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2016 SESSION
16103711DBe 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,
except as provided in subsection B. The Within
15 days of the occurrence of the vacancy, 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. However, the governing body may request in its
petition that the special election be
held on the date of the next general election in November, and the court may order
the special election to be held on that date.
B. If a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered. Upon receipt of such petition, the court shall grant such request. 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, 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, for the remainder of the unexpired term.
C. 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.
D. Notwithstanding
the foregoing provisions of subsection A, 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 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.
E. 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.
B. F. 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. G. 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.