CHAPTER 511
An Act to amend and reenact §24.2-228.1 of the Code of
Virginia, relating to vacancies in constitutional offices; timing of special
election.
[S 308]
Approved March 25, 2016
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, 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, who is qualified to vote for and hold that
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, 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, who is qualified to vote for and hold that 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.
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