10101345D
SENATE BILL NO. 505
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact §§24.2-509 and 24.2-516 of the
Code of Virginia, relating to political parties to determine method of
nominating candidates.
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Patrons-- Smith; Delegate: Ware, R.L.
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Referred to Committee on Privileges and Elections
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Be it enacted by the General Assembly of Virginia:
1. That §§24.2-509 and 24.2-516 of the Code of
Virginia are amended and reenacted as follows:
§24.2-509. Party to determine method of nominating its
candidates for office.
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 party shall nominate its candidate for
election for a 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.
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.
§24.2-516. Party to furnish names of chairmen and notify
State Board of adoption of direct primary.
Each political party within the Commonwealth shall furnish to
the State Board the names and addresses of its state, county, and city party
chairmen in January of each year, and during the remainder of the year it shall
notify the Board of any changes in such names and addresses.
At least 120 days prior to the regular date for a primary, the
Board shall inquire of each state chairman and each county and city chairman
whether a direct primary has been adopted. The Board shall advise each chairman
that notification to the Board of the adoption of a direct primary is required
and must be filed with the Board not more than 110 days and not less than 90
days before the date set for the primaries.
Each chairman shall file timely written notice with the Board
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 of the adoption
of a direct primary shall be satisfied when the Board receives by the deadline
(i) written notice from the appropriate 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.
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