                                 CODE OF VIRGINIA

PROCEDURE WHEN PRE-ELECTION WITHDRAWAL OF CANDIDACY RESULTS IN UNOPPOSED PRIMARY
(§ 24.2-538.1)

A. If a person who is a candidate for nomination by a political party at a
primary election and who has qualified to have his name printed on the ballot
for such election, submits, on or after the forty-fourth day before but prior to
the Tuesday immediately preceding the primary election, a signed and notarized
notice of his intent to withdraw in accordance with &#xA7; 24.2-612.2, and the
result of such withdrawal is one remaining candidate who is now unopposed for
nomination by the political party, such remaining candidate shall be declared
the nominee of such political party for the office sought and the primary
election shall be canceled as set forth in subsection B.

B. Upon receipt of a candidate&#8217;s signed and notarized notice of withdrawal
made pursuant to &#xA7; 24.2-612.2, the general registrar shall immediately
transmit such notice to the local electoral board and the State Board and
certify that the remaining candidate, identified by name, is now unopposed for
nomination by the political party for the office sought. Within one calendar day
of receiving such notice and certification, the State Board shall declare the
remaining candidate to be the nominee of such political party for the office
sought. As soon as possible thereafter, the local electoral board shall petition
the circuit court for the cancellation of the primary election.

C. The State Board shall prescribe the procedures for canceling a primary
election pursuant to this section, including instructions for locking and
securing voting systems, the disposition of marked and unmarked absentee
ballots, and voter notification.

D. The provisions of this section shall not apply to primaries for the
nomination of candidates for the office of President of the United States held
pursuant to Article 7 (&#xA7; 24.2-544 et seq.).

HISTORY: 2024, cc. 166, 230.