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2010 SESSION
10102168DBe it enacted by the General Assembly of Virginia:
1. That §§ 24.2-225, 24.2-226, 24.2-228, and 24.2-682 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
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
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 promptly and in
accordance with § 24.2-682. 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 45 days
of the office becoming vacant, shall appoint a qualified voter of the election
district in which the vacancy occurred to fill the vacancy. 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 In no event shall any appointment be made if a
special election to fill the vacancy is scheduled to be held within 120 days
of the vacancy. 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 § 24.2-682 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.
§ 24.2-682. Times for special elections.
A. Notwithstanding any charter or special act to the contrary, the following provisions govern the times for holding special elections. Every special election shall be held on a Tuesday. No special election shall be held within the 55 days prior to a general or primary election. No special election shall be held on the same day as a primary election. A special election may be held on the same day as a general election.
B. A referendum election shall be ordered at least sixty days prior to the date for which the referendum election is called.
C. A special election to
fill a vacancy in any county, city, or town office, including school board
member, regularly elected in a November general election, shall
be held on a November general election day. A special
election to fill a vacancy in any city or town office, including school board
member, regularly elected in a May general election, shall be held on a regular
May general election day.
A special election to
fill a vacancy in any constitutional office shall be held promptly and in
accordance with the requirements of subsection A.