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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>77625</law_id><section_number>24.2-538</section_number><catch_line>Procedure when opposed candidate for nomination dies prior to primary</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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="4">Conduct of Primaries</unit></structure><text>
						<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.
		The 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>
						<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"/></a></p></section>
						<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.
			Whenever 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"/></a></p></section></text><history>Code 1950, &#xA7; 24-392; 1970, c. 462, &#xA7; 24.1-196; 1976, c. 616; 1993, c. 641; 2010, cc. 449, 645.</history><metadata></metadata></law>
