Updated August 6, 2012, 12:30 p.m.

Call to Democratic Party Caucus Virginia 45th House of Delegates District 1. Call. Pursuant to the Democratic Party Plan of Virginia ("the Party Plan"), the 45th House District Nominating Committee ("the Committee") hereby calls an Unassembled Caucus for the sole purpose of choosing a Democratic nominee for the Special Election to fill the upcoming vacancy in the 45th House of Delegates District ("the 45th District"). 2. Caucus Rules, Forms, and Information.  Caucus Rules will be posted, along with other pertinent forms and information about the nominating process, at www.45thdistrict.org.  Any changes to the Caucus Rules will be updated on that site.   3. General Participation Requirements. Each participant in the Caucus must be a qualified voter in the 45th District at the time of their participation, which includes being registered to vote in the Special Election in the 45th District on Sept. 4, 2012.  No participant in the Caucus may intend to support any candidate who is opposed to the Democratic nominee in that Special Election.   4. Voting Opportunities. Participants in the Caucus may vote only in person and at one of the following times and locations (Note: Each voter may arrive during any time listed below, cast his or her vote, and leave.):               Thursday, Aug. 2, 2012, 5 p.m. to 9 p.m.             Lyles-Crouch Traditional Academy             530 South St. Asaph St. (at Gibbon St.),             Alexandria, VA               Saturday, Aug. 4, 2012, 10 a.m. to 5 p.m.             Cora Kelly Recreation Center             25 W. Reed Ave. (at Commonwealth Ave.),             Alexandria, VA   5. Candidate Requirements.  Each candidate for nomination must meet all applicable requirements of state law, the Party Plan, and the Caucus Rules.  Each candidate for nomination must submit a completed Declaration of Candidacy form to the Chair of the Committee no later than July 31, 2012, at 5 p.m. ET.  Each form must bear the original signature of the candidate, and must be accompanied by a filing fee of $500.00, made payable to the Alexandria Democratic Committee.  If only one qualified candidate files by the deadline, that person will be the nominee of the Democratic Party and the Caucus will be cancelled.   For questions about the Caucus, to request any accommodation necessary to ensure full participation, or to file a Declaration of Candidacy, please contact Craig T. Fifer, Chair of the Committee, any time at craig@45thdistrict.org or 703-505-9668.

Official Results Karen Gautney 891 Rob Krupicka 1,541 Total Votes Cast 2,432 Rob Krupicka was certified to the State Board of Elections as the Democratic nominee, on Aug. 6, 2012. Precincts in the 45th District Check Your Address to See if You're in the 45th View Larger Map

Frequently Asked Questions About the 45th House District Nominating Process

Please note that these answers are not intended to provide legal advice or to restate the law, and are only applicable to this particular nominating process.

Del. David Englin has announced that he has notified the Governor of his resignation from the Virginia House of Delegates, effective August 31, 2012.  This resignation creates a vacancy in the 45th House District, which must be filled in accordance with the Constitution of Virginia, the Code of Virginia, and the Democratic Party Plan of Virginia.  The nominating process will determine the nominee to represent the Democratic Party in the special election to fill the vacancy.

The vacancy must be filled by a special election called by the Governor. (§ 24.2-216)

On July 25, 2012, the Governor announced that he would issue a writ of election on July 30, 2012, to set the special election for Tuesday, Sept. 4, 2012. (§ 24.2-682, § 24.2-683)

The term of office for the candidate elected in the special election will begin immediately after he or she is elected and files the appropriate forms, and will end on Jan. 8, 2014.  The general election for the 2014-2016 term will be held on Nov. 5, 2013. (§ 24.2-201, § 24.2-215)

Who decided the method of nomination for the Democratic nominee to appear on the special election ballot?

The method of nomination was determined by the 45th House District Nominating Committee. (Party Plan 7.1, 12.3)

The 45th House District Nominating Committee consists of the chairs of the Alexandria, Arlington County, and Fairfax County Democratic Committees, or their designees if the chairs do not live in the 45th House District.  Designees must be members of the local committees unless no member of the local committee lives in the district.

