                                 CODE OF VIRGINIA

PROCEDURE WHEN A VACANCY IN OFFICE OCCURS LESS THAN 75 DAYS BEFORE PRIMARY DATE
(§ 24.2-536)

Whenever, by reason of the death, resignation, or removal of the incumbent, a
vacancy in any office occurs less than 75 but more than 45 days before the
regular date for the holding of a primary, the properly constituted party
authorities may permit the filing of declarations and petitions of candidacy for
nomination for that office in the primary. Notice of the vacancy and the right
to file declarations and petitions of candidacy for nomination to fill it shall
be advertised by the party committee or committees in at least one newspaper of
general circulation within the Commonwealth if it is an office filled by
election by the people at large, and in the manner prescribed by the properly
constituted party authorities in the case of all other offices. No declaration
and petitions of candidacy shall be filed with the committee or committees until
such advertisement is made, nor within 35 days prior to the date for holding the
primary. Declarations and petitions of candidacy filed pursuant to this section
shall comply in every respect, except for the time of filing, with the
requirements established generally for such declarations and petitions in this
article.
		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 shall either:

1. Cause to be printed on the ballot the name of each person so certified; or

2. If the official ballots have already been printed, cause separate ballots to
be printed for the office for which the persons have qualified pursuant to this
section.
			In the event that only one person qualifies as a candidate under 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 under the provisions of
this section, or that the vacancy occurs less than 45 days before the primary,
the appropriate committee of the political party shall determine the time and
method of nominating its candidate for the office.

HISTORY: Code 1950, § 24-362; 1970, c. 462, § 24.1-194; 1993, c. 641; 2010,
cc. 449, 645.