Virginia Beach Mayor Election Contest Dismissed Due to Failure of Proper Service

Strategic Insights -

Robert Dyer was elected Mayor of Virginia Beach at the general election of November 5, 2024. Richard Kowalewitch, a candidate for mayor in that same election, filed a petition to contest the election on December 5, 2024. However, due to failure to properly serve the mayor within the required time frame, the contest was dismissed. The court held that the statute, specifically 24.2-808, requires service of the complaint to be made within 30 days following the date of the election.

Key Takeaways:

  • The contestant, Richard Kowalewitch, failed to properly serve the mayor, Robert Dyer, within the 30-day time frame required by 24.2-808.
  • The court ruled that service of the complaint must be made within 30 days following the date of the election, and not before or after it.
  • The mayor's office is not considered a "place of abode" for the purpose of service, and the Uniform Commercial Code does not apply to election contests.
  • Code 8.01-288 does not apply to actions wherein service of process is specifically prescribed by statute, such as in this case of election contests.
  • The contestant's claims of receiving assurances from the clerk's office and arguing that the mayor's office can be considered a "place of abode" were deemed invalid.
  • The case, Kowalewitch v. Dyer, was dismissed due to the failure of proper service.

Statistics:

  • 30 days: time frame within which service of the complaint must be made following the date of the election.
  • 10 days: maximum time period within which the local electoral board can certify the results of the election.
  • 20 days: time period within which a contestant can file his complaint and have it served, assuming he follows the required procedures.
  • 29 days: additional time period available if a contestant waits until after the local electoral board certifies the results of the election to file his complaint.
  • 1: the number of days the contestant, Richard Kowalewitch, had to have the complaint served on the respondent after filing.

Sources:

  • Kowalewitch v. Dyer, Case No. CL24-6343, May 9, 2025. Virginia Beach Circuit Court. VLW 025-8-017.
  • [National]