24.2-537 - Procedure when nominee by default dies or withdraws or nomination is set aside prior to primary.
§ 24.2-537. Procedure when nominee by default dies or withdraws or nominationis set aside prior to primary.
A. If any person who would have been nominated as the candidate of apolitical party for any office in any general election by reason of the factthat he was the only person who filed the required declaration of andpetition for candidacy dies or withdraws as the party candidate, or hisnomination is set aside for any reason, 45 days or more before the day onwhich the primary would have been held if two or more candidates hadqualified, the appropriate committee of the political party shall determinethe time and method of nominating its candidate for the office.
B. If the party committee determines that the party's nominee shall beelected at the scheduled primary, any person desiring to become a candidatefor nomination by the party at that primary who is otherwise qualified mayfile a declaration of and petition for his candidacy with the proper chairmanof his party committee. No person whose nomination has been set aside forfraud knowingly participated in by the candidate, or other person whoknowingly participated in such fraud, shall be deemed qualified. Thedeclaration and petition shall comply in every respect with the requirementsestablished generally for such declarations and petitions in this article,except that the declaration and petition shall be filed at least 35 daysbefore the day on which the primary is to be held.
If more than one person qualifies, the party chairman shall promptly certifytheir names to the State Board and the appropriate electoral boards as havingqualified under the provisions of this section. The electoral boards havingcharge of the printing of the official ballots for the primary election shalleither:
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 ballotsto be printed for the office for which two or more persons have qualifiedpursuant to the provisions of this section.
In the event that only one person qualifies as a candidate in accordance withthe provisions of this section, the person so qualifying shall be declaredthe nominee of his party for that office and his name shall not be printed onthe primary ballot.
In the event that no person qualifies as a candidate pursuant to theprovisions of this section, or that the death or withdrawal or setting asideof candidacy of any such party nominee should occur at a time which is lessthan 45 days prior to any such primary, the appropriate committee of thepolitical party shall determine the time and method of nominating itscandidate for the office.
C. No party shall nominate any person whose nomination has been set aside forfraud knowingly participated in by the candidate, or any other person whoknowingly participated in such fraud.
(Code 1950, § 24-391; 1970, c. 462, § 24.1-195; 1983, c. 483; 1993, c. 641;2010, cc. 449, 645.)