{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-536.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-536.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-536.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-536.html"}],"law_id":63173,"edition_id":1,"section_id":63173,"structure_id":13314,"section_number":"24.2-536","catch_line":"Procedure when a vacancy in office occurs less than 75 days before primary date","history":"Code 1950, \u00a7 24-362; 1970, c. 462, \u00a7 24.1-194; 1993, c. 641; 2010, cc. 449, 645.","full_text":"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.\n\t\tIf 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:\n\n1\n\nCause to be printed on the ballot the name of each person so certified; or2\n\nIf 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.\n\t\t\tIn 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.\n\t\t\tIn 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.","order_by":null,"text":{"0":{"id":230350,"text":"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.\n\t\tIf 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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":230351,"text":"Cause to be printed on the ballot the name of each person so certified; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":230352,"text":"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.\n\t\t\tIn 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.\n\t\t\tIn 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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13314,"edition_id":1,"name":"Conduct of Primaries","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13313,"metadata":{},"date_created":"2026-06-26 03:44:37","date_modified":"2026-06-26 03:44:37","permalink":{"id":188247,"object_type":"structure","relational_id":13314,"identifier":"4","token":"24.2\/5\/4","url":"\/24.2\/5\/4\/","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":85642,"structure_id":13314,"section_number":"24.2-512","catch_line":"Primaries to be conducted in accordance with article","url":"\/24.2-512\/","token":"24.2\/5\/4\/24.2-512","metadata":false},{"id":82869,"structure_id":13314,"section_number":"24.2-513","catch_line":"Provisions as to general elections applicable","url":"\/24.2-513\/","token":"24.2\/5\/4\/24.2-513","metadata":false},{"id":61692,"structure_id":13314,"section_number":"24.2-514","catch_line":"To what nominations this article applies","url":"\/24.2-514\/","token":"24.2\/5\/4\/24.2-514","metadata":false},{"id":83414,"structure_id":13314,"section_number":"24.2-515","catch_line":"Presidential election year primaries","url":"\/24.2-515\/","token":"24.2\/5\/4\/24.2-515","metadata":false},{"id":57046,"structure_id":13314,"section_number":"24.2-515.1","catch_line":"Schedule for primaries in the year 2001 and each tenth year thereafter","url":"\/24.2-515.1\/","token":"24.2\/5\/4\/24.2-515.1","metadata":false},{"id":55096,"structure_id":13314,"section_number":"24.2-516","catch_line":"Party to furnish names of chairmen and notify State Board of adoption of direct primary","url":"\/24.2-516\/","token":"24.2\/5\/4\/24.2-516","metadata":false},{"id":60738,"structure_id":13314,"section_number":"24.2-517","catch_line":"State Board to order election","url":"\/24.2-517\/","token":"24.2\/5\/4\/24.2-517","metadata":false},{"id":54301,"structure_id":13314,"section_number":"24.2-518","catch_line":"County and city treasurers to pay primary expenses; certain uses of machinery by party","url":"\/24.2-518\/","token":"24.2\/5\/4\/24.2-518","metadata":false},{"id":55194,"structure_id":13314,"section_number":"24.2-519","catch_line":"Qualification of primary candidates","url":"\/24.2-519\/","token":"24.2\/5\/4\/24.2-519","metadata":false},{"id":85518,"structure_id":13314,"section_number":"24.2-520","catch_line":"Declaration of candidacy required","url":"\/24.2-520\/","token":"24.2\/5\/4\/24.2-520","metadata":false},{"id":61711,"structure_id":13314,"section_number":"24.2-521","catch_line":"Petition required to accompany declaration; number of signatures required","url":"\/24.2-521\/","token":"24.2\/5\/4\/24.2-521","metadata":false},{"id":56260,"structure_id":13314,"section_number":"24.2-522","catch_line":"When and to whom filings to be made","url":"\/24.2-522\/","token":"24.2\/5\/4\/24.2-522","metadata":false},{"id":63383,"structure_id":13314,"section_number":"24.2-523","catch_line":"Candidates to pay fee before filing","url":"\/24.2-523\/","token":"24.2\/5\/4\/24.2-523","metadata":false},{"id":81444,"structure_id":13314,"section_number":"24.2-524","catch_line":"To whom fees paid; refund of fees","url":"\/24.2-524\/","token":"24.2\/5\/4\/24.2-524","metadata":false},{"id":62992,"structure_id":13314,"section_number":"24.2-525","catch_line":"Persons