HB1116: Political parties; notification of adoption of primary election, certification of candidates.
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-509, 24.2-511, 24.2-516, 24.2-517, and 24.2-527 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-509. Party to determine method of nominating its candidates for office; exceptions.
A. The duly constituted authorities of the state political party shall have the right to determine the method by which a party nomination for a member of the United States Senate or for any statewide office shall be made. The duly constituted authorities of the political party for the district, county, city, or town in which any other office is to be filled shall have the right to determine the method by which a party nomination for that office shall be made.
B. Notwithstanding subsection A, the following provisions
shall apply to the determination of the method of making party nominations. A a
party shall nominate its candidate candidates for election
for a to the General Assembly district where there is only one
incumbent of that party for the district by the method designated by that
incumbent, or absent any designation by him by the method of nomination
determined by the party. A party shall nominate its candidates for election for
a General Assembly district where there is more than one incumbent of that
party for the district by a primary unless all the incumbents consent to a
different method of nomination. A party, whose candidate at the immediately
preceding election for a particular office other than the General Assembly (i)
was nominated by a primary or filed for a primary 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 primary unless all incumbents of
that party for that office consent to a different method the party
chooses a single alternative method of nomination for all such candidates.
When, under any of the foregoing provisions, no incumbents
offer as candidates for reelection to the same office, the method of nomination
shall be determined by the political party.
For the purposes of this subsection, any officeholder who
offers for reelection to the same office shall be deemed an incumbent
notwithstanding that the district which he represents differs in part from that
for which he offers for election.
§ 24.2-511. Party chairman or official to certify candidates to the Department of Elections; failure to certify.
A. The state, district, or other appropriate party
chairman, or the chairman's designee, shall certify the name of any
candidate who has been nominated by his party by a method other than a primary
for any office to be elected by the qualified voters of (i) the
Commonwealth at large, (ii) a congressional district or a General Assembly
district, or (iii) political subdivisions jointly electing a shared
constitutional officer, along with the date of the nomination of the
candidate, to the State Board Department not later than five days
after the last day for nominations to be made. Such certification shall be
on a form and in a format prescribed by the Department. The State Board
Department shall notify the general registrars of the names of the
candidates to appear on the ballot for such offices.
B. The party chairman of the district or political
subdivision in which any other office is to be filled shall certify the name of
any candidate for that office who has been nominated by his party by a method
other than a primary to the State Board and to the general registrars of the
cities and counties in which the name of the candidate will appear on the
ballot not later than five days after the last day for nominations to be made.
Should the party chairman fail to make such certification, the State Board
shall declare that the candidate is the nominee of the particular party and
direct that his name be treated as if certified by the party chairman.
C. In the case of a nomination for any office to be filled
by a special election, the state party chairman, or the chairman's
designee, shall certify the name of any candidate (i) by the deadline to
nominate the candidate or (ii) not later than five days after the deadline if
it is a special election held at the second November election after the vacancy
occurred.
C. If the state party chairman, or the chairman's designee, fails to certify to the Department the name of a candidate nominated for an office by the deadline prescribed in subsection A or B, the Department shall declare that there is no candidate nominated by the party for that office.
D. No further notice declaration of candidacy or
petition shall be required of a candidate once the state party chairman,
or the chairman's designee, has certified his name to the State Board
Department.
E. In no case shall the individual who is a candidate for an office be the person who certifies the name of the party candidate for that same office. In such case the party shall designate an alternate official to certify its candidate.
§ 24.2-516. Parties to furnish names of chairmen and notify Department of Elections of adoption of direct primary.
A. Each political party within the Commonwealth shall
furnish to the State Board Department the names name
and addresses address of its state, county, and city party
chairmen chairman in January of each year, and during the remainder
of the year it shall notify the Board Department of any changes
in such names name and addresses address.
B. At least 135 days prior to the regular date for a
primary, the Board Department shall inquire of each state
chairman and each county and city chairman (i) whether a direct
primary has been adopted for nominating candidates to any office other than
of the General Assembly and (ii) whether a nomination method other than a
direct primary has been adopted for candidates for an office of the General
Assembly. The Board Department shall advise each chairman
that notification to the Board Department of the adoption of a
direct primary or nomination method other than a direct primary is
required and must be filed with the Board Department not more
than 125 days and not less than 105 days before the date set for the primaries.
