{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-537.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-537.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-537.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-537.html"}],"law_id":59745,"edition_id":1,"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","history":"Code 1950, \u00a7 24-391; 1970, c. 462, \u00a7 24.1-195; 1983, c. 483; 1993, c. 641; 2010, cc. 449, 645.","full_text":"A\n\nIf any person who would have been nominated as the candidate of a political party for any office in any general election by reason of the fact that he was the only person who filed the required declaration of and petition for candidacy dies or withdraws as the party candidate, or his nomination is set aside for any reason, 45 days or more before the day on which the primary would have been held if two or more candidates had qualified, the appropriate committee of the political party shall determine the time and method of nominating its candidate for the office.B\n\nIf the party committee determines that the party’s nominee shall be elected at the scheduled primary, any person desiring to become a candidate for nomination by the party at that primary who is otherwise qualified may file a declaration of and petition for his candidacy with the proper chairman of his party committee. No person whose nomination has been set aside for fraud knowingly participated in by the candidate, or other person who knowingly participated in such fraud, shall be deemed qualified. The declaration and petition shall comply in every respect with the requirements established generally for such declarations and petitions in 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.\n\t\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 election shall either:1\n\nCause to be printed thereon the name of every person so certified; or2\n\nIf the official ballots have already been printed, cause separate ballots to be printed for the office for which two or more persons have qualified pursuant to the provisions of this section.\n\t\t\t\tIn the event that only one person qualifies as a candidate in accordance with 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\t\tIn the event that no person qualifies as a candidate pursuant to the provisions of this section, or that the death or withdrawal or setting aside of candidacy of any such party nominee should occur at a time which is less than 45 days prior to any such primary, the appropriate committee of the political party shall determine the time and method of nominating its candidate for the office.C\n\nNo party shall nominate any person whose nomination has been set aside for fraud knowingly participated in by the candidate, or any other person who knowingly participated in such fraud.","order_by":null,"text":{"0":{"id":218795,"text":"If any person who would have been nominated as the candidate of a political party for any office in any general election by reason of the fact that he was the only person who filed the required declaration of and petition for candidacy dies or withdraws as the party candidate, or his nomination is set aside for any reason, 45 days or more before the day on which the primary would have been held if two or more candidates had qualified, the appropriate committee of the political party shall determine the time and method of nominating its candidate for the office.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218796,"text":"If the party committee determines that the party’s nominee shall be elected at the scheduled primary, any person desiring to become a candidate for nomination by the party at that primary who is otherwise qualified may file a declaration of and petition for his candidacy with the proper chairman of his party committee. No person whose nomination has been set aside for fraud knowingly participated in by the candidate, or other person who knowingly participated in such fraud, shall be deemed qualified. The declaration and petition shall comply in every respect with the requirements established generally for such declarations and petitions in 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.\n\t\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 election shall either:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":218797,"text":"Cause to be printed thereon the name of every person so certified; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":218798,"text":"If the official ballots have already been printed, cause separate ballots to be printed for the office for which two or more persons have qualified pursuant to the provisions of this section.\n\t\t\t\tIn the event that only one person qualifies as a candidate in accordance with 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\t\tIn the event that no person qualifies as a candidate pursuant to the provisions of this section, or that the death or withdrawal or setting aside of candidacy of any such party nominee should occur at a time which is less than 45 days prior to any such primary, the appropriate committee of the political party shall determine the time and method of nominating its candidate for the office.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":218799,"text":"No party shall nominate any person whose nomination has been set aside for fraud knowingly participated in by the candidate, or any other person who knowingly participated in such fraud.