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A BILL to amend and reenact §§
15.2-502
,
15.2-705
,
15.2-802
,
24.2-226
,
24.2-228
,
24.2-507
, and
24.2-510
of the Code of Virginia and to amend the Code of Virginia by adding a section numbered
24.2-228.2
, relating to elections; filling vacancies in county and city governing bodies.
Be it enacted by the General Assembly of Virginia:
1. That
§§
15.2-502
,
15.2-705
,
15.2-802
,
24.2-226
,
24.2-228
,
24.2-507
, and
24.2-510
of the Code of Virginia
are
amended and reenacted and that the Code of Virginia is amended by adding a section numbered
24.2-228.2
as follows:
§
15.2-502
. Powers vested in board of county supervisors; election and terms of members; vacancies.
A. The powers of the county as a body politic and corporate shall be vested in a board of county supervisors (the board), to consist of not less than three nor more than nine members to be elected by the voters of the county at large, or solely by the voters of the respective magisterial or election district of which each member is a qualified voter. There shall be on the board for each magisterial or election district one member, and no more, who shall be a qualified voter of the district.
The supervisors first elected shall hold office until January 1 following the next regular election provided by general law for the election of supervisors. At such election their successors shall be elected for terms of four years each.
B. When any vacancy occurs in the board, the vacancy shall be filled in accordance with §
24.2-228
, except that the board shall have the option in its petition to the court to request that the election to fill the vacancy be held prior to the next or second ensuing general election, as the case may be. In that event, such election shall be held within sixty days of the issuance of the writ, or, if such election would fall within the sixty days prior to a general or primary election, on the general election day or within sixty days following the primary election
.
C. Notwithstanding the provisions of subsection B, the provisions of this subsection shall apply to any county with the county executive form of government that is contiguous to a county with the urban county executive form of government. Notwithstanding the provisions of §§
24.2-226
and
24.2-228
, when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall issue a writ for a special election to fill the vacancy for the remainder of the unexpired term. The judge shall issue the writ within fifteen days of the occurrence of the vacancy. He shall order the election to be held not fewer than forty-five days and not more than sixty days after the issuance of the writ. However, if the election would fall within sixty days before a general election, the judge shall order the election to be held on the general election day; and, if the election would fall within sixty days before a primary election, the judge shall order the election to be held not fewer than thirty days and not more than sixty days after the primary. If the vacancy occurs prior to a general election and there is insufficient time to order the election to be held at the general election, the judge shall order the election to be held not fewer than 45 days and not more than 60 after the general election. The local electoral board shall determine and announce within three business days after the date of the writ the candidate filing deadline for the special election. The remaining members of the board shall not make a temporary appointment to fill the vacancy.
However, if the vacancy occurs within the 180 days before the expiration of the term of office, there shall be no special election, and the remaining members of the board shall fill the vacancy by appointment pursuant to §
24.2-228
within thirty days of the occurrence of the vacancy and after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term.
§
15.2-705
. Election of members of board; filling vacancies.
A. In any county operating as of December 1, 1993, under the county manager plan provided for in this chapter, the members of the board shall be elected and vacancies on the board shall be filled as provided in this section. The members of the board shall be elected from the county at large.
B. Two board members shall be elected at the November 1995 election to succeed the members whose terms are expiring, and one member each shall be elected at the 1994, 1996, and 1997 November elections to succeed the members whose terms respectively are expiring. Thereafter at each regular November election one or more board members shall be elected to succeed the members whose terms expire on or before January 1 next succeeding such election. The members so elected shall be elected for terms of four years each, shall take office on January 1 next succeeding their election, and shall hold office until their successors are elected and qualify. The board may provide, by ordinance, for the nomination or election of candidates by instant runoff voting pursuant to §
15.2-705.1
.
C.
Notwithstanding the provisions of §
24.2-226
, when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall call a special election for the remainder of the unexpired term to be held not less than 60 days and not more than 80 days thereafter, and the local electoral board shall determine and announce within three business days after such call the candidate filing deadline for that special election. However, if any vacancy occurs within 180 days before the expiration of a term of office, the vacancy shall be filled by appointment by a majority vote of the remaining members of the board within 30 days of the occurrence of the vacancy after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term
When any vacancy occurs in the board, the vacancy shall be filled in accordance with §
24.2-228
.
