Be it enacted by the General Assembly of Virginia:

1. That § 10 of Chapters 143 and 156 of the Acts of Assembly of 2009 is amended and reenacted as follows:

§ 10. Filling council vacancies.

A vacancy in the office of member of council, from whatever cause arising, shall be filled within 60 days of the occurrence of the vacancy. Such vacancy shall be filled by the remainder of the council. The person so appointed to fill the vacancy shall hold office until the qualified voters shall fill the same for the remainder of the unexpired term by election at the next general councilmanic election and the person(s) so elected shall have qualified. The election to fill such vacancy shall be held as required and provided herein and by the general laws of the Commonwealth of Virginia; provided that nominations for any such vacancy shall be by petition in the manner prescribed by law for nonparty candidates and not by caucus, primary, convention or other party-affiliated proceeding. When a vacancy occurs in an office of member of council, from whatever cause arising, the remaining members of the body, within 45 days of the office becoming vacant, may appoint a qualified voter of the city to fill the vacancy. The person so appointed shall hold office only until the qualified voters fill the vacancy by special election pursuant to §§ 24.2-226 and 24.2-682 of the Code of Virginia and the person so elected has qualified. The election to fill such vacancy shall be held as required and provided by the general laws of the Commonwealth of Virginia; provided that nominations for any such vacancy shall be by petition in the manner prescribed by law for nonparty candidates and not by caucus, primary convention or other party-affiliated proceedings.