24.2-538 - Procedure when opposed candidate for nomination dies prior to primary.
§ 24.2-538. Procedure when opposed candidate for nomination dies prior toprimary.
If any person who is a candidate for nomination by a political party at aprimary election, and who, along with one or more other candidates, hasqualified to have his name printed on the official ballot for the primary,dies 45 days or more before the day on which the primary is to be held, anyperson otherwise qualified who desires to be a candidate at that primary mayfile a declaration of and petition for his candidacy with the proper chairmanof his party committee. The declaration and petition shall comply in everyrespect with the requirements established generally for such declarations andpetitions by this article, except that the declaration and petition shall befiled at least 35 days before the day on which the primary is to be held.
The party chairman or chairmen shall promptly certify the names of every suchperson to the State Board and appropriate electoral boards as havingqualified under the provisions of this section. Every electoral board havingcharge of the printing of 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 containing the names of those candidates otherthan the decedent who have theretofore qualified and the names of thosecertified to it as having qualified pursuant to the provisions of thissection. The board may, in its discretion, cause to be stricken from theballots already printed the title of the office involved and the names of allcandidates for nomination for the office appearing thereon.
Whenever any additional candidate shall qualify pursuant to this section, noballots theretofore cast by absentee vote for a candidate for such officeshall be counted, but any person who has so voted shall be entitled toreceive a new ballot and to vote for his choice among all the candidates forsuch office.
(Code 1950, § 24-392; 1970, c. 462, § 24.1-196; 1976, c. 616; 1993, c. 641;2010, cc. 449, 645.)