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[click nested topics to view or hide] From: Commonwealth of Virginia 200 N. 9th Street, Suite 101
November 2007 Election Candidacy Requirements For General Assembly
This bulletin and all required forms are available on the SBE website: http://www.sbe.virginia.gov/cms/Cidate_Information/Index.html Filing deadlines and the officer with whom the qualifying forms are filed are addressed for each candidate type, i.e., Primary Candidate; Party Candidate Nominated By Method Other Than A Primary, and for an Independent (Non- Party) candidate. Your particular attention is called to the next section. This section addresses advertising and campaign material identification. Should you have questions relating to your candidacy, please do not hesitate to call the SBE toll-free line (800)-552-9745 and ask for the Election Services Division. You also can reach us at 804-864-8901. The Campaign Finance Disclosure Act imposes certain requirements relating to advertising and identification of campaign ads and materials, including sample ballots. Refer to Chapter 14 in the Candidate Campaign Committee Summary published by the State Board of Elections for specific requirements. The following is provided for your additional information: A. Sample Ballots
B. Posting C. Violations Violations of state-owned right of way restrictions should be reported to your regional Virginia Department of Transportation office. A “clean” campaign is a sign of the times.
VDOT - call your local Virginia Department of Transportation office for details. A candidate must be:
Individuals who are seeking, and who during the preceding five years have campaigned for, the offices of Governor, Lieutenant Governor, Attorney General, the Virginia Senate or House of Delegates must have filed all required campaign contributions and expenditures reports for those past campaigns in order to qualify as a new candidate for any of these offices. This is required by § 24.2-503.1 of the Code of Virginia and is in addition to other requirements for candidacy.
A candidate must file certain documents in order to qualify to appear on the ballot. Each form is described below. An explanation of who is required to file each item also is provided. Each document can be downloaded from our website: http://www.sbe.virginia.gov/cms/Cidate_Information/Cidate_Forms.html A. Statement of Organization for a CANDIDATE
http://www.sbe.virginia.gov/cms/Campaign_Finance_Disclosure/Index.html B. Certificate of Candidate Qualification This document is prepared and distributed by the State Board of Elections. All candidates are required to file this form. C. Declaration of Candidacy This document is prepared and distributed by the State Board of Elections. It must be filed by primary election candidates and independent (non-party) candidates. It must be filed at the same time as the petitions. D. Petition of Qualified Voters This document is prepared and distributed by the State Board of Elections. Petitions containing at least the number of signatures required for the office sought must be filed together with the Declaration of Candidacy. Petitions must be filed
E. Statement of Economic Interests This document is available from the Clerk of the Senate or Clerk of the House of Delegates and at the State Board of Elections website: It is required to be filed by all candidates for this election. Exception - Candidates for re-election to the same office need not re-file this form if they met the requirements for filing in January 2007 as officeholders. As the name suggests, this fee is required to be filed ONLY by primary election candidates. The amount required to be paid is 2% of the annual salary for the office sought in effect in the year in which the candidate files.
NOTE: Candidates who are nominated by a political party by a method other than Any person who fails to file all the required forms by the above deadline MAY NOT have his name printed on the Primary Election ballot. For a Primary CandidateItems 1, 2 and 3 must be received by your District Political Party Chair by the filing deadline. Postmarks are acceptable only for Items 4 and 5 and only if they are mailed by registered or certified mail and a receipt showing date of mailing can be produced if demanded by the State Board of Elections.
DO’S AND DON’TS FOR A GENERAL OR SPECIAL ELECTION and GUIDELINES FOR POLLWORKERS AND AUTHORIZED REPRESENTATIVES Provide this information to any person who will either serve as your representative inside the polls or work for you outside the polls on election day. Any person who fails to file all the required forms by the above deadline MAY NOT have his name printed on the Primary Election ballot. * Refer to previous sections for details. For a Party Candidate Nominated By Method Other Than a PrimaryPostmarks are acceptable only if these documents are mailed by registered or certified mail and a receipt showing date of mailing can be produced if demanded by the State Board of Elections.
DO’S AND DON’TS FOR A GENERAL OR SPECIAL ELECTION and GUIDELINES FOR POLLWORKERS AND AUTHORIZED REPRESENTATIVES Provide this information to any person who will either serve as your representative inside the polls or work for you outside the polls on election day. Any person who fails to file all the required forms by the above deadline MAY NOT have his name printed on the Primary Election ballot. * Refer to previous sections for details. For An Independent (Non-Party) CandidateItems 1 and 2 listed below must be received by the General Registrar by the filing deadline. Postmarks are acceptable only for Items 3 and 4 and only if they are mailed by registered or certified mail and a receipt showing date of mailing can be produced if demanded by the State Board of Elections.
