Vote 2006: What's Next for Virginia

Nov. 8, 2006 — -- The Senate race in Virginia is too close to call. Democrat Jim Webb declared victory over Republican Sen. George Allen an hour before Allen told his supporters that the vote count would continue today.

There are no automatic recounts in Virginia, but state law allows a candidate who finishes half a percentage point or less behind to request one. The trailing candidate can also seek a recount if the margin is greater than half a point but less than one percentage point.

However, if a recount is requested, Jean Jensen, secretary of the state Board of Elections in Virginia, told ABC News that it would not start until Nov. 28 because of the state's elaborate set of rules and laws governing the vote certification and recount processes. The losing candidate cannot ask for a recount before that date.

The Democrats would have to win both Virginia and Montana to gain control of the Senate. Here some pivotal questions -- and answers -- about the recount process in Virginia:

When will we know the outcome in the race?

If a recount is requested, we will likely not know the results until mid-December.

What comes next?

According to Jensen, starting today, the remaining votes will be counted. All other absentee and overseas ballots have been counted already.

But the results will be unofficial until they are certified on Nov. 27.

How does the vote get certified?

Once this initial count is completed, the local electoral boards will meet to canvass the results. This is done every election, and it is required by state law (not because it's close).

In canvassing, officials go over all the numbers to ensure their accuracy. They have several days, starting the day after the election, to complete the process. However, it usually only takes three or four days. Provisional ballots that have been certified get counted during the canvassing phase.

After canvassing all results, officials then send them to the state board of elections. The board meets on Nov. 27 to officially certify the results.

From certification to recount

Once the results are certified, the losing candidate may petition for a recount. The candidate has 10 days to do so.

Under no circumstances can the recount start before the day after final certification (in this case, that is Nov. 28).

Secretary of State Jensen said no recount petition has ever been denied as far as she knows.

There are very formal procedures to be followed. The recount is supervised by a three-judge panel and takes two to three weeks.

Therefore, if a recount is requested, we will likely not know the results of the Virginia Senate race until mid-December.

What Virginians used to vote

Tuesday was the first time all Virginians who cast ballots used electronic-voting machines in a general election.

Virginia uses DRE (electronic voting) machines, optical scan and ballot-marking devices made by Diebold, Sequoia, UniLect, Advanced Voting Solutions, Hart InterCivic and ES&S.Despite the use of electronic machines, Virginia did not require machines to produce a voter verified paper audit trail (VVPAT). This raises questions about how the recount would be conducted and whether it would be difficult to obtain an unassailable vote count.

Machines used in Charlottesville, Alexandria and Falls Church did not print out the full names of several candidates on the summary sheet. The full names are on the ballot sheet. Included among those candidates is James R. "Jim" Webb Jr. His last name is not on the summary sheet.