Virginia Code

Va. Code Ann. § 24.2-526 (2026)

Primary not to be held when less than two candidates declare

✓ current as of May 2026
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Whenever within the time prescribed by this article there is only one declaration of candidacy in a political party for the nomination for any office, the person filing the declaration shall be declared the nominee of the party for the office for which he has announced his candidacy and his name shall not be printed on the ballot for the primary. Whenever within the time prescribed by this article there is no declaration of candidacy in a political party for the nomination for any office, the appropriate committee of the party may provide for an alternative method of nominating a candidate.

Code 1950, § 24-350; 1970, c. 462, § 24.1-175; 1983, c. 483; 1993, c. 641.

Notes of Decisions
Cited in 4 cases, 2005–2007 · leading case: Miller v. Brown, 503 F.3d 360 (4th Cir. 2007).
Miller v. Brown, 503 F.3d 360 (4th Cir. 2007). “Thus, under Virginia law, Senator Martin has been declared the Republican nominee for the 11th District seat, and no Republican primary will be held for that seat in 2007.”
Miller v. Brown, 465 F. Supp. 2d 584 (E.D. Va. 2007). · cites it 2× “See Va.Code Ann. § 24.2-526. 9 . Although not specifically raised, it is unlikely that an incumbent’s statutory privilege to select the method of his or her renomination would constitute a sufficiently compelling state interest to trump a political party’s right to select its…”
Miller v. Brown, 462 F.3d 312 (4th Cir. 2006). “Whenever within the time prescribed by this article there is no declaration of candidacy in a political party for the nomination for any office, the appropriate committee of the party may provide for an alternative method of nominating a candidate.”
Miller v. Brown, 394 F. Supp. 2d 794 (E.D. Va. 2005). · cites it 4× “See Va. Code § 24.2-526. An indispensable statutory ingredient of a primary is two compet *799 ing candidates.”
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