24.2-536 - Procedure when a vacancy in office occurs less than 75 days before primary date. - Virginia Statutes

§ 24.2-536. Procedure when a vacancy in office occurs less than 75 daysbefore primary date.

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

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 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 ballotsto be printed for the office for which the persons have qualified pursuant tothis section.

In the event that only one person qualifies as a candidate under theprovisions of this section, the person so qualifying shall be declared thenominee of his party for that office and his name shall not be printed on theprimary ballot.

In the event that no person qualifies as a candidate under the provisions ofthis section, or that the vacancy occurs less than 45 days before theprimary, the appropriate committee of the political party shall determine thetime and method of nominating its candidate for the office.

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