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2023 SESSION
23105241DBe it enacted by the General Assembly of Virginia:
1. That § 3.03, as amended, of Chapter 147 of the Acts of Assembly of 1962 is amended and reenacted as follows:
§ 3.03. Filling vacancies in office of council member and mayor.
Vacancies Notwithstanding any provision to the
contrary in § 24.2-226 of the Code of Virginia, all vacancies in the office
of councilmen council member, from whatever cause arising, except
where such vacancy occurs due to a resignation to run for the office of mayor,
shall be filled within by special election to occur on the first
Tuesday after 60 days of the occurrence of the vacancy. However, if a
vacancy occurs within 120 days of the date of the next general election, the
qualified voters will fill the vacancy by special election on the date of the
general election. If the special election would occur within 55 days of a primary
election, the special election to fill the vacancy shall be the Tuesday
immediately following the primary election. The person so elected shall hold
office for the unexpired portion of the term by a majority vote of the
remaining members of the council, provided that so long as. If any
councilmen of the council members are elected by and from districts,
the vacancy shall be filled by a qualified voter residing in the same district.
If a vacancy shall occur in the office of mayor, the
council shall choose by majority vote of the remaining members thereof one of
its members to be mayor until his successor is elected and qualified in
accordance with general law unexpired portion of the term shall be
filled by the same process described above.
Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of council member or mayor.