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2016 SESSION
16102393DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-673 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-673. Number of votes required for election; run-off election required.
A. No candidate for
statewide office or for the United States Senate shall be deemed to have been elected
at a general election to that office unless such candidate receives more than
50 percent of the total votes cast for the office. Except
in the case of a recount pursuant to the provisions of Chapter 8 (§ 24.2-800 et
seq.) of this title, in all other elections for the choice of any officer, including the general election of electors for the
President and Vice-President of the United States, unless
it is otherwise expressly provided, the person having the highest number of
votes for any an
office shall be deemed to have been elected to such office and shall receive
the certificate of election.
B. If no candidate for statewide office or for the United States Senate receives more than 50 percent of the total votes cast at the general election for that office, a run-off election shall be held between the candidates receiving the highest and next-highest number of votes for that office. However, if the number of write-in votes cast for an office and the number of votes cast for the candidate receiving the highest number of votes for that office together equal more than 50 percent of the total votes cast for that office, then no run-off election shall be held and the candidate receiving the highest number of votes for the office shall be deemed to have been elected to such office and shall receive the certificate of election.
C. Nothing in this section shall be construed to preclude the right of the candidate apparently defeated to file a petition for a recount of the election pursuant to the provisions of Chapter 8 (§ 24.2-800 et seq.). If a candidate files such a petition and a recount is conducted, a run-off election required by the provisions of this section shall be held on the fourth Tuesday following the date of the certification by the court of the results of the recount. If no recount is conducted, a run-off election required by the provisions of this section shall be held on the fourth Tuesday following the date of the certification by the State Board of the results of the general election. However, if the fourth Tuesday following the date of the certification of the results of the recount or the general election is a legal holiday named in § 2.2-3300, the run-off election required by the provisions of this section shall be held on the sixth Tuesday following the date of the certification of the results of the recount or the general election, as applicable.
D. A run-off election required by the provisions of this section shall be conducted in accordance with the provisions of this chapter.