{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-538.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-538.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-538.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-538.html"}],"law_id":77625,"edition_id":1,"section_id":77625,"structure_id":13314,"section_number":"24.2-538","catch_line":"Procedure when opposed candidate for nomination dies prior to primary","history":"Code 1950, \u00a7 24-392; 1970, c. 462, \u00a7 24.1-196; 1976, c. 616; 1993, c. 641; 2010, cc. 449, 645.","full_text":"If any person who is a candidate for nomination by a political party at a primary election, and who, along with one or more other candidates, has qualified to have his name printed on the official ballot for the primary, dies 45 days or more before the day on which the primary is to be held, any person otherwise qualified who desires to be a candidate at that primary may file a declaration of and petition for his candidacy with the proper chairman of his party committee. The declaration and petition shall comply in every respect with the requirements established generally for such declarations and petitions by 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\tThe party chairman or chairmen shall promptly certify the names of every such person to the State Board and appropriate electoral boards as having qualified under the provisions of this section. Every electoral board having charge of the printing of official ballots for the primary election shall either:\n\n1\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 containing the names of those candidates other than the decedent who have theretofore qualified and the names of those certified to it as having qualified pursuant to the provisions of this section. The board may, in its discretion, cause to be stricken from the ballots already printed the title of the office involved and the names of all candidates for nomination for the office appearing thereon.\n\t\t\tWhenever any additional candidate shall qualify pursuant to this section, no ballots theretofore cast by absentee vote for a candidate for such office shall be counted, but any person who has so voted shall be entitled to receive a new ballot and to vote for his choice among all the candidates for such office.","order_by":null,"text":{"0":{"id":278464,"text":"If any person who is a candidate for nomination by a political party at a primary election, and who, along with one or more other candidates, has qualified to have his name printed on the official ballot for the primary, dies 45 days or more before the day on which the primary is to be held, any person otherwise qualified who desires to be a candidate at that primary may file a declaration of and petition for his candidacy with the proper chairman of his party committee. The declaration and petition shall comply in every respect with the requirements established generally for such declarations and petitions by 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\tThe party chairman or chairmen shall promptly certify the names of every such person to the State Board and appropriate electoral boards as having qualified under the provisions of this section. Every electoral board having charge of the printing of official ballots for the primary election shall either:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":278465,"text":"Cause to be printed thereon the name of every 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":278466,"text":"If the official ballots have already been printed, cause separate ballots to be printed for the office containing the names of those candidates other than the decedent who have theretofore qualified and the names of those certified to it as having qualified pursuant to the provisions of this section. The board may, in its discretion, cause to be stricken from the ballots already printed the title of the office involved and the names of all candidates for nomination for the office appearing thereon.\n\t\t\tWhenever any additional candidate shall qualify pursuant to this section, no ballots theretofore cast by absentee vote for a candidate for such office shall be counted, but any person who has so voted shall be entitled to receive a new ballot and to vote for his choice among all the candidates for such 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":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},"next_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","url":"\/24.2-538.1\/","token":"24.2\/5\/4\/24.2-538.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-538\/","history_text":"<p>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 1976, chapter 616; 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":188357,"object_type":"law","relational_id":77625,"identifier":"24.2-538","token":"24.2\/5\/4\/24.2-538","url":"\/24.2-538\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-538\/","token":"24.2\/5\/4\/24.2-538","dublin_core":{"Title":"Procedure when opposed candidate for nomination dies prior to primary","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-538","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If any person who is a <span class=\"dictionary\">candidate<\/span> for nomination by a <span class=\"dictionary\">political party<\/span> at a <span class=\"dictionary\">primary election<\/span>, and who, along with one or more other <span class=\"dictionary\">candidates<\/span>, has qualified to have his name printed on the official ballot for the primary, dies 45 days or more before the day on which the primary is to be held, any person otherwise qualified who desires to be a <span class=\"dictionary\">candidate<\/span> at that primary may file a declaration of and <span class=\"dictionary\">petition<\/span> for his candidacy with the proper chairman of his party committee. The declaration and <span class=\"dictionary\">petition<\/span> shall comply in every respect with the requirements established generally for such declarations and <span class=\"dictionary\">petitions<\/span> by this article, except that the declaration and <span class=\"dictionary\">petition<\/span> shall be filed at least 35 days before the day on which the primary is to be held.\n\t\tThe party chairman or chairmen shall promptly certify the names of every such person to the <span class=\"dictionary\">State Board<\/span> and appropriate <span class=\"dictionary\">electoral boards<\/span> as having qualified under the provisions of this section. Every <span class=\"dictionary\">electoral board<\/span> having charge of the printing of official ballots for the <span class=\"dictionary\">primary election<\/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 thereon the name of every person so certified; or <a id=\"paragraph-278465\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-538\/#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 containing the names of those <span class=\"dictionary\">candidates<\/span> other than the decedent who have theretofore qualified and the names of those certified to it as having qualified pursuant to the provisions of this section. The board may, in its discretion, cause to be stricken from the ballots already printed the title of the office involved and the names of all <span class=\"dictionary\">candidates<\/span> for nomination for the office appearing thereon.\n\t\t\tWhenever any additional <span class=\"dictionary\">candidate<\/span> shall qualify pursuant to this section, no ballots theretofore cast by absentee vote for a <span class=\"dictionary\">candidate<\/span> for such office shall be counted, but any person who has so voted shall be entitled to receive a new ballot and to vote for his choice among all the <span class=\"dictionary\">candidates<\/span> for such office. <a id=\"paragraph-278466\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/24.2-538\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE WHEN OPPOSED CANDIDATE FOR NOMINATION DIES PRIOR TO PRIMARY (\u00a7\n24.2-538)\n\nIf any person who is a candidate for nomination by a political party at a\nprimary election, and who, along with one or more other candidates, has\nqualified to have his name printed on the official ballot for the primary, dies\n45 days or more before the day on which the primary is to be held, any person\notherwise qualified who desires to be a candidate at that primary may file a\ndeclaration of and petition for his candidacy with the proper chairman of his\nparty committee. The declaration and petition shall comply in every respect with\nthe requirements established generally for such declarations and petitions by\nthis article, except that the declaration and petition shall be filed at least\n35 days before the day on which the primary is to be held.\n\t\tThe party chairman or chairmen shall promptly certify the names of every such\nperson to the State Board and appropriate electoral boards as having qualified\nunder the provisions of this section. Every electoral board having charge of the\nprinting of official ballots for the primary election shall either:\n\n1. Cause to be printed thereon the name of every person so certified; or\n\n2. If the official ballots have already been printed, cause separate ballots to\nbe printed for the office containing the names of those candidates other than\nthe decedent who have theretofore qualified and the names of those certified to\nit as having qualified pursuant to the provisions of this section. The board\nmay, in its discretion, cause to be stricken from the ballots already printed\nthe title of the office involved and the names of all candidates for nomination\nfor the office appearing thereon.\n\t\t\tWhenever any additional candidate shall qualify pursuant to this section, no\nballots theretofore cast by absentee vote for a candidate for such office shall\nbe counted, but any person who has so voted shall be entitled to receive a new\nballot and to vote for his choice among all the candidates for such office.\n\nHISTORY: Code 1950, \u00a7 24-392; 1970, c. 462, \u00a7 24.1-196; 1976, c. 616; 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}}