{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/24.2-802.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/24.2-802.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/24.2-802.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/24.2-802.3.html"}],"law_id":356054,"edition_id":2,"section_id":356054,"structure_id":50935,"section_number":"24.2-802.3","catch_line":"Costs of the recount","history":"2020, c. 886.","full_text":"A\n\nCosts of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition.\n\nB\n\nThe court shall appraise the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve.\n\nC\n\nAny petitioner who may be assessed with costs under subsection A shall post a bond with surety with the court in the amount of $10 per precinct in the area subject to recount. If the petitioner wins the recount, the bond shall not be forfeit. If the petitioner loses the recount, the bond shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond, he shall be liable for such excess.\n\n","order_by":null,"text":{"0":{"id":1325758,"text":"Costs of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1325759,"text":"The court shall appraise the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1325760,"text":"Any petitioner who may be assessed with costs under subsection A shall post a bond with surety with the court in the amount of $10 per precinct in the area subject to recount. If the petitioner wins the recount, the bond shall not be forfeit. If the petitioner loses the recount, the bond shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond, he shall be liable for such excess.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":50935,"edition_id":2,"name":"Recounts","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":50934,"metadata":{"child_laws":7,"child_structures":0},"date_created":"2026-08-02 02:35:16","date_modified":"2026-08-02 12:31:34","permalink":{"id":1415957,"object_type":"structure","relational_id":50935,"identifier":"1","token":"24.2\/8\/1","url":"\/24.2\/8\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50934,"edition_id":2,"name":"Recounts and Contested Elections","identifier":"8","label":"chapter","depth":2,"order_by":11,"parent_id":50878,"metadata":{"child_laws":19,"child_structures":2},"date_created":"2026-08-02 02:35:16","date_modified":"2026-08-02 12:31:34","permalink":{"id":1415955,"object_type":"structure","relational_id":50934,"identifier":"8","token":"24.2\/8","url":"\/24.2\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50878,"edition_id":2,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":64,"parent_id":null,"metadata":{"child_laws":546,"child_structures":79},"date_created":"2026-08-02 02:34:27","date_modified":"2026-08-02 12:31:25","permalink":{"id":1414151,"object_type":"structure","relational_id":50878,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356049,"structure_id":50935,"section_number":"24.2-800","catch_line":"Recounts in all elections","url":"\/24.2-800\/","token":"24.2\/8\/1\/24.2-800","metadata":false},{"id":356051,"structure_id":50935,"section_number":"24.2-801","catch_line":"Petition for recount; recount court","url":"\/24.2-801\/","token":"24.2\/8\/1\/24.2-801","metadata":false},{"id":356050,"structure_id":50935,"section_number":"24.2-801.1","catch_line":"Petition for recount of election for presidential electors; recount court","url":"\/24.2-801.1\/","token":"24.2\/8\/1\/24.2-801.1","metadata":false},{"id":356055,"structure_id":50935,"section_number":"24.2-802","catch_line":"Recount standards","url":"\/24.2-802\/","token":"24.2\/8\/1\/24.2-802","metadata":false},{"id":356052,"structure_id":50935,"section_number":"24.2-802.1","catch_line":"Preliminary hearing; court to fix procedure for recount, appoint officers, and supervise the recount","url":"\/24.2-802.1\/","token":"24.2\/8\/1\/24.2-802.1","metadata":false},{"id":356053,"structure_id":50935,"section_number":"24.2-802.2","catch_line":"General recount procedures","url":"\/24.2-802.2\/","token":"24.2\/8\/1\/24.2-802.2","metadata":false},{"id":356054,"structure_id":50935,"section_number":"24.2-802.3","catch_line":"Costs of the recount","url":"\/24.2-802.3\/","token":"24.2\/8\/1\/24.2-802.3","metadata":false}],"previous_section":{"id":356053,"structure_id":50935,"section_number":"24.2-802.2","catch_line":"General recount procedures","url":"\/24.2-802.2\/","token":"24.2\/8\/1\/24.2-802.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-802.3\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 886<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1415983,"object_type":"law","relational_id":356054,"identifier":"24.2-802.3","token":"24.2\/8\/1\/24.2-802.3","url":"\/24.2-802.3\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/24.2-802.3\/","token":"24.2\/8\/1\/24.2-802.3","dublin_core":{"Title":"Costs of the recount","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-802.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Costs of the recount shall be assessed against the counties and cities comprising the election district<\/span> when (i) the candidate<\/span> petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum<\/span> win the recount; or (iii) there was between the candidate<\/span> apparently nominated or elected and the candidate<\/span> petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates<\/span> as determined by the State Board<\/span> or electoral board<\/span> prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate<\/span> petitioning for the recount or the petitioners in a recount of a referendum<\/span>. If more than one candidate<\/span> petitions<\/span> for a recount, the court<\/span> may assess costs in an equitable<\/span> manner between the counties and cities and any such candidate<\/span> if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate<\/span> or petitioner who defaults<\/span> or withdraws his petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall appraise the costs of the recount subject to the following limitations: (i) no per diem payment shall be assessed for salaried election officials; (ii) no per diem payment to officers of election serving as recount officials shall exceed two-thirds of the per diem paid such officers by the county or city for service on election day; and (iii) per diem payments to alternates shall be allowed only if they serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any petitioner who may be assessed with costs under subsection A shall post a bond<\/span> with surety<\/span> with the court<\/span> in the amount of $10 per precinct<\/span> in the area subject to recount. If the petitioner wins the recount, the bond<\/span> shall not be forfeit. If the petitioner loses the recount, the bond<\/span> shall be forfeit only to the extent of the assessed costs. If the assessed costs exceed the bond<\/span>, he shall be liable for such excess. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOSTS OF THE RECOUNT (\u00a7 24.2-802.3)\n\nA. Costs of the recount shall be assessed against the counties and cities\ncomprising the election district when (i) the candidate petitioning for the\nrecount is declared the winner; (ii) the petitioners in a recount of a\nreferendum win the recount; or (iii) there was between the candidate apparently\nnominated or elected and the candidate petitioning for the recount a difference\nof not more than one-half of one percent of the total vote cast for the two such\ncandidates as determined by the State Board or electoral board prior to the\nrecount. Otherwise the costs of the recount shall be assessed against the\ncandidate petitioning for the recount or the petitioners in a recount of a\nreferendum. If more than one candidate petitions for a recount, the court may\nassess costs in an equitable manner between the counties and cities and any such\ncandidate if both are liable for costs under this subsection. Costs incurred to\ndate shall be assessed against any candidate or petitioner who defaults or\nwithdraws his petition.\n\nB. The court shall appraise the costs of the recount subject to the following\nlimitations: (i) no per diem payment shall be assessed for salaried election\nofficials; (ii) no per diem payment to officers of election serving as recount\nofficials shall exceed two-thirds of the per diem paid such officers by the\ncounty or city for service on election day; and (iii) per diem payments to\nalternates shall be allowed only if they serve.\n\nC. Any petitioner who may be assessed with costs under subsection A shall post a\nbond with surety with the court in the amount of $10 per precinct in the area\nsubject to recount. If the petitioner wins the recount, the bond shall not be\nforfeit. If the petitioner loses the recount, the bond shall be forfeit only to\nthe extent of the assessed costs. If the assessed costs exceed the bond, he\nshall be liable for such excess.\n\nHISTORY: 2020, c. 886.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}