entitled to have name printed on ballot","url":"\/24.2-525\/","token":"24.2\/5\/4\/24.2-525","metadata":false},{"id":64867,"structure_id":13314,"section_number":"24.2-526","catch_line":"Primary not to be held when less than two candidates declare","url":"\/24.2-526\/","token":"24.2\/5\/4\/24.2-526","metadata":false},{"id":78477,"structure_id":13314,"section_number":"24.2-527","catch_line":"Chairman or official to furnish State Board and general registrars with names of candidates and certify petition signature requirements met","url":"\/24.2-527\/","token":"24.2\/5\/4\/24.2-527","metadata":false},{"id":69054,"structure_id":13314,"section_number":"24.2-528","catch_line":"No primary candidate to be nominated by convention","url":"\/24.2-528\/","token":"24.2\/5\/4\/24.2-528","metadata":false},{"id":77138,"structure_id":13314,"section_number":"24.2-529","catch_line":"Primary ballots","url":"\/24.2-529\/","token":"24.2\/5\/4\/24.2-529","metadata":false},{"id":74539,"structure_id":13314,"section_number":"24.2-530","catch_line":"Who may vote in primary","url":"\/24.2-530\/","token":"24.2\/5\/4\/24.2-530","metadata":false},{"id":71257,"structure_id":13314,"section_number":"24.2-531","catch_line":"Pollbooks used during primaries","url":"\/24.2-531\/","token":"24.2\/5\/4\/24.2-531","metadata":false},{"id":54412,"structure_id":13314,"section_number":"24.2-532","catch_line":"Abstracts of votes; law-enforcement officer to obtain returns not forwarded","url":"\/24.2-532\/","token":"24.2\/5\/4\/24.2-532","metadata":false},{"id":79623,"structure_id":13314,"section_number":"24.2-533","catch_line":"Repealed","url":"\/24.2-533\/","token":"24.2\/5\/4\/24.2-533","metadata":false},{"id":66440,"structure_id":13314,"section_number":"24.2-534","catch_line":"Returns tabulated by State Board; when nominee declared","url":"\/24.2-534\/","token":"24.2\/5\/4\/24.2-534","metadata":false},{"id":86406,"structure_id":13314,"section_number":"24.2-535","catch_line":"Vote required to nominate","url":"\/24.2-535\/","token":"24.2\/5\/4\/24.2-535","metadata":false},{"id":63173,"structure_id":13314,"section_number":"24.2-536","catch_line":"Procedure when a vacancy in office occurs less than 75 days before primary date","url":"\/24.2-536\/","token":"24.2\/5\/4\/24.2-536","metadata":false},{"id":59745,"structure_id":13314,"section_number":"24.2-537","catch_line":"Procedure when nominee by default dies or withdraws or nomination is set aside prior to primary","url":"\/24.2-537\/","token":"24.2\/5\/4\/24.2-537","metadata":false},{"id":77625,"structure_id":13314,"section_number":"24.2-538","catch_line":"Procedure when opposed candidate for nomination dies prior to primary","url":"\/24.2-538\/","token":"24.2\/5\/4\/24.2-538","metadata":false},{"id":65224,"structure_id":13314,"section_number":"24.2-538.1","catch_line":"Procedure when pre-election withdrawal of candidacy results in unopposed primary","url":"\/24.2-538.1\/","token":"24.2\/5\/4\/24.2-538.1","metadata":false}],"previous_section":{"id":86406,"structure_id":13314,"section_number":"24.2-535","catch_line":"Vote required to nominate","url":"\/24.2-535\/","token":"24.2\/5\/4\/24.2-535","metadata":false},"next_section":{"id":59745,"structure_id":13314,"section_number":"24.2-537","catch_line":"Procedure when nominee by default dies or withdraws or nomination is set aside prior to primary","url":"\/24.2-537\/","token":"24.2\/5\/4\/24.2-537","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-536\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1993, chapter 641; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0449\">449<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0645\">645<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":188349,"object_type":"law","relational_id":63173,"identifier":"24.2-536","token":"24.2\/5\/4\/24.2-536","url":"\/24.2-536\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-536\/","token":"24.2\/5\/4\/24.2-536","dublin_core":{"Title":"Procedure when a vacancy in office occurs less than 75 days before primary date","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-536","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>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 <span class=\"dictionary\">primary<\/span>, the properly constituted <span class=\"dictionary\">party<\/span> authorities may permit the filing of declarations and <span class=\"dictionary\">petitions<\/span> of candidacy for nomination for that office in the <span class=\"dictionary\">primary<\/span>. Notice of the vacancy and the right to file declarations and <span class=\"dictionary\">petitions<\/span> of candidacy for nomination to fill it shall be advertised by the <span class=\"dictionary\">party<\/span> committee or committees in at least one newspaper of general circulation within the Commonwealth if it is an office filled by <span class=\"dictionary\">election<\/span> by the people at large, and in the manner prescribed by the properly constituted <span class=\"dictionary\">party<\/span> authorities in the case of all other offices. No declaration and <span class=\"dictionary\">petitions<\/span> 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 <span class=\"dictionary\">primary<\/span>. Declarations and <span class=\"dictionary\">petitions<\/span> 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 <span class=\"dictionary\">petitions<\/span> in this article.