Virginia HB 1116: Political parties; notification of adoption of primary election, certification of candidates.

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2020 SESSION

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20109458D 

HOUSE BILL NO. 1116 

FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by Senator Surovell 

on March 3, 2020) 

(Patron Prior to Substitute--Delegate Hudson) 

A BILL to amend and reenact �� 24.2-509, 24.2-511, 24.2-516, 24.2-517, 
and 24.2-527 of the Code of Virginia, relating to 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 chair