Elections; person appointed to fill a vacancy shall exercise all powers of elected office. (HB450)
Introduced By
Progress
√ |
Introduced |
√ |
Passed Committee |
√ |
Passed House |
√ |
Passed Senate |
√ |
Signed by Governor |
√ |
Became Law |
Description
Elections; appointments to fill vacancies. Requires that special elections to fill vacancies in local offices occurring within 120 days prior to a general election shall be held no later than 90 days after the general election. Persons appointed to serve the remainder of a term due to vacancy shall exercise all powers of the elected office. Affirms that votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are validated and confirmed as the lawful vote of an elected member of the governing body. Although in conflict with a recent opinion of the Attorney General, the amendments are consistent with case law and an earlier opinion of the Attorney General. Amends § 24.2-226 (“Election to fill vacancy.”), § 24.2-228 (“Interim appointment to local governing body or elected school board; elected mayor.”), § 24.2-229.1 (“Legitimacy of votes by appointees.”), of the Code of Virginia. View Full Text »
