EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
80.0% · 4/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 1/1100.0% | § 16.1-16-02 codifies standing: 'A defeated candidate or ten qualified electors may contest the nomination or election of any person or the approval or rejection of any question or proposition.' Explicit standing enumeration codified. “A defeated candidate or ten qualified electors may contest the nomination or election of any person or the approval or rejection of any question or proposition submitted to a vote of the electorate” | § view source 2026-05-19 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 1/1100.0% | § 16.1-16-06 codifies that election contest actions 'must be tried as civil actions to the court without a jury' in district court. § 16.1-16-09 codifies appeal to the Supreme Court. § 16.1-16-08 codifies judgment. § 16.1-16-10 codifies legislative contest. § 16.1-16-07 codifies ballot-preservation procedure. Comprehensive venue + jurisdiction framework codified. | § view source 2026-05-19 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 1/1100.0% | § 16.1-16-09 codifies the 10-day appeal deadline for election-contest judgments. § 16.1-16-04 (not in FTS top-5 for this datapoint) codifies the 5-day post-recount and 14-day post-certification contest filing deadlines. § 16.1-16-07 codifies ballot-preservation timing. Statutory filing deadlines explicitly codified. | § view source 2026-05-19 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 1/250.0% | § 16.1-16-08 codifies the judgment-on-contest framework: court pronounces judgment on who was elected/nominated, sets aside election if no one elected, awards court costs based on contest action outcomes. § 16.1-15-13 codifies ballot preservation as evidence. Standard of proof in election contests is partly statutory and partly developed through case law. | § view source 2026-05-19 |
Recount
50.0% · 2/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 1/1100.0% | § 16.1-16-01 codifies explicit recount triggers: automatic recount at margin ≤0.5% (general/special election), ≤1% (primary), or ≤0.25% (measures/questions). Demand-recount available at margins between 1% and 2% (primary). Comprehensive trigger enumeration codified. | § view source 2026-05-19 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 0/10.0% | § 16.1-16-04 codifies time-for-action. § 16.1-16-01 codifies recount procedure under SoS guidelines. § 16.1-16-08(5) codifies that 'in the discretion of the court, court costs may be awarded' in election-contest actions. Recount cost allocation is discretionary judicial under the contest framework rather than a fixed statutory schedule. | § view source 2026-05-19 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 1/1100.0% | § 16.1-16-01 codifies that a recount must be conducted under SoS guidelines with results binding on certification. § 16.1-16-04 codifies that certification timing is tied to recount completion (5-day contest deadline runs from certification of recount). Recount-finding effect codified. | § view source 2026-05-19 |
Timing
50.0% · 1/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 1/1100.0% | § 16.1-14-03 codifies that the Governor proclaims results, publishes them, and issues certificate of election for presidential electors. § 16.1-15-22 (not in FTS top-5) codifies certified abstract delivery 'before four p.m. on the thirteenth day after the primary election.' § 16.1-16-04 codifies certification-tied contest deadlines. Certification deadlines codified. | § view source 2026-05-19 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |