15.2-1654 - Contest of election.
§ 15.2-1654. Contest of election.
Returns in such election shall be subject to the inquiry, determination andjudgment of the circuit court for the county in which the election is held,upon complaint of fifteen or more voters of the county of an undue electionor false return. The complaint shall fully set out the grounds of contestand, if any votes were improperly received or rejected, shall give a list ofsuch votes, with objections to the action of the election officials inreceiving or rejecting the same. Two of the persons making the complaintshall take and subscribe an oath that the facts therein stated are true tothe best of their knowledge and belief. The complaint shall be filed in theoffice of the clerk of the circuit court for the county in which suchelection is held. Notice of contest, stating that the complaint has beenfiled in the clerk's office, shall be given by posting the same at thecourthouse door and at two or more public places in the county, and bypublishing it once a week for two successive weeks in some newspaperpublished in the county or, if there is none so published, then in somenewspaper having general circulation in the county. The time and place oftaking depositions, if any, shall be stated in the notice, which shallentitle the parties giving the notice to take the depositions to be read asevidence in the contest. The complaint shall be filed and notice given withinten days after the election, otherwise the complaint shall not be valid. Anyone or more persons who voted at such removal election may, within thirtydays from the election, file in the circuit court clerk's office an answer tothe complaint, in which any of the allegations of the complaint may bedenied, and any statement made going to show the regularity of the oldelection, and the propriety of the action of the election officials inreceiving or rejecting the votes set out in the complaint, and a list of thevotes he or they will dispute. If the respondents desire to take depositions,notice thereof shall be given to any one or more of the persons signing thecomplaint. If no answer is filed to the complaint within thirty days from theelection, no one shall be heard to deny the allegations of the complaint, butthe persons making the same shall prove the allegations thereof to thesatisfaction of the court. The circuit court for the county in which theelection is held, after the expiration of thirty days from the election,shall proceed to pass upon the complaint without a jury, on such depositionsas may have been taken under the notices aforesaid, and upon such other legaltestimony as may be adduced by either party at the hearing of the case. Injudging such election and return, the court shall proceed on the meritsthereof and decide the same on the Constitution and laws and according to theright of the case and shall enter such order as will carry its decision intofull and complete effect. The judgment of the court shall be final.
(Code 1950, § 15-53; 1962, c. 623, § 15.1-569; 1997, c. 587.)