If any person who is a candidate for nomination by a political party at a primary election, and who, along with one or more other candidates, has qualified to have his name printed on the official ballot for the primary, dies 45 days or more before the day on which the primary is to be held, any person otherwise qualified who desires to be a candidate at that primary may file a declaration of and petition for his candidacy with the proper chairman of his party committee. The declaration and petition shall comply in every respect with the requirements established generally for such declarations and petitions by this article, except that the declaration and petition shall be filed at least 35 days before the day on which the primary is to be held.
The party chairman or chairmen shall promptly certify the names of every such person to the State Board and appropriate electoral boards as having qualified under the provisions of this section. Every electoral board having charge of the printing of official ballots for the primary election shall either:
1. Cause to be printed thereon the name of every person so certified; or
2. If the official ballots have already been printed, cause separate ballots to be printed for the office containing the names of those candidates other than the decedent who have theretofore qualified and the names of those certified to it as having qualified pursuant to the provisions of this section. The board may, in its discretion, cause to be stricken from the ballots already printed the title of the office involved and the names of all candidates for nomination for the office appearing thereon.
Whenever any additional candidate shall qualify pursuant to this section, no ballots theretofore cast by absentee vote for a candidate for such office shall be counted, but any person who has so voted shall be entitled to receive a new ballot and to vote for his choice among all the candidates for such office.
Code 1950, § 24-392; 1970, c. 462, § 24.1-196; 1976, c. 616; 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