Virginia Law

Article 2. Selection by Voters and Duties of Electors.

A. Balloting for the Commonwealth's electors for President and Vice President of the United States shall occur at the general election in November 2028 and every fourth year thereafter. The number of electors to be appointed shall equal the whole number of senators and representatives to which the Commonwealth at the time is entitled in the Congress of the United States.

B. The manner of appointing such electors shall be as follows:

1. When the Agreement Among the States to Elect the President by National Popular Vote does not govern the appointment of presidential electors, a vote cast for a presidential-vice-presidential slate shall be deemed to be a vote for each of the elector candidates nominated by the political party or group of qualified voters that nominated that presidential-vice-presidential slate. The Commonwealth's electors for President and Vice President of the United States shall be the elector candidates who receive the highest number of votes in the Commonwealth in the balloting conducted pursuant to subsection A.

2. When the Agreement Among the States to Elect the President by National Popular Vote governs the appointment of the Commonwealth's presidential electors, the Commonwealth's electors shall be the elector candidates determined in accordance with the procedures of § 24.2-209.1 using the number of votes in the balloting for President conducted pursuant to subsection A.

2024, c. 801; 2026, cc. 715, 716.

A. The electors shall convene at the Capitol building in the capital city of the Commonwealth at noon on the first Tuesday after the second Wednesday in December following their election.

B. Those electors present shall immediately fill, by ballot and by a plurality of votes, any vacancy due to death, withdrawal, disqualification, failure or inability to attend, or other cause. When all electors are present and any vacancies have been filled, they shall proceed to perform the duties required of such electors by the Constitution and laws of the United States.

C. Electors selected by the state convention of any political party as defined in § 24.2-101 shall be required to vote for the nominees of the national convention to which the state convention elects delegates. Electors named in any petition of qualified voters as provided in § 24.2-242 shall be required to vote for the individuals named for President and for Vice President in the petition. Any elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's oath signed and notarized pursuant to § 24.2-240 shall be deemed to vacate the office of elector. Such vacancy shall be filled immediately by those electors present pursuant to subsection B.

2024, c. 801.

If Congress establishes a different day for choosing electors, or appoints a different day for their meeting to give their votes, then the election shall be held and the meeting of the electors shall take place on those days.

2024, c. 801.

Each elector shall receive the sum of $50 per day while actually engaged in the discharge of his official duties and the same mileage as is allowed to members of the General Assembly.

2024, c. 801.