Virginia Code

Va. Code Ann. § 24.2-510 (2026)

Deadlines for parties to nominate by methods other than primary

✓ current as of May 2026
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For any office, nominations by political parties by methods other than a primary shall be made and completed in the manner prescribed by law according to the following schedule:

1. For a general election in November, by 7:00 p.m. on the third 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 held at the second November election after the vacancy occurred, by 7:00 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 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; (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; or (iii) in the case of a special election to fill a vacancy in the General Assembly occurring between December 10 and March 1, within seven days of any writ of election or order calling such special election.

In the case of all general elections a party shall nominate its candidate for any office by a nonprimary method only within the 47 days immediately preceding the primary date established for nominating candidates for the office in question. This limitation shall have no effect, however, on nominations for special elections or pursuant to § 24.2-539.

Code 1950, §§ 24-130, 24-131, 24-134.1, 24-135, 24-363, 24-364; 1958, c. 605; 1960, c. 427; 1962, c. 536; 1964, cc. 540, 541; 1970, c. 462, §§ 24.1-166, 24.1-172; 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; 2021, Sp. Sess. I, c. 239; 2026, c. 477.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2004–2025 · leading case: White-Battle v. Democratic Party of Virginia, 323 F. Supp. 2d 696 (E.D. Va. 2004).
White-Battle v. Democratic Party of Virginia, 323 F. Supp. 2d 696 (E.D. Va. 2004). · cites it 4× “First, the Plaintiff alleges that Schaefer’s selection violated Va.Code Ann. § 24.2-510, because nominees were not to be selected prior to May 9, 2003, exactly 32 days before the primary date of June 10, 2003.”
Miller v. Cunningham, 512 F.3d 98 (4th Cir. 2007). · cites it 2× “" Va.Code Ann. § 24.2-510 (2006). These other methods "include (but are not limited to) a party convention; a mass meeting, also known as a `caucus'; and a party canvass or unassembled caucus, also called a `firehouse primary.”
Miller v. Brown, 503 F.3d 360 (4th Cir. 2007). “” Va.Code Ann. § 24.2-510 (2006). Such other methods, which are conducted and funded by the party, include (but are not limited to) a party convention, see Va.”
Lynchburg Repub. City Comm. v. Virginia Dep't of Elections (W.D. Va. 2025). · cites it 6× “” Va. Code § 24.2-510. Primaries for November general elections in Virginia are held on the third Tuesday in June, which in 2026 will be June 16.”
Goldman v. Youngkin (E.D. Va. 2023). · cites it 3× “Va. Code § 24.2-510(5)(i). To select a candidate for the upcoming Special Election, the Fourth Congressional District Democratic Committee chose to utilize an unassembled caucus process, colloquially known as a “firehouse primary.”
Goldman v. Youngkin (E.D. Va. 2023). · cites it 3× “Va. Code § 24.2-510(5)(i). To select a candidate for the upcoming Special Election, the Fourth Congressional District Democratic Committee chose to utilize an unassembled caucus process, colloquially known as a “firehouse primary” (hereinafter, the “Primary”).”
— Va. Code Ann. § 24.2-510(1) — 1 case
Lynchburg Repub. City Comm. v. Virginia Dep't of Elections (W.D. Va. 2025). “” Va. Code § 24.2-510. Primaries for November general elections in Virginia are held on the third Tuesday in June, which in 2026 will be June 16.”
— Va. Code Ann. § 24.2-510(5)(i) — 2 cases
Goldman v. Youngkin (E.D. Va. 2023). “Va. Code § 24.2-510(5)(i). To select a candidate for the upcoming Special Election, the Fourth Congressional District Democratic Committee chose to utilize an unassembled caucus process, colloquially known as a “firehouse primary.”
Goldman v. Youngkin (E.D. Va. 2023). “Va. Code § 24.2-510(5)(i). To select a candidate for the upcoming Special Election, the Fourth Congressional District Democratic Committee chose to utilize an unassembled caucus process, colloquially known as a “firehouse primary” (hereinafter, the “Primary”).”
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