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2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 24.2-228.1 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-228.1. Election to fill vacancy in constitutional office.
A. Notwithstanding any provision of a charter to the contrary,
a vacancy in any elected constitutional 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. The governing body of the
county or city 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 promptly issue the writ ordering the election for a date determined
pursuant to § 24.2-682. Upon receipt of written notification by an officer or
officer-elect of his resignation as of a stated date, the governing body 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. Notwithstanding the foregoing provisions, a vacancy in any
elected constitutional office in any county or city with a population of 15,000
or less, or shared by two or more units of government with a combined
population of 15,000 or less, shall be held at filled by a
special election ordered by the court to be held at the next ensuing general
election to be held in November. If the vacancy occurs within 90 days prior to
that election, however, the writ shall order the election to be held at the
second ensuing such general election.
B. The Notwithstanding any provision of a charter to
the contrary, the highest ranking deputy officer, or, in the case of the
office of attorney for the Commonwealth, the highest ranking full-time
assistant attorney for the Commonwealth, if there is such a deputy or assistant
in the office, shall be vested with the powers and shall perform all of the
duties of the office, and shall be entitled to all the privileges and
protections afforded by law to elected or appointed constitutional officers,
until the qualified voters fill the vacancy by election and the person so
elected has qualified and taken the oath of office. In the event that (i) there
is no deputy officer or full-time assistant attorney for the Commonwealth in
the office or (ii) the highest-ranking deputy officer or assistant attorney for
the Commonwealth declines to serve, the court shall make an interim appointment
to fill the vacancy pursuant to § 24.2-227 until the qualified voters fill the
vacancy by election and the person so elected has qualified and taken the oath
of office.
C. Notwithstanding any provision of law 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.
D. The absence from the county or city of a constitutional officer by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law, including § 19.2-156, the power to relieve a constitutional officer of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer unless expressly waived by him in writing.