\n\t\tIf more than one person qualifies, the <span class=\"dictionary\">party<\/span> chairman shall promptly certify their names to the <span class=\"dictionary\">State Board<\/span> and the appropriate <span class=\"dictionary\">electoral boards<\/span> as having qualified under the provisions of this section. The <span class=\"dictionary\">electoral boards<\/span> having charge of the printing of the official ballots for the <span class=\"dictionary\">primary<\/span> shall either:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Cause to be printed on the ballot the name of each person so certified; or <a id=\"paragraph-230351\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-536\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> 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.\n\t\t\tIn the event that only one person qualifies as a <span class=\"dictionary\">candidate<\/span> 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 <span class=\"dictionary\">primary<\/span> ballot.\n\t\t\tIn the event that no person qualifies as a <span class=\"dictionary\">candidate<\/span> under the provisions of this section, or that the vacancy occurs less than 45 days before the <span class=\"dictionary\">primary<\/span>, the appropriate committee of the <span class=\"dictionary\">political party<\/span> shall determine the time and method of nominating its <span class=\"dictionary\">candidate<\/span> for the office. <a id=\"paragraph-230352\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-536\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE WHEN A VACANCY IN OFFICE OCCURS LESS THAN 75 DAYS BEFORE PRIMARY DATE\n(\u00a7 24.2-536)\n\nWhenever, by reason of the death, resignation, or removal of the incumbent, a\nvacancy in any office occurs less than 75 but more than 45 days before the\nregular date for the holding of a primary, the properly constituted party\nauthorities may permit the filing of declarations and petitions of candidacy for\nnomination for that office in the primary. Notice of the vacancy and the right\nto file declarations and petitions of candidacy for nomination to fill it shall\nbe advertised by the party committee or committees in at least one newspaper of\ngeneral circulation within the Commonwealth if it is an office filled by\nelection by the people at large, and in the manner prescribed by the properly\nconstituted party authorities in the case of all other offices. No declaration\nand petitions of candidacy shall be filed with the committee or committees until\nsuch advertisement is made, nor within 35 days prior to the date for holding the\nprimary. Declarations and petitions of candidacy filed pursuant to this section\nshall comply in every respect, except for the time of filing, with the\nrequirements established generally for such declarations and petitions in this\narticle.\n\t\tIf more than one person qualifies, the party chairman shall promptly certify\ntheir names to the State Board and the appropriate electoral boards as having\nqualified under the provisions of this section. The electoral boards having\ncharge of the printing of the official ballots for the primary shall either:\n\n1. Cause to be printed on the ballot the name of each person so certified; or\n\n2. If the official ballots have already been printed, cause separate ballots to\nbe printed for the office for which the persons have qualified pursuant to this\nsection.\n\t\t\tIn the event that only one person qualifies as a candidate under the\nprovisions of this section, the person so qualifying shall be declared the\nnominee of his party for that office and his name shall not be printed on the\nprimary ballot.\n\t\t\tIn the event that no person qualifies as a candidate under the provisions of\nthis section, or that the vacancy occurs less than 45 days before the primary,\nthe appropriate committee of the political party shall determine the time and\nmethod of nominating its candidate for the office.\n\nHISTORY: Code 1950, \u00a7 24-362; 1970, c. 462, \u00a7 24.1-194; 1993, c. 641; 2010,\ncc. 449, 645.","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}}