Virginia

I received a short response from the Virginia Secretary of State's office today. I'll need to follow up, as I'm not sure I understand the relevant statutes referenced in the email.

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Dear Sir/Madam,

In the Code of Virginia, § 24.2-519 states that:

In order to qualify as a candidate at any primary, a person must be legally qualified to hold the office for which he is a candidate and be qualified to vote in the primary in which he seeks to be a candidate.

In order to meet the requirements of this statute, it is clear that somebody from the state of Virginia must check the legal qualifications of the person seeking to become a candidate. My question is: Who is this person? When does he/she/they check the qualifications of the candidates? What evidence is required from the candidates in order to make a determination that they are legally qualified to hold office?

My particular concern is specific to the 2008 Presidential primary. Both John McCain and Barack Obama were placed on the ballot, and as far as I can determine, no one checked to ensure that they were legally qualified to hold the office for which they were a candidate. If I am mistaken, could you please provide me with the following information: a) Who was legally responsible for making sure that the candidates were legally qualified to hold the office they were running for, and therefore eligible to qualify as a candidate on your primary ballot? b) When was the determination made that these candidates were eligible to be placed on the ballot? c) What documentary evidence was presented by the candidates to the state that proved that they were legally qualified to hold the office which they sought?

I thank you for your time and attention to these important questions, and respectfully request that you respond before 5:00 pm EST, Friday December 12th. If this will not be possible, please respond to this message with a time and a date that I might expect a response from this office.

Thank you again,
Your Fellow Citizen,
Justin W. Riggs

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Please see Va. Code § 24.2-545 regarding the presidential primary. You can access election laws through our website under that heading at the top:
http://www.sbe.virginia.gov/cms/


If you still have questions, you may call me this Thursday or next Monday.


Martha B. Brissette
Staff Attorney
Virginia State Board of Elections
200 N. 9th St. #925
Richmond, VA 23219
804.864.8925
Toll free 800. 552.9745