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2011 SESSION
11103749DBe it enacted by the General Assembly of Virginia:
1. That § 10 of Chapters 143 and 156 of the Acts of Assembly of 2009 is amended and reenacted as follows:
§ 10. Filling council vacancies.
A vacancy in the
office of member of council, from whatever cause arising, shall be filled
within 60 days of the occurrence of the vacancy. Such vacancy shall be filled
by the remainder of the council. The person so appointed to fill the vacancy
shall hold office until the qualified voters shall fill the same for the
remainder of the unexpired term by election at the next general councilmanic
election and the person(s) so elected shall have qualified. The election to
fill such vacancy shall be held as required and provided herein and by the
general laws of the Commonwealth of Virginia; provided that nominations for any
such vacancy shall be by petition in the manner prescribed by law for nonparty
candidates and not by caucus, primary, convention or other party-affiliated
proceeding. When a vacancy occurs
in an office of member of council, from whatever cause arising, the remaining
members of the body, within 45 days of the office becoming vacant, may appoint
a qualified voter of the city to fill the vacancy. The person so appointed
shall hold office only until the qualified voters fill the vacancy by special
election pursuant to §§ 24.2-226
and 24.2-682 of the Code of Virginia and the person so elected has
qualified. The election to fill such vacancy shall be held as required and
provided by the general laws of the Commonwealth of Virginia; provided that
nominations for any such vacancy shall be by petition in the manner prescribed
by law for nonparty candidates and not by caucus, primary convention or other
party-affiliated proceedings.