SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2009 SESSION
095626420Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-225, 24.2-226, and 24.2-228 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-225. Applicability.
This article applies to vacancies in any elected
constitutional or local office, if there is no other statutory or
charter provision for filling a vacancy in the office. Further and
provisions within this article which specifically override other statutory or
charter provisions shall prevail.
§ 24.2-226. Election to fill vacancy.
A. A vacancy in any elected local office, whether occurring
when for any reason an officer-elect does not take office or occurring after an
officer begins his term, shall be filled by special election except as
provided for certain towns by § 24.2-228 or for constitutional officers
as provided in § 24.2-228.1, or unless provided otherwise by statute or
charter. The governing body or, in the case of an elected school board, the
school board of the county, city, or town in which the vacancy occurs shall,
within 15 days of the occurrence of the vacancy, petition the circuit court to
issue a writ of election to fill the vacancy as set forth in Article 5 (§
24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its
own motion, the court shall issue the writ ordering the election for the next
ensuing November or May general election to be held in November in
the case of county, city, or town officers regularly elected in
November, or in May in the case of other city and town officers. If the
vacancy occurs within 120 days prior to that election, however, the writ shall
order the election to be held at the second ensuing such general election. Upon
receipt of written notification by an officer or officer-elect of his
resignation as of a stated date, the governing body or school board, as the
case may be, may immediately petition the circuit court to issue a writ of
election, and the court may immediately issue the writ to call the election.
The officer's or officer-elect's resignation shall not be revocable after the
date stated by him for his resignation or after the thirtieth day before the
date set for the special election. The person so elected shall hold the office
for the remaining portion of the regular term of the office for which the
vacancy is being filled.
B. Notwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled.
C. Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires.
§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor.
A. When a vacancy occurs in a local governing body or an
elected school board, the remaining members of the body or board, respectively,
within forty-five days of the office becoming vacant, shall either (i) appoint
a qualified voter of the election district in which the vacancy occurred to
fill the vacancy or (ii) in the case of a vacancy in the local governing
body, the local governing body may petition the circuit court to issue a writ
of election to fill the vacancy on a date prior to the next general election
date and as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6 of this
title. If a majority of the remaining members of the body or board cannot
agree, or do not act, the judges of the circuit court of the county or city
shall make the appointment. The Notwithstanding any charter
provisions to the contrary, the person so appointed in a county or city,
or a town with a population greater than 3,500, shall hold office only until
the qualified voters fill the vacancy by special election pursuant to §
24.2-226 and the person so elected has qualified. The person so appointed in
a town with a population of 3,500 or less shall serve for the remainder of the
term and no special election shall be held.
If a majority of the seats on any governing body or elected school board are vacant, the remaining members shall not make interim appointments and the vacancies shall be filled as provided in § 24.2-227.
B. When a vacancy occurs in the office of a mayor who is elected by the voters, the council shall make an interim appointment to fill the vacancy as provided in subsection A.
C. For the purposes of this article and subsection D of § 22.1-57.3, local school boards comprised of elected and appointed members shall be deemed elected school boards.