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2012 SESSION
12102382DBe it enacted by the General Assembly of Virginia:
1. That § 24.2-509 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-509. Party to determine method of nominating its candidates for office.
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 party shall nominate its candidate for
election for a 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.
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.