As it happens, none of the three chairs lives in the 45th House District.  Therefore, they have designated the following representatives.

• Alexandria: Craig Fifer (703-505-9668)
• Arlington: Les Bergen
• Fairfax County: Lynn Clark

The weight of each member’s vote on the Nominating Committee is proportionate to the vote from each locality for Del. Englin in the November 2011 election:  Alexandria 74.1%, Arlington 19.5%, Fairfax 6.4%.  Unless the Nominating Committee determines otherwise, a quorum is 30%, or one, of its members.  The members elect a chair and a secretary, and advise DPVA of such.  Reasonable public notice of meetings of the Nominating Committee must be made at least seven days before each meeting. (Party Plan 7.3, 7.4, 7.5, 9.5, 10.5)

The Nominating Committee may select a method of nomination of caucus or convention, or may determine that no Democratic nominee will be offered for the election.  A primary may not be used for this special election.  The caucus method may be assembled or unassembled, and held in each of the three localities or (by unanimous vote of the Nominating Committee) jointly among the localities.  The Nominating Committee must advise DPVA headquarters in writing of the method of nomination within seven days of the decision. (Party Plan 7.2, 12.3, 14.1, § 24.2-508, § 24.2-509, § 24.2-514)

How do the different methods of nomination work?

• A primary election is a voting event conducted in the same manner and using the same staff, equipment, and polling places as for a general election. The primary date is established by law, and polls are open from 6 a.m. to 7 p.m. on that date. The same provisions as for general elections (e.g. absentee ballots, recounts, prohibited activities) apply to primary elections.
  
  
• A convention is a meeting of delegates who have been selected by caucuses held prior to the convention. The delegates are usually elected based on their pledge to vote for a certain candidate at the convention. The convention begins at a set time and ends when the nomination is complete. All delegates are required to be assembled by a certain time, and to remain in the convention until it adjourns.
  
  
• An assembled caucus (also known as a mass meeting) is a meeting of voters that begins at a set time and ends when the nomination is complete. All voters are required to be assembled by a certain time, and to remain in the caucus until it adjourns.
  
  
• An unassembled caucus (also known as a firehouse primary) is a voting event that begins and ends at set times, during which voters may participate without staying for the entire event. An unassembled caucus may be held over a period of days, in one or more locations, with designated windows of time on each date.
  
  
• Either an assembled or unassembled caucus may be held by locality (in which case only the qualified voters of that locality may vote in it), or held jointly between localities (in which case any qualified voter in the 45th House District could vote in it).
  
  
• Conventions and caucuses are conducted by and paid for the Democratic Party. Primary elections are conducted and paid for by state and local government.

NOTE: As indicated by the Call to Caucus above, the Nominating Committee has chosen a joint unassembled caucus as the method of nomination for this Special Election. 

The Nominating Committee may not nominate a candidate directly instead of choosing a primary, convention, or caucus.  If an authorized convention or caucus fails to produce a nominee, the Nominating Committee may make a direct nomination. (Party Plan 10.6) 

When can the caucus be held?

There is no limit on how far before the special election the caucus or caucuses may be held. The nominating process must conclude by Aug. 6, 2012, at 5 p.m..  (§ 24.2-510, § 24.2-511)

The Nominating Committee must adopt and implement an outreach program to encourage Democrats to participate in the caucus. The Party Plan specifies that “Particular concern should be undertaken regarding young people, women, African Americans and other ethnic minorities, persons with disabilities and other constituent groups.”  The Nominating Committee has asked the local committees to assist in this effort.  (Party Plan 3.1)

Due to the very short amount of notice provided by the Governor, the State Chair has waived the usual notice requirements for the caucus. Nevertheless, the State Party, the Nominating Committee, and the local committees are making every effort to ensure widespread notice of the caucus.  (Party Plan 9.1, 9.4, 9.6, 14.2)

Who determines the operating rules for the Nominating Committee and the caucus?

