Code of Virginia § 24.2-509. Party to determine method of nominating its candidates for office; exceptions.
526 words·~2 min read·
/va/title-24-2/chapter-5/24-2-509A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The duly constituted authorities of the state political party shall have the right to determine the method by which a party nomination for a member of the United States Senate or for any statewide office shall be made. The duly constituted authorities of the political party for the district, county, city, or town in which any other office is to be filled shall have the right to determine the method by which a party nomination for that office shall be made. A method of nomination shall not be selected if such method will have the practical effect of excluding participation in the nominating process by qualified voters who are otherwise eligible to participate in the nominating process under that political party's rules but are unable to attend meetings because they are
(i)a member of a uniformed service, as defined in § 24.2-452 , on active duty;
(ii)temporarily residing outside of the United States;
(iii)a student attending a school or institution of higher education;
(iv)a person with a disability; or
(v)a person who has a communicable disease of public health threat as defined in § 32.1-48.06 or who may have come in contact with a person with such disease. However, such restriction shall not apply when selecting a candidate for a special election or nominating a candidate pursuant to § 24.2-539 , or in the event that no candidate files the required paperwork by the deadline prescribed in § 24.2-522 .
B. Notwithstanding subsection A, the following provisions shall apply to the determination of the method of making party nominations. A party shall nominate its candidate for election for a General Assembly district where there is only one incumbent of that party for the district by the method designated by that incumbent, or absent any designation by him by the method of nomination determined by the party. A party shall nominate its candidates for election for a General Assembly district where there is more than one incumbent of that party for the district by a primary unless all the incumbents consent to a different method of nomination.
A party, whose candidate at the immediately preceding election for a particular office other than the General Assembly
(i)was nominated by a primary or filed for a primary but was not opposed and
(ii)was elected at the general election, shall nominate a candidate for the next election for that office by a primary unless all incumbents of that party for that office consent to a different method.
When, under any of the foregoing provisions, no incumbents offer as candidates for reelection to the same office, the method of nomination shall be determined by the political party.
For the purposes of this subsection, any officeholder who offers for reelection to the same office shall be deemed an incumbent notwithstanding that the district which he represents differs in part from that for which he offers for election.
Code 1950, §§ 24-348, 24-361, 24-363, 24-364; 1970, c. 462, §§ 24.1-171, 24.1-172; 1971, Ex. Sess., c. 119; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1993, c. 641; 2021, Sp. Sess. I, c. 474 .