CHAPTER 616
An Act to amend and reenact §§ 24-859, 24-897 and 24-402, as amended,
of the Code of Virginia, relating to vote required to nominate candi-

dates, when second primary required, expenses of primary elections,
and limitation of expenditures by candidates.
[H 789]

Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:

1. That §§ 24-359, 24-397 and 24-402, as amended, of the Code of
Virginia be amended and reenacted, as follows:

§ 24-359. Any candidate for party nomination to the office of United
States Senator in the Congress of the United States, Governor, Lieutenant
Governor, or Attorney General, who receives a majority of the votes cast
by his party for the office for which he is a candidate shall be the nominee of
his party for such office and his name shall be printed on the official ballots
used in the election for which the primary was held.

Any candidate for party nomination to any other office who receives
a plurality of the votes cast by his party shall be the nominee of his party
for such office and his name shall be printed on the official ballots used in
the election for which the primary was held. But nothing in this section
shall prohibit the county, * city, or Congressional district committee of any
political party from holding a primary which requires a majority of the
vote cast in the primary to nominate, provided, however, that such
committee, in no event shall be entitled to require a majority in any such
primary after ten days preceding the primary election date.

If no candidate, for party nomination to any office which this section
requires a majority of the vote cast in the primary to nominate, shall re-
ceive a majority of the votes cast for that office, a second primary shall be
held for such office, subject to the conditions hereinafter set forth.

If no candidate, for party nomination to any office which this section
requires a majority of the vote cast in the primary to nominate, shall re-
ceive a majority of the votes cast for that office, the names of the two can-
didates who shall have received the highest number of votes cast for such
office in the primary shall be submitted by the State Board of Elections as
candidates to the second primary; provided, the candidate receiving the
second highest number of votes for such office in the primary shall, on a
day subsequent to the primary and not later than five days after the result
of such primary election shall have been officially declared, file in writing
with the State Board of Elections a request that a second primary be
called and held, and the candidate who receives the highest number of
votes in such second primary shall be the nominee of his party for such
office, and his name shall be printed on the official ballots used in the elec-
tion for which the primary was held. If one of the candidates entitled to
be voted for in the second primary dies or withdraws, the remaining candi-
date for that office who received the highest vote in the primary shall be
declared the nominee of his party to such office and his name shall be
printed gn the official ballots used in the election for which the primary
was held.

A majority of the votes cast for any office, within the meaning of this
section, shall be ascertained by dividing the total vote cast for all candi-
dates for such office by two, and any excess of the figure so ascertained
shall be a majority.

If the results of the first primary are such as to entitle any candidate
to request a second primary, and such request shall be made as provided,
the State Board of Elections shall order a second primary to be held at the
same place as the first primary five weeks from the date of the first pri-
mary, and under the same laws, rules and regulations as are provided for
the first primary except that at any second primary held under the pro-
visions of this section those persons who were fully qualified to vote at the
first primary, and no others, shall be entitled to vote.

Whenever the State Board of Elections shall order such second pri-
mary, the Secretary thereof shall, without delay, notify every electoral
board in the State of such second primary and the candidates whose names
shall appear on the ballots therefor.

The judges, clerks and commissioners who were appointed for each
party and who conducted and served in the primary election for that party
shall, in so far as they may be able, conduct the second primary, and all
the provisions and requirements of the statutes of this State in relation to
the holding of primary elections, the printing, keeping, and counting of
ballots, challenges, the making, certifying and canvassing of returns, poll
books, ballot boxes, candidates’ representatives at the polls, and all other
kindred subjects, including all criminal provisions relating to primary
elections shall apply to second primaries in so far as they are consistent
with this section.

The expenses of any second primary held under the provisions of this
section shall be borne in the same manner as those in the first primary.
The payment of no additional fee shall be required of any candidate in a
second primary nor shall such candidate be required to file any additional
declaration of candidacy except the request for a second primary by the
candidate receiving the second highest number of votes in the primary re-
quired by this section.

§ 24-397. Nothing in this chapter shall be construed to require the
county and city treasurers to pay expenses of more than one primary held
by any one party for one election except a second primary held for the
nomination of a candidate for the office of United States Senator * or
member of the Congress of the United States, Governor, Lieutenant Gov-
ernor or Attorney General as provided by law, but if any of the subordi-
nate party committees call a primary at a date other than the date for the
general primary, then the expenses of the primary called by such subordi-
nate party committee shall be paid by the candidates themselves.

§ 24-402. Except as hereinafter provided, no candidate for any of-
fice at any primary shall spend for any purpose whatever, a larger sum
than an amount equal to fifty cents for every vote cast for the candidate
of his party receiving the largest vote at the last preceding gubernatorial
election, within the territory, the qualified voters of which have the right
to vote for the office for whose nomination such person is a candidate at
such primary. Provided, however, that the limitation provided in this sec-
tion shall not apply to expenditures made for the preparation, publica-
tion and dissemination by newspaper, magazine, pamphlet, periodical, radio,
television or otherwise, of the candidate’s views on public questions and his
qualifications for office.

In the event a second primary for the nomination of a candidate for
the office of United States Senator * or member of the Congress of the
United States, Governor, Lieutenant Governor or Attorney General is held,
no candidate for nomination at such second primary shall spend for any
purpose an amount exceeding the sum which he was entitled to spend at the
primary. In determining the amount spent by any candidate at any second
primary any amount spent by him at the primary shall not be considered.

Any person violating the provisions of this section shall be guilty of a
misdemeanor.