The Nominating Committee must adopt any necessary rules or regulations, and mail them to DPVA headquarters within 14 days of their adoption.  The Nominating Committee is responsible for directing the conduct of the caucus, and making the arrangements for it.  The Steering Committee may set, change, or waive any normal deadlines in the Party Plan.  (Party Plan 10.2, 10.7, 12.6, 14.2, § 24.2-508)

The Nominating Committee is responsible for making all the arrangements for the caucus, but will rely on the local committees to provide volunteer and logistics support.  The Alexandria, Arlington County, and Fairfax County Democratic Committees have no formal role in the process to fill the vacancy in the 45th House District.  That said, these three committees will play a vital role in creating public awareness about the nominating process and contributing volunteer support to plan for and staff the caucus.  (Party Plan 14.2)

Neither the Nominating Committee, any city or county committee, any other Democratic committee, nor any Central Committee caucus or constituency group may formally endorse a candidate for nomination.   This prohibition also extends to the Chair, Vice Chair for Finance and Administration, and Vice Chairs for Precinct Operations of the Alexandria Democratic Committee. (Party Plan 10.11, ADC Bylaws Article VII, Section 8)

Every person who participates in a 45th House District caucus must be registered to vote in the Sept. 4, 2012, special election. (Party Plan 2.2)

No loyalty oath is required to vote in a Democratic caucus.  However, each voter in a caucus must not intend to support a candidate opposed to any Democratic nominee for any office in the next election.  (Party Plan 2.2)

No fee of any kind, voluntary or mandatory, may be charged for the right to attend and vote at a caucus. The Nominating Committee may determine that candidates must pay a filing fee, which is typically used to offset the costs of the nominating process. The Nominating Committee has set the candidate filing fee for this caucus at $500.00. (Party Plan 10.2, 12.6, 14.2, 14.4, § 24.2-508, § 24.2-523)

A candidate for the 45th House District must:

• Be at least 21 years old as of Sept. 4, 2012, be qualified to vote in the 45th House District by Aug. 6, 2012, have been a resident of Virginia since for at least one year before Sept. 4, 2012, and not be an officer or employee of the U.S. Government. (Constitution of Virginia Article IV, Section 4; § 24.2-500)
• Vacate, upon election, any salaried office under state government, or any constitutional office. (Constitution of Virginia Article IV, Section 4)
• File a Statement of Organization with the State Board of Elections within 10 days of accepting a campaign contribution, making a campaign expenditure, paying a caucus filing fee, filing a Statement of Qualification, appointing a campaign treasurer, designating a campaign committee, or designating a campaign depository. (§ 24.2-947.1)
• Follow all campaign finance and advertising disclosure requirements of state law. (§ 24.2-925 through § 24.2-959.1)
• Follow any filing requirements to be determined by the Nominating Committee. (Party Plan 10.2, 12.6, 14.2, § 24.2-508)

Note the following requirements from the State Board of Elections for candidates who have already filed: "No individual can register for an election which has not been called. In the case of a presumed special election, if an individual wants to begin fundraising for a presumed special election, the individual must register as a candidate for the next General Election for that office. ... "After the special election has been called, the campaign committee must amend their Statement of Organization to reflect the new General Election date."

The successful nominee must make the following filings by Aug. 6, 2012, at 5 p.m. A statement is timely filed if it is received, or sent by registered or certified mail with receipt. For more information about what is required of the nominee, please see this State Board of Elections bulletin.

• File a Statement of Qualification with the State Board of Elections by Aug. 6, 2012, at 5 p.m.  (§ 24.2-501, § 24.2-503, § 24.2-507)
• File a Statement of Economic Interests with the Clerk of the House of Delegates.  (§ 24.2-502, § 24.2-503, § 24.2-507, § 30-111)
• Not be delinquent on any campaign finance report due for any campaign for statewide office or the General Assembly in the five years preceding the special election. (§ 24.2-948.3)

Copyright 2012 45th House District Nominating Committee
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