HB1780: Elections, special; filling vacancies in certain local offices.
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-225, 24.2-226, 24.2-228, and 24.2-682 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-225. Applicability.
This article applies to vacancies in any elected
constitutional or local office if there is no other statutory or charter
provision for filling a vacancy in the office. Further, and
provisions within this article which specifically override other statutory or
charter provisions shall prevail.
§ 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. 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 and in accordance with § 24.2-682.
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
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 make the appointment. In no event, shall any
appointment be made if a special election to fill the vacancy is scheduled to
be held within 120 days of the vacancy. 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.
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-226 and 24.2-228 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 with a population of 3,500 or less by § 24.2-228 or
for constitutional officers as provided in § 24.2-228.1, or unless provided
otherwise by statute or charter. 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. 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 days of the office becoming vacant, shall appoint a qualified
voter of the election district in which the vacancy occurred to fill the
vacancy. If a majority of the remaining members cannot agree, or do not act,
the judges of the circuit court of the county or city shall 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
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.
Be it enacted by the General Assembly of Virginia:
1. That 24.2-225, 24.2-226, and 24.2-228 of the Code of Virginia are amended and reenacted as follows:
24.2-225. Applicability.
This article applies to vacancies in any elected
constitutional or local office, if there is no other statutory or
charter provision for filling a vacancy in the office. Further and
provisions within this article which specifically override other statutory or
charter provisions shall prevail.
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. 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 November or May 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. 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 days of the office becoming vacant, shall either (i) appoint
a qualified voter of the election district in which the vacancy occurred to
fill the vacancy or (ii) in the case of a vacancy in the local governing
body, the local governing body may petition the circuit court to issue a writ
of election to fill the vacancy on a date prior to the next general election
date and as set forth in Article 5 ( 24.2-681 et seq.) of Chapter 6 of this
title. 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 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 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.
Be it enacted by the General Assembly of Virginia:
1. That 24.2-226 and 24.2-228 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 with a population of 3,500 or less by
24.2-228 or for constitutional officers as provided in 24.2-228.1, or
unless provided otherwise by statute or charter. 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. 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 days of the office becoming vacant, shall appoint a qualified
voter of the election district in which the vacancy occurred to fill the
vacancy. If a majority of the remaining members cannot agree, or do not act,
the judges of the circuit court of the county or city shall 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 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.