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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 [ , or as provided otherwise by statute ] . 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.