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. A method of nomination shall not be selected if such method will have the practical effect of excluding participation in the nominating process by qualified voters who are otherwise eligible to participate in the nominating process under that political party's rules but are unable to attend meetings because they are (i) a member of a uniformed service, as defined in § 24.2-452, on active duty; (ii) temporarily residing outside of the United States; (iii) a student attending a school or institution of higher education; (iv) a person with a disability; or (v) a person who has a communicable disease of public health threat as defined in § 32.1-48.06 or who may have come in contact with a person with such disease. However, such restriction shall not apply when selecting a candidate for a special election or nominating a candidate pursuant to § 24.2-539, or in the event that no candidate files the required paperwork by the deadline prescribed in § 24.2-522.
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.
Code 1950, §§ 24-348, 24-361, 24-363, 24-364; 1970, c. 462, §§ 24.1-171, 24.1-172; 1971, Ex. Sess., c. 119; 1973, c. 30; 1975, c. 515; 1978, c. 778; 1993, c. 641; 2021, Sp. Sess. I, c. 474.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1996–2025 · leading case:
Fitzgerald v. Alcorn, 285 F. Supp. 3d 922 (W.D. Va. 2018).
Fitzgerald v. Alcorn, 285 F. Supp. 3d 922 (W.D. Va. 2018).
· cites it 28× “That provision of state law, known as the Incumbent Protection Act, Va. Code Ann. § 24.2-509 (B), is the target of this lawsuit.”
Miller v. Cunningham, 512 F.3d 98 (4th Cir. 2007).
· cites it 14× “However, there is an exception to this rule: certain incumbent officeholders, including incumbent state legislators and not the leadership of the party they represent are allowed to select the method of nomination for their seats.”
Morse v. Repub. Party of Virginia, 517 U.S. 186 (1996).
· cites it 4× “There is no claim in this case that the Commonwealth's statutory policy of allowing the Republican Party (and any other political party that receives at least 10 percent of the vote in either of two preceding elections) the option to nominate by primary or convention, Va. Code…”
Miller v. Brown, 465 F. Supp. 2d 584 (E.D. Va. 2007).
· cites it 7× “See Va.Code Ann. § 24.2-509. The Republican Party has no statutory authority to override this decision.”
Miller v. Brown, 503 F.3d 360 (4th Cir. 2007).
· cites it 3× “See Va.Code Ann. § 24.2-509(B) (2006). Virginia allows nomination of candidates not only by a primary — which is conducted and funded by the state — but also “by methods other than a primary.”
Marshall v. Meadows, 921 F. Supp. 1490 (E.D. Va. 1996).
· cites it 4× “As proof they rest on an allegedly clear conflict between Virginia’s political primary laws, Va.Code Ann. §§ 24.2-509,-516,-517 &-530, and Article I, § A(1) of the Party Plan.”
Miller v. Cunningham, 564 F. Supp. 2d 555 (E.D. Va. 2008).
· cites it 7× “2-530 and § 24.2-509, which allows an incumbent to force his or her political party to renominate him or her only by the method the incumbent selects.”
Parson v. Alcorn, 157 F. Supp. 3d 479 (E.D. Va. 2016).
· cites it 3× “2-545(A) (providing for a presidential primary held “subject to requirements determined by the political party for participation in its presidential primary”), with Va. Code § 24.2-509 (dictating primary elections for nominees to the United States Senate or any statewide office…”
Miller v. Brown, 462 F.3d 312 (4th Cir. 2006).
“Va. Code Ann. § 24.2-509 (B) (2006). On August 12, 2004, Senator Martin submitted a form to the plaintiffs that designated a primary as his chosen method of nomination for the 2007 election.”
Lynchburg Repub. City Comm. v. Virginia Dep't of Elections (W.D. Va. 2025).
· cites it 73× “2020 (2021) (now codified at Va. Code § 24.2-509(A)). The statute provides that “[a] method of nomination shall not be selected if such method will have the practical effect of excluding” certain enumerated classes of absentee voters.”
— Va. Code Ann. § 24.2-509(A) — 4 cases
Miller v. Cunningham, 512 F.3d 98 (4th Cir. 2007).
“However, there is an exception to this rule: certain incumbent officeholders, including incumbent state legislators and not the leadership of the party they represent are allowed to select the method of nomination for their seats.”
Fitzgerald v. Alcorn, 285 F. Supp. 3d 922 (W.D. Va. 2018).
“That provision of state law, known as the Incumbent Protection Act, Va. Code Ann. § 24.2-509 (B), is the target of this lawsuit.”
Lynchburg Repub. City Comm. v. Virginia Dep't of Elections (W.D. Va. 2025).
“2020 (2021) (now codified at Va. Code § 24.2-509(A)). The statute provides that “[a] method of nomination shall not be selected if such method will have the practical effect of excluding” certain enumerated classes of absentee voters.”
— Va. Code Ann. § 24.2-509(B) — 5 cases
Miller v. Cunningham, 512 F.3d 98 (4th Cir. 2007).
“However, there is an exception to this rule: certain incumbent officeholders, including incumbent state legislators and not the leadership of the party they represent are allowed to select the method of nomination for their seats.”
Fitzgerald v. Alcorn, 285 F. Supp. 3d 922 (W.D. Va. 2018).
“That provision of state law, known as the Incumbent Protection Act, Va. Code Ann. § 24.2-509 (B), is the target of this lawsuit.”
Miller v. Brown, 503 F.3d 360 (4th Cir. 2007).
“See Va.Code Ann. § 24.2-509(B) (2006). Virginia allows nomination of candidates not only by a primary — which is conducted and funded by the state — but also “by methods other than a primary.”
Marshall v. Meadows, 921 F. Supp. 1490 (E.D. Va. 1996).
“As proof they rest on an allegedly clear conflict between Virginia’s political primary laws, Va.Code Ann. §§ 24.2-509,-516,-517 &-530, and Article I, § A(1) of the Party Plan.”
— Va. Code Ann. § 24.2-509(b) — 2 cases
Miller v. Brown, 465 F. Supp. 2d 584 (E.D. Va. 2007).
“See Va.Code Ann. § 24.2-509. The Republican Party has no statutory authority to override this decision.”
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