Virginia News
Secretary of Commonwealth Office
Contact Info: Website Email Form
Per the State Board of Elections
Virginia law does not provide a specific procedure allowing a voter to challenge the inclusion of a presidential candidate on the ballot. The Virginia State Board of Elections is not authorized to question the qualifications of a candidate who has been certified by a political party as meeting the qualifications for election as President under § 24.2-542.1. It is not in the interest of a party to nominate a candidate who cannot meet the legal qualifications to hold office and could be challenged on being elected. The Code of Virginia does not allow for removing the name of a party nominee furnished under § 24.2-542.1 from a presidential ballot under any circumstances. § 24.2-612.1. The Code of Virginia provides a procedure for challenging the qualifications of a candidate who is elected President upon petition by an unsuccessful candidate under §§ 24.2-805 and 24.2-807. Such litigation must be noticed within two calendar days after the election results are certified as required by § 24.2-805.
posted 12/5/11
§ 24.2-104. Requesting assistance for attorney for the Commonwealth of Virginia ; investigative committees.
When the State Board is of the opinion that the public interest will be served, it may request the Attorney General, or other attorney designated by the Governor for the purpose, to assist the attorney for the Commonwealth of any jurisdiction in which election laws have been violated. The Attorney General, or the other attorney designated by the Governor, shall have full authority to do whatever is necessary or appropriate to enforce the election laws or prosecute violations thereof. When the State Board makes its request pursuant to a unanimous vote of all members, the Attorney General or other attorney designated by the Governor shall exercise the authority granted by this section to conduct an investigation, prosecute a violation, assure the enforcement of the elections laws, and report the results of the investigation to the State Board.
The attorney for the Commonwealth or a member of the electoral board of any county or city may make a request, in writing, that the Attorney General appoint a committee to make an immediate investigation of the election practices in that city or county, accompanied by a statement under oath that substantial violations of this title have allegedly occurred which may alter or have altered the outcome of an election. On receipt of the request and statement, the Attorney General shall forthwith appoint a committee of two or more persons qualified to make the investigation. Members, officers, and employees of the Board, local electoral boards, and registrars’ offices shall not serve on the committee but may provide assistance to the committee.
The Attorney General shall direct the committee to observe, investigate or supervise the election if supervision appears necessary. The committee shall make a preliminary report to the Attorney General within five days of its appointment. If its report shows that violations of this title have occurred, the Attorney General may, notwithstanding any other provision of law, authorize the prosecution of those responsible for the violations.
**************************************************************
Secretary of Commonwealth Office
Contact Info: Website Email Form
Per the State Board of Elections
Virginia law does not provide a specific procedure allowing a voter to challenge the inclusion of a presidential candidate on the ballot. The Virginia State Board of Elections is not authorized to question the qualifications of a candidate who has been certified by a political party as meeting the qualifications for election as President under § 24.2-542.1. It is not in the interest of a [Political] party to nominate a candidate who cannot meet the legal qualifications to hold office and could be challenged on being elected. The Code of Virginia does not allow for removing the name of a party nominee furnished under § 24.2-542.1 from a presidential ballot under any circumstances.
§ 24.2-612.1. The Code of Virginia provides a procedure for challenging the qualifications of a candidate who is elected President upon petition by an unsuccessful candidate under §§ 24.2-805 and 24.2-807. Such litigation must
