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2019 SESSION
19104092DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-806 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-806. Contest of other primaries and elections.
In a primary for the United States House of Representatives,
the Virginia Senate, the House of Delegates, or any county, city, town, or
district office, or an election to any county, city, town, or district office,
the proceeding to contest shall be in the circuit court of the county or city in which that
the challenged candidate resides listed as his residency on his certificate of
candidate qualification. The proceeding shall be before a
special court composed of the chief judge of such circuit court and two circuit
court judges of circuits remote from the county or city in which that such candidate resides listed
as his residency on his certificate of candidate qualification,
appointed by the Chief Justice of the Supreme Court of Virginia, or, in the
event of his inability to act, then by the next senior justice, who shall at
the time of appointment set the date for trial.
If the chief judge of the circuit court of the city or county in which that
the candidate resides listed
as his residency on his certificate of candidate qualification
is absent, unable to sit in the proceeding, or recuses himself, the clerk of
the court shall at once certify that fact to the Chief Justice. Then the Chief
Justice or the associate justice acting in his stead shall appoint a third
judge, who shall be, if possible, a judge of the same or an adjoining circuit.