{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-509.html"}],"law_id":79619,"edition_id":1,"section_id":79619,"structure_id":14264,"section_number":"24.2-509","catch_line":"Party to determine method of nominating its candidates for office; exceptions","history":"Code 1950, \u00a7\u00a7 24-348, 24-361, 24-363, 24-364; 1970, c. 462, \u00a7\u00a7 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.","full_text":"A\n\nThe 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\n\nNotwithstanding 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.\n\t\t\tWhen, 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.\n\t\t\tFor 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.","order_by":null,"text":{"0":{"id":285294,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285295,"text":"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.\n\t\t\tWhen, 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.\n\t\t\tFor 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14264,"edition_id":1,"name":"Nominations of Candidates by Political Parties","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13313,"metadata":{},"date_created":"2026-06-26 03:47:31","date_modified":"2026-06-26 03:47:31","permalink":{"id":188229,"object_type":"structure","relational_id":14264,"identifier":"3","token":"24.2\/5\/3","url":"\/24.2\/5\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13313,"edition_id":1,"name":"Candidates for Office","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:44:37","date_modified":"2026-06-26 03:44:37","permalink":{"id":188187,"object_type":"structure","relational_id":13313,"identifier":"5","token":"24.2\/5","url":"\/24.2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55512,"structure_id":14264,"section_number":"24.2-508","catch_line":"Powers of political parties in general","url":"\/24.2-508\/","token":"24.2\/5\/3\/24.2-508","metadata":false},{"id":79619,"structure_id":14264,"section_number":"24.2-509","catch_line":"Party to determine method of nominating its candidates for office; exceptions","url":"\/24.2-509\/","token":"24.2\/5\/3\/24.2-509","metadata":false},{"id":83873,"structure_id":14264,"section_number":"24.2-510","catch_line":"Deadlines for parties to nominate by methods other than primary","url":"\/24.2-510\/","token":"24.2\/5\/3\/24.2-510","metadata":false},{"id":85040,"structure_id":14264,"section_number":"24.2-511","catch_line":"Party chairman or official to certify candidates to State Board and general registrars; failure to certify","url":"\/24.2-511\/","token":"24.2\/5\/3\/24.2-511","metadata":false}],"previous_section":{"id":55512,"structure_id":14264,"section_number":"24.2-508","catch_line":"Powers of political parties in general","url":"\/24.2-508\/","token":"24.2\/5\/3\/24.2-508","metadata":false},"next_section":{"id":83873,"structure_id":14264,"section_number":"24.2-510","catch_line":"Deadlines for parties to nominate by methods other than primary","url":"\/24.2-510\/","token":"24.2\/5\/3\/24.2-510","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-509\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 462; in 1973, chapter 30; in 1975, chapter 515; in 1978, chapter 778; in 1993, chapter 641.<\/p>","references":[{"id":55096,"section_number":"24.2-516","catch_line":"Party to furnish names of chairmen and notify State Board of adoption of direct primary","order_by":null,"url":"\/24.2-516\/"},{"id":69054,"section_number":"24.2-528","catch_line":"No primary candidate to be nominated by convention","order_by":null,"url":"\/24.2-528\/"}],"refers_to":[{"id":56695,"section_number":"24.2-452","catch_line":"Definitions","order_by":null,"url":"\/24.2-452\/"},{"id":67056,"section_number":"24.2-539","catch_line":"Party may nominate when nominee dies, withdraws, or nomination is set aside; duty of party chairman","order_by":null,"url":"\/24.2-539\/"},{"id":70676,"section_number":"32.1-48.06","catch_line":"Definitions","order_by":null,"url":"\/32.1-48.06\/"}],"permalink":{"id":188235,"object_type":"law","relational_id":79619,"identifier":"24.2-509","token":"24.2\/5\/3\/24.2-509","url":"\/24.2-509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-509\/","token":"24.2\/5\/3\/24.2-509","dublin_core":{"Title":"Party to determine method of nominating its candidates for office; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The duly constituted authorities of the state political party<\/span> 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<\/span> 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<\/span> who are otherwise eligible to participate in the nominating process under that political party<\/span>’s rules but are unable to attend meetings because they are (i) a member of a uniformed service, as defined in § 24.2-452<\/a>, 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<\/span>; or (v) a person who has a communicable disease of public health threat as