HB450: Elections; person appointed to fill a vacancy shall exercise all powers of elected office.
Be it enacted by the General Assembly of Virginia:
1. That ? 24.2-228 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 6 of Chapter 2 of Title 24.2 a section numbered 24.2-229.1 as follows:
? 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 cannot
agree, or do not act, the judges of the circuit court of the county or city
shall make the appointment. The person so appointed in a county or city, or a
town with a population greater than 3,500, shall hold office 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. Any person so appointed shall hold office
the same as an elected person and shall exercise all powers of the elected
office.
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.
? 24.2-229.1. Legitimacy of votes by appointees.
All votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy pursuant to this article, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are hereby validated and confirmed as the lawful vote of an elected member of the governing body.
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 and that the Code of Virginia is amended by adding in Article 6 of Chapter 2 of Title 24.2 a section numbered 24.2-229.1 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. 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
no later than [ 90 days after such the second ensuing
] 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 cannot
agree, or do not act, the judges of the circuit court of the county or city
shall make the appointment. The person so appointed in a county or city, or a
town with a population greater than 3,500, shall hold office 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. Any person so appointed shall hold office
the same as an elected person and shall exercise all powers of the elected
office.
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.
? 24.2-229.1. Legitimacy of votes by appointees.
All votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy pursuant to this article, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are hereby validated and confirmed as the lawful vote of an elected member of the governing body.
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 and that the Code of Virginia is amended by adding in Article 6 of Chapter 2 of Title 24.2 a section numbered 24.2-229.1 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. 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 no later than 90 days
after 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 cannot agree, or do not act, the judges of
the circuit court of the county or city shall make the appointment. The person
so appointed in a county or city, or a town with a population greater than
3,500, shall hold office 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. Any person so appointed shall hold office the same
as an elected person and shall exercise all powers of the elected office.
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.
§ 24.2-229.1. Legitimacy of votes by appointees.
All votes cast prior to July 1, 2010, by persons duly appointed to fill a vacancy pursuant to this article, including votes appropriating money in excess of $500, imposing taxes, or authorizing the borrowing of moneys, are hereby validated and confirmed as the lawful vote of an elected member of the governing body.