C. Each state party chairman, or the
chairman's designee, shall file timely written notice with the
Board Department (i) for any office other than of the General Assembly,
whether or not a primary has been adopted and identify each office for which a
primary has been adopted and (ii) for the General Assembly, whether a
nomination method other than a direct primary has been adopted and identify
each district for which a nomination method other than a direct primary has
been adopted. The requirement to notify the Board Department
of the adoption of a any direct primary or nomination method
other than direct primary shall be satisfied when the Board
Department receives by the deadline (i) written notice from the
appropriate state party chairman or (ii) a copy of the written
notice from an incumbent officeholder to his party chairman of the incumbent's
selection, pursuant to § 24.2-509, of the primary as the method of nomination
or the chairman's designee.
D. The Department shall not order the holding of a primary election pursuant to § 24.2-517 for any office other than of the General Assembly without a timely filed notice as required by this section.
§ 24.2-517. Department of Elections to order election.
The State Board Department shall order the
holding of a primary election in any (i) county, city, or other district
of the Commonwealth in which it is notified pursuant to § 24.2-516 that a
primary is intended to be held and (ii) General Assembly district, unless
the party has notified the Department of a change in the nomination method for
General Assembly candidates pursuant to § 24.2-516. The notice ordering the
primary shall be sent to the secretary of the electoral board. Within five days
of the issuance of the order by the State Board Department, each
secretary shall post a copy of the notice on the official website of the county
or city, post copies of the notice at not less than 10 public places in the
county or city, or have notice of the election published at least once in a
newspaper of general circulation in the county or city.
§ 24.2-527. Chairman or designee to furnish Department of Elections with names of candidates and certify petition signature requirements met.
A. It shall be the duty of the state party chairman
or chairmen of the several committees, or the chairman's designee,
of the respective parties to furnish the name of any candidate for nomination
for any office to be elected by the qualified voters of the Commonwealth at
large or of a congressional district or of a General Assembly district to the
State Board, and to furnish the name of any candidate for any other office to
the State Board and to the general registrars charged with the duty of
preparing and printing the primary ballots to the Department, on a form
prescribed by the Department. In furnishing the name of any such candidate,
the chairman, or the chairman's designee, shall certify that a review of
the filed candidate petitions found the required minimum number of signatures
of qualified voters for that office to have been met. The chairman, or the
chairman's designee, shall also certify the order and date and time of
filing for purposes of printing the ballots as prescribed in § 24.2-529,
provided that the State Board shall determine the order and date and time of
filing for candidates for United States Senator, Governor, Lieutenant Governor,
and Attorney General for such purposes. Each state party chairman, or
the chairman's designee, shall comply with the provisions of this section
not less than 70 days before the primary.
B. In no case shall the individual who is a candidate for an office be the person who certifies the names of candidates for a primary for that same office. In such case, the party shall designate an alternate official to certify the candidates.
HOUSE BILL NO. 1116
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-511, 24.2-516, 24.2-517, and 24.2-527 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-511. Party chairman or official to certify candidates to the Department of Elections; failure to certify.
A. The state, district, or other
appropriate party chairman, or the
chairman's designee, shall certify the name of any
candidate who has been nominated by his party by a method other than a primary
for any office to be elected by the
qualified voters of (i) the Commonwealth
at large, (ii) a congressional district or a General Assembly district, or
(iii) political subdivisions jointly electing a shared constitutional officer,
along with the date of the nomination of the candidate, to the State Board Department not later than five
days after the last day for nominations to be made. Such
certification shall be on a form and in a format prescribed by the Department.
The State Board Department shall notify the
general registrars of the names of the candidates to appear on the ballot for
such offices.
B. The party chairman of the
district or political subdivision in which any other office is to be filled
shall certify the name of any candidate for that office who has been nominated
by his party by a method other than a primary to the State Board and to the
general registrars of the cities and counties in which the name of the
candidate will appear on the ballot not later than five days after the last day
for nominations to be made. Should the party chairman fail to make such
certification, the State Board shall declare that the candidate is the nominee
of the particular party and direct that his name be treated as if certified by
the party chairman.
