SB 940

Abstract

Elections; candidates for office; challenges to candidate qualifications. Requires any legal action relating to a person's eligibility to appear on the ballot on the basis that such person did not meet all qualifications or fulfill all requirements for candidacy to be filed in a circuit court and served on all parties at least (i) 90 days before the date of a general election, (ii) 65 days before the date of a primary election, (iii) 70 days before the date of a special election held on the same date as the general election, or (iv) for any special election held at a time other than a general election (a) at least 55 days before the date of the special election or (b) within 10 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. The bill specifies that any such legal action will be given precedence on the docket and be decided by the court no later than 10 days before the date on which ballots for that election are made available for absentee voting. The bill also specifies that candidates who are nominated at a primary election cannot be later challenged on the basis of facts that were present prior to the primary election and could have been raised in a challenge to such candidate's eligibility for the primary ballot.

An Act to amend the Code of Virginia by adding in Chapter 5 of Title 24.2 an article numbered 8, consisting of a section numbered 24.2-546, relating to elections; candidates for office; challenges to candidate qualifications.