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Virginia > Title 24.2 Elections > Candidates For Office Article 2. Independent Candidates

§ 24.2-507 Deadlines for filing declarations and petitions of candidacy

Statute

Currently in effect

For any office, declarations of candidacy and the petitions therefor shall be filed according to the following schedule:

1. For a general election in November, by 7:00 p.m. on the second Tuesday in June;

2. For a general election in May, by 7:00 p.m. on the first Tuesday in March;

3. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is being held at the second November election after the vacancy occurred, by 7:00 p.m. on the second Tuesday in June before that November election;

4. For a special election held at the same time as a May general election, by 7:00 p.m. on the first Tuesday in March; or

5. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order.

Effective if re-enacted by 2021 Session of General Assembly 

For any office, declarations of candidacy and the petitions therefor shall be filed according to the following schedule:

1. For a general election in November, by 8:00 p.m. on the third Tuesday in June;

2. For a general election in May, by 8:00 p.m. on the first Tuesday in March;

3. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is being held at the second November election after the vacancy occurred, by 8:00 p.m. on the third Tuesday in June before that November election;

4. For a special election held at the same time as a May general election, by 8:00 p.m. on the first Tuesday in March; or

5. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order.

Code 1950, §§ 24-130, 24-131, 24-134.1, 24-135; 1958, c. 605; 1960, c. 427; 1962, c. 536; 1964, cc. 540, 541; 1970, c. 462, § 24.1-166; 1971, Ex. Sess., cc. 119, 247; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 616; 1978, c. 778; 1981, c. 425; 1983, c. 461; 1984, c. 480; 1991, c. 137; 1993, c. 641; 2010, cc. 449, 542, 645; 2011, c. 599; 2020 cc. 720, 1253.

Definition [General election]

An election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.

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 [Election]

A general, primary, or special election.

See § 24.2-101.

Cases

Virginia Cases

Out-of-State Cases

Federal Cases

Case Name: Wood v. Meadows

Citation: 207 F.3d 708

Federal Circuit Court: 4th Circuit Court

Year: 2000

Case URL: https://www.ravellaw.com/opinions/2b0389a89861203bb5ee9695ba61d4ce

Case Summary: Holding that requirement that independent candidates for U.S. Senate file declarations of candidacy by the second Tuesday in June did not impose an unconstitutional burden on those candidates or    supporters.