CHAPTER 431
An Act to amend and reenact §§24.2-226, 24.2-228, and
24.2-682 of the Code of Virginia, relating to elections; filling vacancies in
certain local offices; special elections.
[H 1014]
Approved April 11, 2010
Be it enacted by the General Assembly of Virginia:
1. That §§24.2-226, 24.2-228, and 24.2-682 of the Code of
Virginia are amended and reenacted as follows:
§24.2-226. Election to fill vacancy.
A. A vacancy in any elected local 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 for certain towns by §24.2-228 or for constitutional officers as
provided in §24.2-228.1, or unless provided otherwise by statute or charter
requiring special elections within the time limits provided in this title.
The governing body or, in the case of an elected school board, the school board
of the county, city, or town 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 issue the writ ordering the election for the next ensuing general
election to be held in November in the case of county, city, or town officers
regularly elected in November, or in May in the case of other city and town
officers promptly, which shall be no later than the next general
election unless the vacancy occurs within 90 days of the next general election
in which event it shall be held promptly but no later than the second general
election. If the vacancy occurs within 120 days prior to that election,
however, the writ shall order the election to be held at the second ensuing
such general election. Upon receipt of written notification by an officer
or officer-elect of his resignation as of a stated date, the governing body or
school board, as the case may be, 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. The person so elected shall hold
the office for the remaining portion of the regular term of the office for
which the vacancy is being filled.
B. Notwithstanding any provision of law or charter 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.
C. Notwithstanding any provision of law or charter to the
contrary, when an interim appointment to a vacancy in any governing body or
elected school board has been made by the remaining members thereof, no
election to fill the vacancy shall be ordered or held if the general election
at which it is to be called is scheduled in the year in which the term expires.
§24.2-228. Interim appointment to local governing body or
elected school board; elected mayor.
A. When a vacancy occurs in a local governing body or an
elected school board, the remaining members of the body or board, respectively,
within forty-five 45 days of the office becoming vacant, shall
may appoint a qualified voter of the election district in which the
vacancy occurred to fill the vacancy. If a majority of the remaining members of
the body or board cannot agree, or do not act, the judges of the circuit
court of the county or city shall may make the appointment. The
Notwithstanding any charter provisions to the contrary, the person
so appointed in a county or city, or a town with a population greater than
3,500, shall hold office only until the qualified voters fill the
vacancy by special election pursuant to §24.2-226 §24.2-682 and
the person so elected has qualified. The person so appointed in a town with
a population of 3,500 or less shall serve for the remainder of the term and no
special election shall be held.
If a majority of the seats on any governing body or elected
school board are vacant, the remaining members shall not make interim
appointments and the vacancies shall be filled as provided in §24.2-227.
B. When a vacancy occurs in the office of a mayor who is
elected by the voters, the council shall make an interim appointment to fill
the vacancy as provided in subsection A.
C. For the purposes of this article and subsection D of §
22.1-57.3, local school boards comprised of elected and appointed members shall
be deemed elected school boards.
§24.2-682. Times for special elections.
A. Notwithstanding any charter or special act to the contrary,
the following provisions govern the times for holding special elections. Every
special election shall be held on a Tuesday. No special election shall be held
within the 55 days prior to a general or primary election. No special election
shall be held on the same day as a primary election. A special election may be
held on the same day as a general election.
B. A referendum election shall be ordered at least sixty days
prior to the date for which the referendum election is called.
C. A special election to fill a vacancy in any county,
city, or town office, including school board member, regularly elected in a
November general election, shall be held on a November general election day. A
special election to fill a vacancy in any city or town office, including school
board member, regularly elected in a May general election, shall be held on a
regular May general election day.
A special election to fill a vacancy in any constitutional
office shall be held promptly and in accordance with the requirements of
subsection A.
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