Virginia Law

Article 1. Nomination of Electors.

Each nominated elector selected pursuant to this article shall, at the time of his nomination and until the conclusion of the day electors cast their votes in the Electoral College, be a citizen of the United States and a legal resident of the Commonwealth, and shall subscribe to an oath, which shall be notarized, that he is, in fact, a citizen of the United States and a legal resident of the Commonwealth, and that he will, if elected, cast his ballot in the Electoral College for the candidates for President and Vice President of the United States as set forth in subsection A or B of § 24.2-241 or pursuant to § 24.2-242, as applicable, or as such political party or group of qualified voters may direct in the event of the death, withdrawal, or disqualification of a candidate of that party or group. The State Board shall also be furnished, if it requests, with satisfactory evidence that any individual undertaking to act as an elector under this chapter is, in fact, qualified and duly and properly authorized to do so.

2024, c. 801.

A. In elections for President and Vice President of the United States, the appropriate chairman or secretary of each political party as defined in § 24.2-101 shall furnish to the State Board by noon on the seventy-fourth day before the presidential election (i) the names of the individuals nominated to be electors by the party at its convention held for that purpose, with the total number of its nominated electors equaling the whole number of senators and representatives to which the Commonwealth at that time is entitled in the Congress of the United States, together with the names of the political party and of the candidates for President and Vice President for whom the nominated electors are required to vote in the Electoral College, and (ii) a copy of the subscribed and notarized oath required by § 24.2-240.

B. Notwithstanding the provisions of subsection A, (i) the state political party chairman of a political party whose national convention has been scheduled to be held after the seventy-fourth day before the presidential election shall file by noon on the seventy-fourth day before the presidential election, with the certification of its nominated electors, a certification of the individuals expected to be nominated for President and Vice President at its national convention; (ii) the State Board shall certify candidates to the local electoral boards, and ballot preparation shall proceed on the basis of the state party chairman's certifications; and (iii) the candidates for President and Vice President nominated by the party at its national convention shall be certified to the State Board no later than 5:00 p.m. on the sixtieth day before the presidential election.

C. In the event of the death, withdrawal, or disqualification of a candidate of a political party for President or Vice President, or of a nominated elector of a political party, that party may substitute the name of a different candidate or nominated elector, as applicable, before the State Board certifies to the county and city electoral boards the form of the official ballots.

2024, c. 801.

A. A group of qualified voters, not constituting a political party as defined in § 24.2-101, may have the names of nominated electors selected by them, which shall include one elector residing in each congressional district and two from the Commonwealth at large, printed upon the official ballot to be used in the election of electors for President and Vice President by filing a petition pursuant to this section.

B. The petition shall have printed on the front of each page the names of the individuals nominated to be electors by the petitioners, the party name under which they desire to be nominated electors to be listed on the ballot, and the names of the candidates for President and Vice President for whom the nominated electors are required to vote in the Electoral College.

The petition shall be signed by at least 5,000 qualified voters and include signatures of at least 200 qualified voters from each congressional district. The petition shall be signed by petitioners on and after January 1 of the year of the presidential election and contain the residence address of each petitioner. The signature of each petitioner shall be witnessed either by an individual who is a constitutionally qualified candidate for President, who may witness his own petition, or by an individual who is not a minor or a felon whose voting rights have not been restored and whose affidavit to that effect appears on each page of the petition. Each individual circulating a petition who is not a legal resident of the Commonwealth shall sign a statement on the affidavit that he consents to the jurisdiction of the courts of Virginia in resolving any disputes concerning the circulation of petitions, or signatures contained therein, by that individual. The signatures of qualified voters collected by a nonresident petition circulator who fails to sign such statement, or who later fails to appear or produce documents when properly served with a subpoena to do so, shall not be counted toward the minimum number of signatures required pursuant to this subsection.

C. The petition shall be filed with the State Board by noon of the seventy-fourth day before the presidential election. The individuals filing the petition shall file with a copy of a subscribed and notarized oath by each nominated elector pursuant to § 24.2-240. In order to utilize a selected party name on the ballot, the petitioners shall have had, for at least six months prior to filing the petition, a state central committee composed of registered voters from each congressional district of the Commonwealth, a party plan and bylaws, and a duly designated chairman and secretary in existence and holding office. The State Board may require proof that the petitioners meet these requirements before permitting use of a party name on the ballot. The party name shall not be identical or substantially similar to the name of any political party qualifying under § 24.2-101 and then in existence.

D. In the event that a group of qualified voters meets the requirements set forth in this section except that they cannot utilize a party name, the nominated electors and the candidates for President and Vice President shall be identified and designated as "Independent" on the ballot. Substitution of a different candidate for Vice President may be made by the candidate for President before the State Board certifies to the county and city electoral boards the form of the official ballot.

E. In the event of the death, withdrawal, or disqualification of a candidate for President or Vice President qualified to appear on the ballot pursuant to this section, the petitioner may substitute the name of a different candidate before the State Board certifies to the county and city electoral boards the form of the official ballots.

In the event of the death, withdrawal, or disqualification of any individual listed as a nominated elector for candidates for President and Vice President on a petition filed pursuant to this section, the petitioners or candidate for President, as applicable, may substitute the name of a different nominated elector. Such substitution shall not invalidate any petition of qualified voters circulated with the name of the deceased, withdrawn, or disqualified nominated elector provided that notice of the substitution is filed with the State Board by noon of the seventy-fourth day before the presidential election.

Notice of the substitution and the name of any substitute candidate or nominated elector shall be submitted on a form prepared by the State Board.

F. If the State Board determines that a candidate for President does not qualify to have his name appear on the ballot pursuant to this section by reason of the group of qualified voters' filed petition not containing the minimum number of signatures of qualified voters for the office sought, the candidate may appeal the determination to the State Board within seven calendar days of the issuance of the notice of disqualification. The notice of disqualification shall be sent by email or regular mail to the address on file for the candidate, and such notice shall be deemed sufficient. The State Board shall hear the appeal within three business days of the filing of the appeal.

The State Board shall develop procedures for the conduct of such an appeal. The consideration on appeal shall be limited to whether the signatures on the petitions that were filed were reasonably rejected according to the requirements of this title and the rules and procedures adopted by the State Board for checking petitions. Immediately after the conclusion of the appeal hearing, the State Board shall notify the candidate of its decision in writing. The decision on appeal shall be final and not subject to further appeal.

2024, c. 801.