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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79619</law_id><section_number>24.2-509</section_number><catch_line>Party to determine method of nominating its candidates for office; exceptions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>24.2-516</reference><reference>24.2-528</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="5">Candidates for Office</unit><unit label="article" level="3" order_by="1" identifier="3">Nominations of Candidates by Political Parties</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The duly constituted authorities of the state <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">qualified voters</span> who are otherwise eligible to participate in the nominating process under that <span class="dictionary">political party</span>&#x2019;s rules but are unable to attend meetings because they are (i) a member of a uniformed service, as defined in &#xA7; <a class="law" title="Definitions" href="/24.2-452/">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 <span class="dictionary">person with a disability</span>; or (v) a person who has a communicable disease of public health threat as defined in &#xA7; <a class="law" title="Definitions" href="/32.1-48.06/">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 <span class="dictionary">candidate</span> for a <span class="dictionary">special election</span> or nominating a <span class="dictionary">candidate</span> pursuant to &#xA7; <a class="law" title="Party may nominate when nominee dies, withdraws, or nomination is set aside; duty of party chairman" href="/24.2-539/">24.2-539</a>, or in the event that no <span class="dictionary">candidate</span> files the required paperwork by the deadline prescribed in &#xA7; <a class="law" title="When and to whom filings to be made" href="/24.2-522/">24.2-522</a>. <a id="paragraph-285294" class="section-permalink" href="https://vacode.org/24.2-509/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">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 <span class="dictionary">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 <span class="dictionary">candidates</span> for election for a General Assembly district where there is more than one incumbent of that party for the district by a <span class="dictionary">primary</span> unless all the incumbents consent to a different method of nomination. A party, whose <span class="dictionary">candidate</span> at the immediately preceding election for a particular office other than the General Assembly (i) was nominated by a <span class="dictionary">primary</span> or filed for a <span class="dictionary">primary</span> but was not opposed and (ii) was elected at the <span class="dictionary">general election</span>, shall nominate a <span class="dictionary">candidate</span> for the next election for that office by a <span class="dictionary">primary</span> unless all incumbents of that party for that office consent to a different method.
			When, under any of the foregoing provisions, no incumbents offer as <span class="dictionary">candidates</span> for reelection to the same office, the method of nomination shall be determined by the <span class="dictionary">political party</span>.
			For 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. <a id="paragraph-285295" class="section-permalink" href="https://vacode.org/24.2-509/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 24-348, 24-361, 24-363, 24-364; 1970, c. 462, &#xA7;&#xA7; 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.</history><metadata></metadata></law>
