Chap. 415.——An ACT to provide for placing on the official ballots used in general
and primary elections the names of candidates where the time for qualifying for
so doing has expired under the present existing statutes and party plans of
political parties, in cases where a candidate who has qualified for such purpose,
or who has been nominated in default of opposition or otherwise dies or, in
certain cases, retires; to prescribe the election procedure in such cases, and to
provide other methods of nomination in certain cases. [S B 254]

Approved April 4, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. If any person who shall have been nominated as the
candidate of a political party for any office in any general election, by
reason of the fact that he is the only person who has filed the required
notice of and petition for candidacy, dies, or withdraws as such party
candidate, at a time which is thirty days or more before the day on which
said primary would have been held if two or more candidates had
qualified, any person desiring to become a candidate for nomination
by said party at said primary who is otherwise qualified may file a
notice of and petition for his candidacy with the proper chairman or
chairmen of his party committee or committees. Such notice and petition
shall comply in every respect, except as to the time of filing same,
with the requirements which applied to the qualification as a primary
candidate of the nominee who has died or withdrawn. Such notice
and petition shall be filed at least twenty days before the day on which
the primary is to be held. If more than one person qualifies, the said
party chairman or chairmen shall promptly certify their names to the
appropriate electoral board or boards as having qualified under the pro-
visions of this section. The electoral board or boards having charge of the
printing of the official ballots for said primary election shall either (a)
cause to be printed thereon the name of every person so certified to it as
qualifying as provided in this section, or (b), if the official ballots con-
taining the names of candidates for said party’s nomination for another
office or other offices have already been printed, they may cause separate
ballots to be printed for the office for which two or more persons have
qualified pursuant to the provisions of this section and print thereon the
names of such persons certified to it as so qualifying. In the event that
only one person qualifies as a candidate at any such primary in accordance
with the provisions of this section, such person so qualifying shall be
deemed to be the primary nominee of his party for such office and his
name shall not be printed on any ballot used in said primary.

Section 2. In the event that the death or withdrawal of candidacy
of any such party nominee should occur at a time which is less than thirty
days prior to any such primary, the party’s nominee shall not be
selected at said primary, and the State Central Committee, or other
appropriate State, district, city, or county committee of such party,
shall by resolution proclaim the time, place, and manner of nominating
its candidate for such office, of which at least thirty days public notice
shall be carried in the press, either as news articles or as formal notices,
and such candidate shall be nominated in conformity with the said
resolution and proclamation of said party committee.
cH. 415] ACTS OF ASSEMBLY 667

Section 3. Whenever any candidate of a political party who has
been nominated in any primary election or convention, or by any other
lawful means, dies or withdraws as a candidate at a time when it is too
late under the present general statutes for a candidate for the office in-
volved to qualify to have his name printed on the official ballot for the
general election, it shall be permissible for any person who is otherwise
qualified to file the required notice or petition for his candidacy, or both
if required by general law, and, if same be filed with the proper official
at least twenty days before the day on which the election 1s to be held,
the electoral board or boards having charge of the printing of the ballots
for said election shall either (a) cause to be printed thereon the name
of every person so qualifying as provided in this section, or (b) if ballots
for said election have already been printed and contain the names of
candidates for other offices to be voted on at said election, any such
electoral board may in its discretion cause to be stricken therefrom the
title of the office involved, and the names of all candidates for said office
appearing thereon, and cause separate ballots to be printed for said office
on which shall be printed the names of all candidates qualifying under the
provisions of this section.

Section 4. If any person who is a candidate for nomination by a
political party at a primary election, and who, along with one or more
other candidates, has qualified to have his name printed on the official
ballot for said primary, dies thirty days or more before the day on which
said primary is to be held, any person otherwise qualified who desires to
be a candidate at said primary may file a notice of and petition for his
candidacy with the proper chairman or chairmen of his party committee
or committees. Such notice and petition shall comply in every respect,
except as to the time of filing same, with the requirements which applied
to the qualification as a primary candidate of the nominee who has died
or withdrawn. Such notice and petition shall be filed at least twenty days
before the day on which the primary is to be held. The said party chair-
man or chairmen shall promptly certify the names of every such person to
the appropriate electoral board or boards as having qualified under the
provisions of this section. Every electoral board having charge of the
printing of official ballots for said primary election shall either (a) cause
to be printed thereon the name of every person so qualifying as provided
in this section, or (b), if the official ballots have already been printed and
there appear thereon the names of candidates for said party’s nomination
for another office or other offices, and, also, the names of said party’s
candidates for said office for which new candidates have qualified pur-
suant to this section, such electoral board may in its discretion cause to be
stricken from said ballots already printed the title of the office involved
and the names of all candidates for nomination for said office appearing
thereon, and cause separate ballots to be printed for said office and place
or print thereon the names of those candidates who have theretofore
qualified (excluding the decedent), and also the names of those certified
to it as having qualified pursuant to the provisions of this section.
Whenever any additional candidate shall qualify pursuant to this
section, or section three of this act, no ballots theretofore cast by mail
vote for a candidate for said office shall be counted, but any person who
has so voted shall be entitled to receive a new ballot and to vote for his
choice among all said candidates for said office.