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-537\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1983, chapter 483; in 1993, chapter 641; in 2010, chapters 449<\/a> and 645<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":188353,"object_type":"law","relational_id":59745,"identifier":"24.2-537","token":"24.2\/5\/4\/24.2-537","url":"\/24.2-537\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-537\/","token":"24.2\/5\/4\/24.2-537","dublin_core":{"Title":"Procedure when nominee by default dies or withdraws or nomination is set aside prior to primary","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-537","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any person who would have been nominated as the candidate<\/span> of a political party<\/span> for any office in any general election<\/span> by reason of the fact<\/span> that he was the only person who filed the required declaration of and petition<\/span> for candidacy dies or withdraws as the party candidate<\/span>, or his nomination is set aside for any reason, 45 days or more before the day on which the primary<\/span> would have been held if two or more candidates<\/span> had qualified, the appropriate committee of the political party<\/span> shall determine the time and method of nominating its candidate<\/span> for the office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the party committee determines that the party’s nominee shall be elected at the scheduled primary, any person desiring to become a candidate<\/span> for nomination by the party at that primary who is otherwise qualified may file a declaration of and petition<\/span> for his candidacy with the proper chairman of his party committee. No person whose nomination has been set aside for fraud<\/span> knowingly participated in by the candidate<\/span>, or other person who knowingly participated in such fraud<\/span>, shall be deemed qualified. The declaration and petition<\/span> shall comply in every respect with the requirements established generally for such declarations and petitions<\/span> in this article, except that the declaration and petition<\/span> shall be filed at least 35 days before the day on which the primary is to be held.\n\t\t\tIf more than one person qualifies, the party chairman shall promptly certify their names to the State Board<\/span> and the appropriate electoral boards<\/span> as having qualified under the provisions of this section. The electoral boards<\/span> having charge of the printing of the official ballots for the primary election<\/span> shall either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Cause to be printed thereon the name of every person so certified; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the official ballots have already been printed, cause separate ballots to be printed for the office for which two or more persons have qualified pursuant to the provisions of this section.\n\t\t\t\tIn the event that only one person qualifies as a candidate<\/span> in accordance with 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\t\tIn the event that no person qualifies as a candidate<\/span> pursuant to the provisions of this section, or that the death or withdrawal or setting aside of candidacy of any such party nominee should occur at a time which is less than 45 days prior to any such primary, the appropriate committee of the political party<\/span> shall determine the time and method of nominating its candidate<\/span> for the office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No party shall nominate any person whose nomination has been set aside for fraud<\/span> knowingly participated in by the candidate<\/span>, or any other person who knowingly participated in such fraud<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN NOMINEE BY DEFAULT DIES OR WITHDRAWS OR NOMINATION IS SET ASIDE\nPRIOR TO PRIMARY (\u00a7 24.2-537)\n\nA. If any person who would have been nominated as the candidate of a political\nparty for any office in any general election by reason of the fact that he was\nthe only person who filed the required declaration of and petition for candidacy\ndies or withdraws as the party candidate, or his nomination is set aside for any\nreason, 45 days or more before the day on which the primary would have been held\nif two or more candidates had qualified, the appropriate committee of the\npolitical party shall determine the time and method of nominating its candidate\nfor the office.\n\nB. If the party committee determines that the party’s nominee shall be\nelected at the scheduled primary, any person desiring to become a candidate for\nnomination by the party at that primary who is otherwise qualified may file a\ndeclaration of and petition for his candidacy with the proper chairman of his\nparty committee. No person whose nomination has been set aside for fraud\nknowingly participated in by the candidate, or other person who knowingly\nparticipated in such fraud, shall be deemed qualified. The declaration and\npetition shall comply in every respect with the requirements established\ngenerally for such declarations and petitions in this article, except that the\ndeclaration and petition shall be filed at least 35 days before the day on which\nthe primary is to be held.\n\t\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 election shall\neither:\n\n 1. Cause to be printed thereon the name of every person so certified; or\n\n 2. If the official ballots have already been printed, cause separate ballots\n to be printed for the office for which two or more persons have qualified\n pursuant to the provisions of this section.\n \t\t\t\tIn the event that only one person qualifies as a candidate in accordance\n with the provisions of this section, the person so qualifying shall be\n declared the nominee of his party for that office and his name shall not be\n printed on the primary ballot.\n \t\t\t\tIn the event that no person qualifies as a candidate pursuant to the\n provisions of this section, or that the death or withdrawal or setting aside\n of candidacy of any such party nominee should occur at a time which is less\n than 45 days prior to any such primary, the appropriate committee of the\n political party shall determine the time and method of nominating its\n candidate for the office.\n\nC. No party shall nominate any person whose nomination has been set aside for\nfraud knowingly participated in by the candidate, or any other person who\nknowingly participated in such fraud.\n\nHISTORY: Code 1950, \u00a7 24-391; 1970, c. 462, \u00a7 24.1-195; 1983, c. 483; 1993, c.\n641; 2010, cc. 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}}