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2023 SESSION
23101839DBe 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.