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2003 SESSION
035079648Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-544 and 24.2-545 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-544. Time presidential primaries to be held and completion of duties by officers of election; age qualifications for participation.
A. Primaries for the nomination of candidates for the office of President of
the United States to be voted on at the November 2000 2004 general election,
and the November general election in each presidential election year thereafter, shall be held on the
last second Tuesday in February preceding the November general election.
Primaries for the nomination of candidates for all offices to be voted on at
the May 2000 general election, and the May general election in each
presidential election year thereafter, shall be held on the last second Tuesday
in February preceding the May general election.
B. The provisions of this title shall apply to the conduct of presidential year
primaries including the time limits applicable to notices and candidate filing
deadlines and the closing of registration records before the primary. The State
Board shall provide a schedule for the notices and filing deadlines by the
August 1 prior to the February primary including a campaign finance disclosure
report filing schedule adjusted to reflect the difference differences between
the June date for other primaries and the February date for the presidential primary, and the March
and February primary dates.
C. Notwithstanding any other provision of law to the contrary, any officer of
election who serves at any election held on the last second Tuesday in February
shall be required to complete his official duties relating to that election whether or not he has
been reappointed to serve for the ensuing year.
D. Notwithstanding any other provision of law to the contrary, any person who is otherwise qualified and will be eighteen years of age at the next November general election shall be permitted to register in advance of and also vote in any presidential primary and any other primary or special election held on the same day.
§ 24.2-545. Presidential primary.
A. The duly constituted authorities of the state political party shall have the
right to determine the method by which the state party will select its
delegates to the national convention to choose the party's nominees for
President and Vice President of the United States including a. The duly
constituted authorities of the state political party shall have the right to
determine whether the party will participate in the presidential primary
or another method determined by the party provided for in §§ 24.2-515 and
24.2-544. The state chairman shall notify the State Board of the party's
determination at least ninety days before the primary date. If the party has
determined that it will hold a presidential primary, each registered voter of
the Commonwealth shall be given an opportunity to participate in the
presidential primary of the political party, as defined in § 24.2-101, subject
to requirements determined by the political party for participation in its
presidential primary. The requirements may include, but shall not be limited to, the
signing of a pledge by the voter of his intention to support the party's
candidate when offering to vote in the primary. The requirements applicable to
a party's primary shall be determined at least ninety 90 days prior to the
primary date and certified to, and approved by, the State Board.
B. Any person seeking the nomination of the national political party for the
office of President of the United States, or any group organized in this
Commonwealth on behalf of, and with the consent of such person, may file with
the State Board petitions signed by at least 10,000 5,000 qualified voters,
including at least 400 200 qualified voters from each congressional district in
the Commonwealth, who attest that they intend to participate in the primary of the same political party as the
candidate for whom the petitions are filed. Such petitions shall be filed with
the State Board by the primary filing deadline. The petitions shall be on a
form prescribed by the State Board. Such person or group shall file with the
petitions a list of the names of persons who would be elected delegates and
alternate delegates to the political party's national convention if the person
wins the primary and the party has determined that its delegates will be
selected pursuant to the primary. The slate of delegates and alternates shall
comply with the rules of the national and state party.
C. The names of all candidates in the presidential primary of each political party shall appear on the ballot in an order determined by lot by the State Board.
D. The State Board shall certify the results of the presidential primary to the
state chairman. If the party has determined that its delegates and alternates
will be selected pursuant to the primary, the slate of delegates and alternates of
the candidate receiving the most votes in the primary shall be deemed elected
by the state party. If the party has determined to use another method for
selecting delegates and alternates, those delegates and alternates shall be
bound to vote on the first ballot at the national convention for the candidate
receiving the most votes in the primary unless that candidate releases those
delegates and alternates from such vote.
E. The election, or binding of votes, of delegates to a political party's
national convention for the nomination of that party's candidates for President and
Vice President of the United States through the presidential primary process
shall be considered to be equivalent to a primary for the nomination of a
party's candidate.
F. The cost of the presidential primary shall be paid by the Commonwealth
pursuant to the provisions of the appropriation act.