With 100% of the precincts reporting, Creigh Deeds is still behind McDonnell by
Virginia law allows a recount if a candidate's margin of loss comes within 1 percentage point or less of the total vote cast....WHO PAYS? If the losing margin is less than .05 percent, the localities must pay the recount cost.... If the losing margin is between .05 percent and 1 percent, the candidate must pay unless he wins on the recount.
THE TIMETABLE A recount cannot be sought until the State Board of Elections holds its official canvass to certify the election results. That will take place Nov. 28. Then, the losing candidate has 10 days to petition a circuit court -- in this case, in Richmond, for a recount. A three-judge panel presides over the recount and holds a hearing to determine procedures.
THE PROCEDURE State law already provides detailed procedures for the recount. The winning and losing candidates select officers to count the ballots. The recount results cannot be appealed. The recount results will probably come out in mid-December.
Deeds has indicated that he will ask for a recount, already selecting his legal team to oversee the recount efforts. Because the margin is exactly at .05%, it appears that Deeds will be paying for the recount.
UPDATE: The Times Dispatch is wrong. Here is the cost provision from the source:
E. Costs of the recount shall be assessed against the counties and cities comprising the election district when (i) the candidate petitioning for the recount is declared the winner; (ii) the petitioners in a recount of a referendum win the recount; or (iii) there was between the candidate apparently nominated or elected and the candidate petitioning for the recount a difference of not more than one-half of one percent of the total vote cast for the two such candidates as determined by the State Board or electoral board prior to the recount. Otherwise the costs of the recount shall be assessed against the candidate petitioning for the recount or the petitioners in a recount of a referendum. If more than one candidate petitions for a recount, the court may assess costs in an equitable manner between the counties and cities and any such candidate if both are liable for costs under this subsection. Costs incurred to date shall be assessed against any candidate or petitioner who defaults or withdraws his petition.