§
15.2-802
. Powers of county vested in board of supervisors; membership, election, terms, etc., of board; vacancies; powers of chairman.
The powers of the county as a body politic and corporate shall be vested in an urban county board of supervisors, to consist of one member from each district of such county and to be known as the board of supervisors (the board). Each member shall be a qualified voter of his district and shall be elected by the qualified voters thereof. In addition to the above board members, the voters shall elect a county chairman who shall be a qualified voter of the county. No person may be a candidate for county chairman at the same time he is a candidate for membership on the county board from any district of the county. A quorum shall consist of a majority of the board and the chairman shall be included and counted.
The county chairman shall be the chairman of the board and preside at the meetings thereof. The chairman shall represent the county at official functions and ceremonial events. The chairman shall have all rights, privileges, and duties of other members of the board and such others, not in conflict with this article, as the board may prescribe. In addition, the chairman shall have the power to (i) call special meetings of the board in accordance with the procedures and restrictions of §
15.2-1418
, mutatis mutandis; (ii) set the agenda for board meetings; however, any such agenda may be modified by an affirmative vote of the board; (iii) appoint county representatives to regional boards, authorities and commissions which are authorized in advance by the board; however, any such appointment shall be subject to revocation by an affirmative vote of a majority of all members elected to the board acting within the 30-day period following that appointment; and (iv) create and appoint committees of the board and name presiding members of such committees as authorized by the board; however, any such committee or appointment shall be subject to revocation by an affirmative vote of a majority of all members elected to the board.
At the first meeting at the beginning of its term and any time thereafter when necessary, the board shall elect a vice-chairman from its membership who shall perform the duties of the chairman in his absence.
The supervisors and chairman first elected under the provisions of this chapter shall hold office until January 1 following the next regular election provided by general law for the election of supervisors. At such election their successors shall be elected for terms of four years each.
If the number of districts in any such county is increased by redistricting or otherwise subsequent to a general election for supervisors, and such supervisors have taken office, then the board shall adopt a resolution requesting a judge of the circuit court for such county to call a special election for an additional supervisor or supervisors in accordance with the increase in the number of districts, such additional supervisor or supervisors to be elected from the county at large, and such election shall be held within 45 days from the date of such request. The qualifications of candidates and the election shall be as at general law applying to special elections. Any supervisors thereby elected shall hold office until January 1 following the next regular election provided by general law for the election of members of the board, and at the next regular election all supervisors of any such county shall be elected from districts as provided by law.
If a vacancy occurs on the board,
the chief judge of the circuit court for such county shall call a special election, in the district if the vacancy is of a district supervisor, or in the county at large if the vacancy is of the chairman, to be held not fewer than 45 nor more than 90 days after the occurrence of the vacancy; however, if the vacancy occurs within 150 days prior to a general election, such special election may be held on the general election day; and if the vacancy occurs within 120 days prior to the date of a regular election for the board of supervisors, such vacancy shall be filled by appointment by the remaining members of the board within seven days of the occurrence of the vacancy, which appointment shall be for the duration of the term of office of the person whose absence from the board occasioned such vacancy
. The qualification of candidates and the election shall be otherwise as at general law applying to special elections
the vacancy shall be filled in accordance with §
24.2-228
.
§
24.2-226
. Election to fill vacancy.
A.
Notwithstanding any other provision of law
or
charter, a vacancy in any governing body of a county or city, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled as provided by §
24.2-228.2
.
B.
Unless provided otherwise by statute or charter requiring special elections within the time limits provided in this title, a
vacancy in any 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 as provided by §
24.2-228.1
.
C.
A vacancy in any elected local office
, except for the governing body of a county or city
or a 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 as provided by §
24.2-228
or for constitutional officers as provided in §
24.2-228.1
, or unless provided otherwise by statute or charter requiring special elections within the time limits provided in this title. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which
the
such
vacancy occurs shall, within 15 days of the occurrence of
the
such
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 promptly and shall order the special election to be held on the date of the next general election in November or in May if the vacant office is regularly scheduled by law to be filled in May. However, if the governing body or the school board requests in its petition a different date for the election, the court shall order the special election be held on that date, so long as the date requested precedes the date of such next general election and complies with the provisions of §
24.2-682
. If
the
such
vacancy occurs within 90 days of the next such general election and the governing body or the school board has not requested in its petition a different date for the election, the special election shall be held on the date of the second 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 forty-fifth 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.
