                                 CODE OF VIRGINIA

PROCEDURE WHEN NOMINEE BY DEFAULT DIES OR WITHDRAWS OR NOMINATION IS SET ASIDE
PRIOR TO PRIMARY (§ 24.2-537)

A. 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.

B. If the party committee determines that the party&#8217;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.
			If 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. Cause to be printed thereon the name of every person so certified; or

   2. 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.
   				In 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.
   				In 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. 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.

HISTORY: Code 1950, § 24-391; 1970, c. 462, § 24.1-195; 1983, c. 483; 1993, c.
641; 2010, cc. 449, 645.