Whenever, by reason of the death, resignation, or removal of the incumbent, a vacancy in any office occurs less than 75 but more than 45 days before the regular date for the holding of a primary, the properly constituted party authorities may permit the filing of declarations and petitions of candidacy for nomination for that office in the primary. Notice of the vacancy and the right to file declarations and petitions of candidacy for nomination to fill it shall be advertised by the party committee or committees in at least one newspaper of general circulation within the Commonwealth if it is an office filled by election by the people at large, and in the manner prescribed by the properly constituted party authorities in the case of all other offices. No declaration and petitions of candidacy shall be filed with the committee or committees until such advertisement is made, nor within 35 days prior to the date for holding the primary. Declarations and petitions of candidacy filed pursuant to this section shall comply in every respect, except for the time of filing, with the requirements established generally for such declarations and petitions in this article.
If more than one person qualifies, the party chairman shall promptly certify their names to the State Board and the appropriate electoral boards as having qualified under the provisions of this section. The electoral boards having charge of the printing of the official ballots for the primary shall either:
1. Cause to be printed on the ballot the name of each person so certified; or
2. If the official ballots have already been printed, cause separate ballots to be printed for the office for which the persons have qualified pursuant to this section.
In the event that only one person qualifies as a candidate under the provisions of this section, the person so qualifying shall be declared the nominee of his party for that office and his name shall not be printed on the primary ballot.
In the event that no person qualifies as a candidate under the provisions of this section, or that the vacancy occurs less than 45 days before the primary, the appropriate committee of the political party shall determine the time and method of nominating its candidate for the office.
Code 1950, § 24-362; 1970, c. 462, § 24.1-194; 1993, c. 641; 2010, cc. 449, 645.
Structure Code of Virginia
Chapter 5 - Candidates for Office
§ 24.2-500. Qualification of candidates
§ 24.2-501. Statement of qualification as requirement of candidacy
§ 24.2-502. Statement of economic interests as requirement of candidacy
§ 24.2-503. Deadlines for filing required statements; extensions
§ 24.2-504. Persons entitled to have name printed on ballot
§ 24.2-505. Declaration of candidacy required of independent candidates
§ 24.2-507. Deadlines for filing declarations and petitions of candidacy
§ 24.2-508. Powers of political parties in general
§ 24.2-510. Deadlines for parties to nominate by methods other than primary
§ 24.2-512. Primaries to be conducted in accordance with article
§ 24.2-513. Provisions as to general elections applicable
§ 24.2-514. To what nominations this article applies
§ 24.2-515. Presidential election year primaries
§ 24.2-515.1. Schedule for primaries in the year 2001 and each tenth year thereafter
§ 24.2-516. Party to furnish names of chairmen and notify State Board of adoption of direct primary
§ 24.2-517. State Board to order election
§ 24.2-518. County and city treasurers to pay primary expenses; certain uses of machinery by party
§ 24.2-519. Qualification of primary candidates
§ 24.2-520. Declaration of candidacy required
§ 24.2-521. Petition required to accompany declaration; number of signatures required
§ 24.2-522. When and to whom filings to be made
§ 24.2-523. Candidates to pay fee before filing
§ 24.2-524. To whom fees paid; refund of fees
§ 24.2-525. Persons entitled to have name printed on ballot
§ 24.2-526. Primary not to be held when less than two candidates declare
§ 24.2-528. No primary candidate to be nominated by convention
§ 24.2-530. Who may vote in primary
§ 24.2-531. Pollbooks used during primaries
§ 24.2-532. Abstracts of votes; law-enforcement officer to obtain returns not forwarded
§ 24.2-534. Returns tabulated by State Board; when nominee declared
§ 24.2-535. Vote required to nominate
§ 24.2-536. Procedure when a vacancy in office occurs less than 75 days before primary date
§ 24.2-538. Procedure when opposed candidate for nomination dies prior to primary
§ 24.2-540. Other parties may also nominate; independent candidates
§ 24.2-541. Printing of names on ballot
§ 24.2-543. How other groups may submit names of electors; oaths of electors