24.2-545 - Presidential primary.
§ 24.2-545. Presidential primary.
A. The duly constituted authorities of the state political party shall havethe right to determine the method by which the state party will select itsdelegates to the national convention to choose the party's nominees forPresident and Vice President of the United States including a presidentialprimary or another method determined by the party. The state chairman shallnotify the State Board of the party's determination at least 90 days beforethe primary date. If the party has determined that it will hold apresidential primary, each registered voter of the Commonwealth shall begiven an opportunity to participate in the presidential primary of thepolitical party, as defined in § 24.2-101, subject to requirements determinedby the political party for participation in its presidential primary. Therequirements may include, but shall not be limited to, the signing of apledge by the voter of his intention to support the party's candidate whenoffering to vote in the primary. The requirements applicable to a party'sprimary shall be determined at least 90 days prior to the primary date andcertified to, and approved by, the State Board.
B. Any person seeking the nomination of the national political party for theoffice of President of the United States, or any group organized in thisCommonwealth on behalf of, and with the consent of such person, may file withthe State Board petitions signed by at least 10,000 qualified voters,including at least 400 qualified voters from each congressional district inthe Commonwealth, who attest that they intend to participate in the primaryof the same political party as the candidate for whom the petitions arefiled. Such petitions shall be filed with the State Board by the primaryfiling deadline. The petitions shall be on a form prescribed by the StateBoard and shall be sealed in one or more containers to which is attached awritten statement giving the name of the presidential candidate and thenumber of signatures on the petitions contained in the containers. Suchperson or group shall also attach a list of the names of persons who would beelected delegates and alternate delegates to the political party's nationalconvention if the person wins the primary and the party has determined thatits delegates will be selected pursuant to the primary. The slate ofdelegates and alternates shall comply with the rules of the national andstate party.
The State Board shall transmit the material so filed to the state chairman ofthe party of the candidate immediately after the primary filing deadline. Thesealed containers containing the petitions for a candidate may be opened onlyby the state chairman of the party of the candidate. The state chairman ofthe party shall, by the deadline set by the State Board, furnish to the StateBoard the names of all candidates who have satisfied the requirements of thissection. Whenever only one candidate for a party's nomination for Presidentof the United States has met the requirements to have his name on the ballot,he will be declared the winner and no presidential primary for that partywill be held.
C. The names of all candidates in the presidential primary of each politicalparty shall appear on the ballot in an order determined by lot by the StateBoard.
D. The State Board shall certify the results of the presidential primary tothe state chairman. If the party has determined that its delegates andalternates will be selected pursuant to the primary, the slate of delegatesand alternates of the candidate receiving the most votes in the primary shallbe deemed elected by the state party. If the party has determined to useanother method for selecting delegates and alternates, those delegates andalternates shall be bound to vote on the first ballot at the nationalconvention for the candidate receiving the most votes in the primary unlessthat candidate releases those delegates and alternates from such vote.
E. The election, or binding of votes, of delegates to a political party'snational convention for the nomination of that party's candidates forPresident and Vice President of the United States through the presidentialprimary process shall be considered to be equivalent to a primary for thenomination of a party's candidate.
F. The cost of the presidential primary shall be paid by the Commonwealthpursuant to the provisions of the appropriation act.
(1999, c. 972; 2000, c. 379; 2003, c. 1015.)