defined in § 32.1-48.06<\/a> or who may have come in contact with a person with such disease. However, such restriction shall not apply when selecting a candidate<\/span> for a special election<\/span> or nominating a candidate<\/span> pursuant to § 24.2-539<\/a>, or in the event that no candidate<\/span> files the required paperwork by the deadline prescribed in § 24.2-522<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding subsection A, the following provisions shall apply to the determination of the method of making party nominations. A party shall nominate its candidate<\/span> 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<\/span> for election for a General Assembly district where there is more than one incumbent of that party for the district by a primary<\/span> unless all the incumbents consent to a different method of nomination. A party, whose candidate<\/span> at the immediately preceding election for a particular office other than the General Assembly (i) was nominated by a primary<\/span> or filed for a primary<\/span> but was not opposed and (ii) was elected at the general election<\/span>, shall nominate a candidate<\/span> for the next election for that office by a primary<\/span> unless all incumbents of that party for that office consent to a different method.\n\t\t\tWhen, under any of the foregoing provisions, no incumbents offer as candidates<\/span> for reelection to the same office, the method of nomination shall be determined by the political party<\/span>.\n\t\t\tFor 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARTY TO DETERMINE METHOD OF NOMINATING ITS CANDIDATES FOR OFFICE; EXCEPTIONS\n(\u00a7 24.2-509)\n\nA. The duly constituted authorities of the state political party shall have the\nright to determine the method by which a party nomination for a member of the\nUnited States Senate or for any statewide office shall be made. The duly\nconstituted authorities of the political party for the district, county, city,\nor town in which any other office is to be filled shall have the right to\ndetermine the method by which a party nomination for that office shall be made.\nA method of nomination shall not be selected if such method will have the\npractical effect of excluding participation in the nominating process by\nqualified voters who are otherwise eligible to participate in the nominating\nprocess under that political party’s rules but are unable to attend\nmeetings because they are (i) a member of a uniformed service, as defined in\n§ 24.2-452, on active duty; (ii) temporarily residing outside of the United\nStates; (iii) a student attending a school or institution of higher education;\n(iv) a person with a disability; or (v) a person who has a communicable disease\nof public health threat as defined in § 32.1-48.06 or who may have come in\ncontact with a person with such disease. However, such restriction shall not\napply when selecting a candidate for a special election or nominating a\ncandidate pursuant to § 24.2-539, or in the event that no candidate files\nthe required paperwork by the deadline prescribed in § 24.2-522.\n\nB. Notwithstanding subsection A, the following provisions shall apply to the\ndetermination of the method of making party nominations. A party shall nominate\nits candidate for election for a General Assembly district where there is only\none incumbent of that party for the district by the method designated by that\nincumbent, or absent any designation by him by the method of nomination\ndetermined by the party. A party shall nominate its candidates for election for\na General Assembly district where there is more than one incumbent of that party\nfor the district by a primary unless all the incumbents consent to a different\nmethod of nomination. A party, whose candidate at the immediately preceding\nelection for a particular office other than the General Assembly (i) was\nnominated by a primary or filed for a primary but was not opposed and (ii) was\nelected at the general election, shall nominate a candidate for the next\nelection for that office by a primary unless all incumbents of that party for\nthat office consent to a different method.\n\t\t\tWhen, under any of the foregoing provisions, no incumbents offer as\ncandidates for reelection to the same office, the method of nomination shall be\ndetermined by the political party.\n\t\t\tFor the purposes of this subsection, any officeholder who offers for\nreelection to the same office shall be deemed an incumbent notwithstanding that\nthe district which he represents differs in part from that for which he offers\nfor election.\n\nHISTORY: Code 1950, \u00a7\u00a7 24-348, 24-361, 24-363, 24-364; 1970, c. 462, \u00a7\u00a7\n24.1-171, 24.1-172; 1971, Ex. Sess., c. 119; 1973, c. 30; 1975, c. 515; 1978, c.\n778; 1993, c. 641; 2021, Sp. Sess. I, c. 474.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}