                                 CODE OF VIRGINIA

HOW OTHER GROUPS MAY SUBMIT NAMES OF ELECTORS; OATHS OF ELECTORS (§ 24.2-242)

A. A group of qualified voters, not constituting a political party as defined in
&#xA7; 24.2-101, may have the names of nominated electors selected by them,
which shall include one elector residing in each congressional district and two
from the Commonwealth at large, printed upon the official ballot to be used in
the election of electors for President and Vice President by filing a petition
pursuant to this section.

B. The petition shall have printed on the front of each page the names of the
individuals nominated to be electors by the petitioners, the party name under
which they desire to be nominated electors to be listed on the ballot, and the
names of the candidates for President and Vice President for whom the nominated
electors are required to vote in the Electoral College.
			The petition shall be signed by at least 5,000 qualified voters and include
signatures of at least 200 qualified voters from each congressional district.
The petition shall be signed by petitioners on and after January 1 of the year
of the presidential election and contain the residence address of each
petitioner. The signature of each petitioner shall be witnessed either by an
individual who is a constitutionally qualified candidate for President, who may
witness his own petition, or by an individual who is not a minor or a felon
whose voting rights have not been restored and whose affidavit to that effect
appears on each page of the petition. Each individual circulating a petition who
is not a legal resident of the Commonwealth shall sign a statement on the
affidavit that he consents to the jurisdiction of the courts of Virginia in
resolving any disputes concerning the circulation of petitions, or signatures
contained therein, by that individual. The signatures of qualified voters
collected by a nonresident petition circulator who fails to sign such statement,
or who later fails to appear or produce documents when properly served with a
subpoena to do so, shall not be counted toward the minimum number of signatures
required pursuant to this subsection.

C. The petition shall be filed with the State Board by noon of the
seventy-fourth day before the presidential election. The individuals filing the
petition shall file with a copy of a subscribed and notarized oath by each
nominated elector pursuant to &#xA7; 24.2-240. In order to utilize a selected
party name on the ballot, the petitioners shall have had, for at least six
months prior to filing the petition, a state central committee composed of
registered voters from each congressional district of the Commonwealth, a party
plan and bylaws, and a duly designated chairman and secretary in existence and
holding office. The State Board may require proof that the petitioners meet
these requirements before permitting use of a party name on the ballot. The
party name shall not be identical or substantially similar to the name of any
political party qualifying under &#xA7; 24.2-101 and then in existence.

D. In the event that a group of qualified voters meets the requirements set
forth in this section except that they cannot utilize a party name, the
nominated electors and the candidates for President and Vice President shall be
identified and designated as &#8220;Independent&#8221; on the ballot.
Substitution of a different candidate for Vice President may be made by the
candidate for President before the State Board certifies to the county and city
electoral boards the form of the official ballot.

E. In the event of the death, withdrawal, or disqualification of a candidate for
President or Vice President qualified to appear on the ballot pursuant to this
section, the petitioner may substitute the name of a different candidate before
the State Board certifies to the county and city electoral boards the form of
the official ballots.
			In the event of the death, withdrawal, or disqualification of any individual
listed as a nominated elector for candidates for President and Vice President on
a petition filed pursuant to this section, the petitioners or candidate for
President, as applicable, may substitute the name of a different nominated
elector. Such substitution shall not invalidate any petition of qualified voters
circulated with the name of the deceased, withdrawn, or disqualified nominated
elector provided that notice of the substitution is filed with the State Board
by noon of the seventy-fourth day before the presidential election.
			Notice of the substitution and the name of any substitute candidate or
nominated elector shall be submitted on a form prepared by the State Board.

F. If the State Board determines that a candidate for President does not qualify
to have his name appear on the ballot pursuant to this section by reason of the
group of qualified voters&#8217; filed petition not containing the minimum
number of signatures of qualified voters for the office sought, the candidate
may appeal the determination to the State Board within seven calendar days of
the issuance of the notice of disqualification. The notice of disqualification
shall be sent by email or regular mail to the address on file for the candidate,
and such notice shall be deemed sufficient. The State Board shall hear the
appeal within three business days of the filing of the appeal.
			The State Board shall develop procedures for the conduct of such an appeal.
The consideration on appeal shall be limited to whether the signatures on the
petitions that were filed were reasonably rejected according to the requirements
of this title and the rules and procedures adopted by the State Board for
checking petitions. Immediately after the conclusion of the appeal hearing, the
State Board shall notify the candidate of its decision in writing. The decision
on appeal shall be final and not subject to further appeal.

HISTORY: 2024, c. 801.