Code of Virginia § 24.2-538.1. Procedure when pre-election withdrawal of candidacy results in unopposed primary.
300 words·~1 min read·
/va/title-24-2/chapter-5/24-2-538-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. If a person who is a candidate for nomination by a political party at a primary election and who has qualified to have his name printed on the ballot for such election, submits, on or after the forty-fourth day before but prior to the Tuesday immediately preceding the primary election, a signed and notarized notice of his intent to withdraw in accordance with § 24.2-612.2 , and the result of such withdrawal is one remaining candidate who is now unopposed for nomination by the political party, such remaining candidate shall be declared the nominee of such political party for the office sought and the primary election shall be canceled as set forth in subsection B.
B. Upon receipt of a candidate's signed and notarized notice of withdrawal made pursuant to § 24.2-612.2 , the general registrar shall immediately transmit such notice to the local electoral board and the State Board and certify that the remaining candidate, identified by name, is now unopposed for nomination by the political party for the office sought. Within one calendar day of receiving such notice and certification, the State Board shall declare the remaining candidate to be the nominee of such political party for the office sought. As soon as possible thereafter, the local electoral board shall petition the circuit court for the cancellation of the primary election.
C. The State Board shall prescribe the procedures for canceling a primary election pursuant to this section, including instructions for locking and securing voting systems, the disposition of marked and unmarked absentee ballots, and voter notification.
D. The provisions of this section shall not apply to primaries for the nomination of candidates for the office of President of the United States held pursuant to Article 7 (§ 24.2-544 et seq.).
2024, cc. 166 , 230 .