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2019 SESSION
Be 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.