Chap. 383.—An ACT to amend and re-enact Section 154 of the Code of Virginia,
as heretofore amended, in relation to filing notice of candidacy, so as to
require petitions to be filed by persons who are not party nominees. [S B 364]

Approved March 28, 1936

1. Be it enacted by the General Assembly of Virginia, That section
one hundred and fifty-four of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 154. Duty of candidates for office—Any person who intends
to be a candidate for any office, State or national, to be elected by the
electors of the State at large or of a congressional district, shall, at
least sixty days before such election, if it be a general election, and at
least thirty days before such election, if it be a special election, or
within five days after the issuance of any writ of election or order
calling a special election to be held less than thirty-five days after the
issuance of such writ or order, notify the Secretary of the Common-
wealth, in writing, attested by two witnesses, of such intention, designat-
ing the office for which he is a candidate. Such written notice shall be
signed by the said candidate, but, if he be incapable of writing his
proper signature, then some mark adopted by him as his signature
shall be acknowledged before some officer authorized to take acknowl-
edgments to deeds and in the same manner. Any person who intends
to be a candidate for any office not embraced in the foregoing, at any
election, shall give notice at least sixty days before such election, if it be
a general election, and at least thirty days before such election if it be
a special election, or within five days after the issuance of any writ
of election or order calling a special election to be held less than thirty-
five days after the issuance of such writ or order, to the county clerk
or clerks of the county or counties, and to the clerk or clerks of the
corporation courts of the city or cities whose electors vote for such
office, which notice shall in all respects be in the same form as that
above described required to be given to the Secretary of the Common-
wealth. No person not announcing his candidacy as above, or who
is not qualified to vote in the election in which he offers as a candidate,
shall have his name printed on the ballots provided for such election,
unless he be a party primary nominee; nor shall the name of any can-
didate for United States Senate or for the House of Representatives,
or for any State office, other than a party nominee, nominated by such
method as his political party may have chosen for nominating can-
didates, be printed on the ballots provided for such election, unless he
file along with his notice of candidacy a petition therefor, signed by
two hundred and fifty qualified voters of the State at large, or of his
congressional district, as the case may be, each signature to which has
been witnessed by a person whose affidavit to that effect is attached
to such petition; nor shall the name of any candidate for the General
Assembly, or for any city or county office, other than a party nominee
as above mentioned, be printed on the ballots provided for such elec-
tion, unless he file along with his notice of candidacy a petition therefor,
signed by fifty qualified voters of his city, county, or district, as the
case may be, witnessed as aforesaid and with like affidavits attached
thereto.

On receipt of the foregoing notice it shall be the duty of the Secre-
tary of the Commonwealth to notify the secretary of each electoral
board of each county and city of the State or of said congressional
district, and it shall be the duty of said clerk or clerks to notify the
secretary of the electoral boards of their respective counties and cities,
which notices shall be sent by the Secretary of the Commonwealth
and clerks immediately after the time has expired in which candidates
may give notice of their candidacy as prescribed by this section, and
upon the failure or refusal of said clerek or clerks to immediately
certify to said electoral board the name of each and every candidate
which has been duly filed, the judge of the circuit or corporation court
may upon motion of any candidate affected immediately certify to
said electoral board the name of each and every candidate which has
been duly filed. Such clerks shall send copies of the original notices
of candidacy, to the secretary of the electoral board when they notify
him. The names of party primary nominees to be voted on in the
several counties and cities shall be furnished the secretaries of the
respective electoral boards thereof by the several persons to whom
abstracts of primary elections must be furnished under section two
hundred and forty-one. Whenever any secretary of the electoral board
is elected, he shall at once notify the Secretary of the Commonwealth
of his election, and inform him as to his post office address.