DO’S AND DON’TS FOR A GENERAL OR SPECIAL ELECTION and GUIDELINES FOR POLLWORKERS AND AUTHORIZED REPRESENTATIVES Provide this information to any person who will either serve as your representative inside the polls or work for you outside the polls on election day. Any person who fails to file all the required forms by the above deadline MAY NOT have his name printed on the Primary Election ballot. * Refer to previous sections for details. The General Assembly enacted legislation permitting an Independent to be identified on the ballot as a member of a political party (other than the Democratic Party or the Republican Party). In order to do so, the State Chair of the group must provide certain documents to the State Board of Elections no later than 5:00 PM on Monday, June 18, 2007. These documents are: 1. An affidavit signed by the State Chair of the group, under oath, stating that the group:
2. A list of the names and resident addresses of the officers and members of the state central committee; 3. A copy of the party plan and bylaws; and 4. A letter signed by the State Chair of the group, certifying that the individual is the nominee of the Party and, if his filing is adequate and he is determined to be qualified, is eligible to be identified as such on the November 6, 2007 ballot for the (provide office title) and in the (provide district number) for which he filed as an Independent candidate. NOTE: An independent [non-party] candidate may request notification of any problems with his filing that can be corrected before the filing deadline. This request must be in writing as required by § 24.2-505 of the Code of Virginia. This letter must be addressed to the Secretary of the Electoral Board of the candidate’s county or city of residence. It must accompany the declaration of candidacy and petitions filed with the General Registrar. The written request does not guarantee timely response. Certain factors may affect the electoral board’s ability to follow through, that is, the number of filings, etc. It is suggested that documents be filed at least ten [10] working days before the filing deadline if this notice is requested. All candidates must file pre-election and post-election reports of Campaign Contributions and Expenditures. These reports are filed with the State Board of Elections and, if reports are filed in paper form, with the Electoral Board of the candidate's county or city of residence. See Candidate Reporting Schedule for dates reports are due. The State Board of Elections will canvass the November 6 election on November 27, 2007. A certificate of election will be prepared by the Board on that day. This certificate of election cannot be issued to any person elected until all required reports are filed. Any successful candidate may file the post-election report so that it is received by the State Board and, if reports are filed in paper form, the local Electoral Board, no earlier than December 3 and must file it no later than December 6, 2007. No certificate of election can be issued to any successful candidate who fails to file the required reports. In Primary Elections Candidates appear on the ballot in the order in which they file. This is why no candidate may file earlier than Noon on March 27, 2007, nor later than 5:00 p.m. on April 13, 2007. If two or more candidates file at the same time, the order in which they appear In General Elections The candidates of political parties appear first on the ballot in the order determined by a drawing conducted by the State Board of Elections. Candidates representing any other recognized political party (see Item X of Page 9 herein), if any, appear next on the ballot in the order determined by a second drawing conducted by the State Board of Elections. Independent (non-party) candidates are listed in alphabetical order after the aforementioned political party candidates. Any successful candidate must file as a condition to assuming office, after the election and on or before January 7, 2007, with the Clerk of the appropriate House, a second Statement of Economic Interests as required by §§ 30-110 and 30-111 of the Code of Virginia. Forms are prescribed by, and available from the Clerk of the Senate, P. O. Box 396, Richmond, 23218 or Clerk of the House of Delegates, P. O. Box 406, Richmond 23218. Failure to so qualify creates a vacancy in the office. Listed below are the most commonly asked questions. If you need further details, please call us on our toll-free number. A. Who may circulate a candidate's petitions? A candidate may circulate his/her own petitions but is not required to do so. A candidate’s petitions may be circulated by any person who is, or who is eligible to be, a qualified voter of the Senate or House District in which the candidate is The circulator must affirm before a notary or other person authorized to administer oaths, that he personally witnessed the ffixing of the signatures. Falsely taking this affidavit is a felony under Virginia law. The circulator can NEVER leave the petition unattended, e.g., left on the counter at a grocery store, restaurant, etc. B. I am circulating a petition for a candidate. May I also sign as a qualified voter the petition that I am circulating? I am a Notary circulating petitions for a candidate. May I notarize the petition pages I circulate? NO TO BOTH. The person circulating the petition must swear, under oath, that he personally witnessed the affixing of the signatures on the petition and no person can witness his/her own signature. C. I am a candidate and a Notary. May I notarize the petition pages circulated by other persons? NO. § 47.1-30 of the Code of Virginia prohibits a notary from performing a notarial act on any document in which the notary or his spouse is a party, or in which either of them has a direct beneficial interest. Any Notary who violates these provisions is considered guilty of official misconduct, may be removed from office and may be subject to other penalties. D. I work for the federal government. Can I be a candidate? Generally, NO since the election is partisan. Employees of the federal government are prohibited from being candidates in partisan elections by the federal law commonly known as the Hatch Act. Most employees of the legislative branch of the federal government are exempt from the Hatch Act. However, they may be affected by other rules and regulations. Neither a federal government employee nor a person holding any office or post of profit or emolument under the United States government may hold this office. If any person so employed or holding an office of profit or emolument is elected, he would have to resign from the federal government before taking office. E. I work for the state or a local government. Can I be a candidate? Some state and local government employees are prohibited from being candidates. You may be so prohibited if your Agency receives federal funds. Contact the personnel officer where you work. If necessary, present the facts of your case in writing, including the office you wish to seek, to the Office of the Special Counsel, 1730 M Street NW, Suite 300, Washington, D.C. 20036 or call them at 800-872-9855 or 202-254-3600. That office will determine if you are affected by the Hatch Act. Most state and local government employees are not prohibited by law from being a candidate. However, you may be affected by the rules and regulations of the agency or ordinances of the government for which you work. Contact your personnel officer. Further, if you are a salaried officer of the Commonwealth of Virginia, you must resign from the position you hold prior to taking office. Important! Please read the disclaimer below
Disclaimer: This on-line document incorporates some minor changes from the original SBE document for formatting and readability purposes. This document is provided for general interest purposes only. If you wish to file for public office, you must go to the Virginia State Board of Elections web site and use the documents provided there. Please DO NOT rely on this document as authoritative. 
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©2005 Albemarle County Democratic Party
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