24.2-509 - Party to determine method of nominating its candidates for office; exceptions.
§ 24.2-509. Party to determine method of nominating its candidates foroffice; exceptions.
A. The duly constituted authorities of the state political party shall havethe right to determine the method by which a party nomination for a member ofthe United States Senate or for any statewide office shall be made. The dulyconstituted authorities of the political party for the district, county,city, or town in which any other office is to be filled shall have the rightto determine the method by which a party nomination for that office shall bemade.
B. Notwithstanding subsection A, the following provisions shall apply to thedetermination of the method of making party nominations. A party shallnominate its candidate for election for a General Assembly district wherethere is only one incumbent of that party for the district by the methoddesignated by that incumbent, or absent any designation by him by the methodof nomination determined by the party. A party shall nominate its candidatesfor election for a General Assembly district where there is more than oneincumbent of that party for the district by a primary unless all theincumbents consent to a different method of nomination. A party, whosecandidate at the immediately preceding election for a particular office otherthan the General Assembly (i) was nominated by a primary or filed for aprimary but was not opposed and (ii) was elected at the general election,shall nominate a candidate for the next election for that office by a primaryunless all incumbents of that party for that office consent to a differentmethod.
When, under any of the foregoing provisions, no incumbents offer ascandidates for reelection to the same office, the method of nomination shallbe determined by the political party.
For the purposes of this subsection, any officeholder who offers forreelection to the same office shall be deemed an incumbent notwithstandingthat the district which he represents differs in part from that for which heoffers for election.
(Code 1950, §§ 24-348, 24-361, 24-363, 24-364; 1970, c. 462, §§ 24.1-171,24.1-172; 1971, Ex. Sess., c. 119; 1973, c. 30; 1975, c. 515; 1978, c. 778;1993, c. 641.)