{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-538.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-538.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-538.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-538.1.html"}],"law_id":65224,"edition_id":1,"section_id":65224,"structure_id":13314,"section_number":"24.2-538.1","catch_line":"Procedure when pre-election withdrawal of candidacy results in unopposed primary","history":"2024, cc. 166, 230.","full_text":"A\n\nIf 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\n\nUpon 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\n\nThe 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\n\nThe 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.).","order_by":null,"text":{"0":{"id":237246,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237247,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237248,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":237249,"text":"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.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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\/24.2-538.1\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapters 166<\/a> and 230<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":56932,"section_number":"24.2-544","catch_line":"Time presidential primaries to be held and completion of duties by officers of election; age qualifications for participation","order_by":null,"url":"\/24.2-544\/"},{"id":63746,"section_number":"24.2-612.2","catch_line":"Notice of withdrawal of candidates","order_by":null,"url":"\/24.2-612.2\/"}],"permalink":{"id":188361,"object_type":"law","relational_id":65224,"identifier":"24.2-538.1","token":"24.2\/5\/4\/24.2-538.1","url":"\/24.2-538.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-538.1\/","token":"24.2\/5\/4\/24.2-538.1","dublin_core":{"Title":"Procedure when pre-election withdrawal of candidacy results in unopposed primary","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-538.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a person who is a candidate<\/span> for nomination by a political party<\/span> at a primary election<\/span> 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<\/span>, a signed and notarized notice of his intent<\/span> to withdraw in accordance with § 24.2-612.2<\/a>, and the result of such withdrawal is one remaining candidate<\/span> who is now unopposed for nomination by the political party<\/span>, such remaining candidate<\/span> shall be declared the nominee of such political party<\/span> for the office sought and the primary election<\/span> shall be canceled as set forth in subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receipt of a candidate<\/span>’s signed and notarized notice of withdrawal made pursuant to § 24.2-612.2<\/a>, the general registrar<\/span> shall immediately transmit such notice to the local electoral board<\/span> and the State Board<\/span> and certify that the remaining candidate<\/span>, identified by name, is now unopposed for nomination by the political party<\/span> for the office sought. Within one calendar day of receiving such notice and certification, the State Board<\/span> shall declare the remaining candidate<\/span> to be the nominee of such political party<\/span> for the office sought. As soon as possible thereafter, the local electoral board<\/span> shall petition<\/span> the circuit<\/span> court<\/span> for the cancellation of the primary election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The State Board<\/span> shall prescribe the procedures for canceling a primary election<\/span> pursuant to this section, including instructions for locking and securing voting systems<\/span>, the disposition<\/span> of marked and unmarked absentee ballots, and voter notification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to primaries for the nomination of candidates<\/span> for the office of President of the United States held pursuant to Article 7 (§ 24.2-544<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN PRE-ELECTION WITHDRAWAL OF CANDIDACY RESULTS IN UNOPPOSED PRIMARY\n(\u00a7 24.2-538.1)\n\nA. If a person who is a candidate for nomination by a political party at a\nprimary election and who has qualified to have his name printed on the ballot\nfor such election, submits, on or after the forty-fourth day before but prior to\nthe Tuesday immediately preceding the primary election, a signed and notarized\nnotice of his intent to withdraw in accordance with § 24.2-612.2, and the\nresult of such withdrawal is one remaining candidate who is now unopposed for\nnomination by the political party, such remaining candidate shall be declared\nthe nominee of such political party for the office sought and the primary\nelection shall be canceled as set forth in subsection B.\n\nB. Upon receipt of a candidate’s signed and notarized notice of withdrawal\nmade pursuant to § 24.2-612.2, the general registrar shall immediately\ntransmit such notice to the local electoral board and the State Board and\ncertify that the remaining candidate, identified by name, is now unopposed for\nnomination by the political party for the office sought. Within one calendar day\nof receiving such notice and certification, the State Board shall declare the\nremaining candidate to be the nominee of such political party for the office\nsought. As soon as possible thereafter, the local electoral board shall petition\nthe circuit court for the cancellation of the primary election.\n\nC. The State Board shall prescribe the procedures for canceling a primary\nelection pursuant to this section, including instructions for locking and\nsecuring voting systems, the disposition of marked and unmarked absentee\nballots, and voter notification.\n\nD. The provisions of this section shall not apply to primaries for the\nnomination of candidates for the office of President of the United States held\npursuant to Article 7 (§ 24.2-544 et seq.).\n\nHISTORY: 2024, cc. 166, 230.","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}}