C. In
the case of a nomination for any office to be filled by a special election, the state party chairman, or the chairman's designee,
shall certify the name of any candidate (i) by the deadline to nominate the
candidate or (ii) not later than five days after the deadline if it is a
special election held at the second November election after the vacancy
occurred.
C. If the state party chairman, or the chairman's designee, fails to certify to the Department the name of a candidate nominated for an office by the deadline prescribed in subsection A or B, the Department shall declare that there is no candidate nominated by the party for that office.
D. No further notice declaration of candidacy or
petition shall be required of a candidate once the state
party chairman, or the chairman's designee,
has certified his name to the State Board Department.
E. In no case shall the individual who is a candidate for an office be the person who certifies the name of the party candidate for that same office. In such case the party shall designate an alternate official to certify its candidate.
§ 24.2-516. Party to furnish names of chairmen and notify Department of Elections of adoption of direct primary.
A. Each
political party within the Commonwealth shall furnish to the State Board Department the names and
addresses of its state, county, and city
party chairmen
chairman in January of each year, and during the remainder
of the year it shall notify the Board Department of any changes in
such names and addresses.
B. At
least 135 days prior to the regular date for a primary, the Board Department shall inquire of
each state chairman and each county and city
chairman whether a direct primary has been adopted for any office. The Board
Department shall advise each chairman that notification to
the Board
Department of the adoption of a direct primary is required
and must be filed with the Board Department not more than 125
days and not less than 105 days before the date set for the primaries.
C. Each state party chairman, or the chairman's designee,
shall file timely written
notice with the Board Department whether or not a
primary has been adopted and identify each office for which a primary has been
adopted. The requirement to notify the Board Department of the adoption of a any
direct primary shall be satisfied when the Board Department receives by the
deadline (i) written notice from the appropriate state party chairman or (ii) a copy of the written notice from an
incumbent officeholder to his party chairman of the incumbent's selection,
pursuant to § 24.2-509, of the primary as the method of nomination or the chairman's designee.
D. The Department shall not order the holding of a primary election pursuant to § 24.2-517 without a timely filed notice as required by this section.
§ 24.2-517. Department of Elections to order election.
The State Board Department
shall order the holding of a primary election in any county, city, or other
district of the Commonwealth in which it is notified pursuant to § 24.2-516
that a primary is intended to be held. The notice ordering the primary shall be
sent to the secretary of the electoral board. Within five days of the issuance
of the order by the State Board Department,
each secretary shall post a copy of the notice on the official website of the
county or city, post copies of the notice at not less than 10 public places in
the county or city, or have notice of the election published at least once in a
newspaper of general circulation in the county or city.
§ 24.2-527. Chairman or official to furnish Department of Elections with names of candidates and certify petition signature requirements met.
A. It shall be the duty of the state
party chairman or chairmen of the
several committees, or the chairman's
designee, of the respective parties to furnish the name of
any candidate for nomination for any office to be elected by the qualified
voters of the Commonwealth at large or of a congressional
district or of a General Assembly district to the State Board, and to furnish
the name of any candidate for any other office to the State Board and to the
general registrars charged with the duty of preparing and printing the primary
ballots to the Department, on a
form prescribed by the Department. In furnishing the name
of any such candidate, the chairman, or the chairman's designee,
shall certify that a review of the filed candidate petitions found the required
minimum number of signatures of qualified voters for that office to have been
met. The chairman, or the chairman's
designee, shall also certify the order and date and time of
filing for purposes of printing the ballots as prescribed in § 24.2-529,
provided that the State Board shall determine the order and date and time of
filing for candidates for United States Senator, Governor, Lieutenant Governor,
and Attorney General for such purposes. Each state
party chairman, or the chairman's
designee, shall comply with the provisions of this section
not less than 70 days before the primary.
B. In no case shall the individual who is a candidate for an office be the person who certifies the names of candidates for a primary for that same office. In such case the party shall designate an alternate official to certify the candidates.