Step document to better understand the process.
Contacts at ELECT Dave Nichols david.nichols@elections.virginia.gov (804) 864-8952 Matt Abell matthew.abell@elections.virginia.gov (804) 887-5016 Your Assigned Liaison
