Virginia SB 126: Method of nominating party candidates; incumbent selection.

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2020 SESSION

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20101816D

SENATE BILL NO. 126 

Offered January 8, 2020 

Prefiled December 17, 2019 

A BILL to amend and reenact �� 24.2-509 and 24.2-516 of the 
 Code of Virginia, relating to method of nominating party candidates; incumbent 
 selection. 
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Patrons-- Suetterlein and Chase 

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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 Bo