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Virginia > Title 24.2 Elections > Candidates For Office Article 4. Conduct of Primaries

§ 24.2-525 Persons entitled to have name printed on ballot

Statute

A. Only a person meeting all the qualifications and fulfilling all the requirements of a candidate, and who has complied with the rules and regulations of his party, shall have his name printed on the ballot provided for the primary election. A person who does not file either or both written statements required by § 24.2-503 by the relevant deadline, or the end of the extension period if an extension has been granted pursuant to that section, shall not have his name printed on the ballot provided for the primary election.

B. No person shall have his name printed on the ballot for more than one office at any one primary election. However, a candidate for federal or statewide office, or a candidate for an office being filled in a special election, may have his name printed on the ballot for two offices at a primary election.

Code 1950, §§ 24-369 through 24-372; 1960, c. 427; 1970, c. 462, §§ 24.1-183, 24.1-184; 1971, Ex. Sess., c. 226; 1974, c. 428; 1977, c. 490; 1978, cc. 239, 778; 1983, c. 461; 1993, c. 641; 2000, cc. 513552; 2004, c. 881; 2020, c. 850.

Definition [Primary election]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

See § 24.2-101.

Definition [Special election]

Any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.

See § 24.2-101.

Definition [Statewide office]

The office of Governor, Lieutenant Governor, or Attorney General.

See § 24.2-945.1.

Definition [Party]

An organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. The organization shall have a state central committee and an office of elected state chairman which have been continually in existence for the six months preceding the filing of a nominee for any office.

See § 24.2-101.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

See § 24.2-452.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

See § 24.2-945.1.

Definition [Primary]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

See § 24.2-101.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Definition [Candidate]

A person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. “Candidate” shall include a person who seeks the nomination of a political party or who, by reason of receiving the nomination of a political party for election to an office, is referred to as its nominee. For the purposes of Chapters 8 (§ 24.2-800 et seq.), 9.3 (§ 24.2-945 et seq.), and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any write-in candidate. However, no write-in candidate who has received less than 15 percent of the votes cast for the office shall be eligible to initiate an election contest pursuant to Article 2 (§ 24.2-803 et seq.) of Chapter 8. For the purposes of Chapters 9.3 (§ 24.2-945 et seq.) and 9.5 (§ 24.2-955 et seq.), “candidate” shall include any person who raises or spends funds in order to seek or campaign for an office of the Commonwealth, excluding federal offices, or one of its governmental units in a party nomination process or general, primary, or special election; and such person shall be considered a candidate until a final report is filed pursuant to Article 3 (§ 24.2-947 et seq.) of Chapter 9.3.

See § 24.2-101.

Cases

Virginia Cases

Out-of-State Cases

Federal Cases

Case Name: Levy v. Jensen

Citation: 285 F. Supp. 2d 710

Federal District Court: Eastern District of Virginia

Year: 2003

Case URL: https://www.ravellaw.com/opinions/9331ff791ad084fd7809432ea772ab02

Case Summary: Holding that action by a candidate alleging violation of constitutional rights because of two-office ballot restriction failed, when (1) the burden on the candidate’s rights from the two-office restriction was reasonable, nondiscriminatory, and relatively minimal, as the restriction only required him to focus his efforts on two races; (2) the state had a regulatory interest in limiting the size of the ballot; (3) the two-office restriction was rationally related to measuring the seriousness of the candidate’s desire and motivation for seeking public office; (4) the two-office restriction was intended to avoid voter confusion; and (5) the state’s prohibition of a candidate holding two offices was legitimate.

Regulations & Guidance

Additional Resources

Candidate Bulletins (November 2016)