D.
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
; however, the provisions of this subsection shall not apply to
a special election held pursuant to §
24.2-228.2
.
C.
E.
Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any
governing body
town council
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 fill a vacancy; town council or elected school board; elected mayor.
A. When a vacancy occurs in a
local
governing body
town council
or an elected school board, the remaining members of the body or board, respectively, within 45 days of the office becoming vacant, may appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. At least seven days prior to making such interim appointment, the body or board shall hold a public meeting in accordance with §
2.2-3707
at which the body or board shall announce the names of all persons being proposed for the interim appointment and shall make available for inspection each person's resume and any other materials required by the body or board. 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 may make the appointment.
Notwithstanding any charter provisions to the contrary, the person so appointed shall hold office only until the qualified voters fill the vacancy by special election pursuant to §
24.2-682
and the person so elected has qualified. 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
town
council
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
the city or town council, within 45 days of the office becoming vacant, may appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy
.
At least seven days prior to making such interim appointment, the
council
shall hold a public meeting in accordance with §
2.2-3707
at which the body or board shall announce the names of all persons being proposed for the interim appointment and shall make available for inspection each person's resume and any other materials required by the body or board. If a majority of the remaining members of the
council
cannot agree, or do not act, the judges of the circuit court of the county or city may make the appointment.
Notwithstanding any charter provisions to the contrary, the person so appointed shall hold office only until the qualified voters fill the vacancy by special election pursuant to §
24.2-682
and the person so elected has qualified. Any person so appointed shall hold office the same as an elected person and shall exercise all powers of the elected office.
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.
D. The failure of a member of a
local governing bo
dy or
town council,
elected school board
,
or
a
mayor to take the oath of office required by §
49-1
before attending the first meeting of the governing body or school board held after his election shall not be deemed to create a vacancy in his office provided that he takes the oath within 30 days after that first meeting.
§
24.2-228
.
2
.
Election to fill vacancy in county or city governing body.
A. Notwithstanding any provision of a charter to the contrary, a vacancy in any
county or city governing body
, 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. Within
one
day of the occurrence of the vacancy, the governing body
of the locality
in which the vacancy occurs shall 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
in accordance
§
24.2-682
.
The
court shall order the election to be held not more than
45
days after the issuance of the writ. However, if the election would fall within
55
days before a general election
and cannot be held at an earlier date
, the
court
shall order the election to be held on the general election day; and, if the election would fall within
55
days before a primary election
and cannot be held at an earlier date
, the
court
shall order the election to be held not fewer than
30
days and not more than
45
days after the primary. If the vacancy occurs prior to a general election and there is insufficient time to order the election to be held at the general election, the
court
shall order the election to be held not fewer than
30
days and not more than
45 days
after the general election.
B. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body
shall
immediately petition the circuit court to issue a writ of election, and the court
shall
promptly
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.
§
24.2-507
. Deadlines for filing declarations and petitions of candidacy.
For any office, declarations of candidacy and the petitions therefor shall be filed according to the following schedule:
1. For a general election in November, by 7:00 p.m. on the third Tuesday in June;
2. For a general election in May, by 7:00 p.m. on the first Tuesday in March;
3. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is being held at the second November election after the vacancy occurred, by 7:00 p.m. on the third Tuesday in June before that November election;
4. For a special election held at the same time as a May general election, by 7:00 p.m. on the first Tuesday in March;
or
5. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order
.
;
6
.
Notwithstanding the
provision
s of
subdivisions 3, 4, and 5, for a special election held pursuant to §
24.2-228.2
, within 10 days of the issuance of the writ of election or order
calling the special election.
§
24.2-510
. Deadlines for parties to nominate by methods other than primary.
For any office, nominations by political parties by methods other than a primary shall be made and completed in the manner prescribed by law according to the following schedule:
1. For a general election in November, by 7:00 p.m. on the third Tuesday in June;
2. For a general election in May, by 7:00 p.m. on the first Tuesday in March;
3. For a special election held at the same time as a November general election, either (i) at least 81 days before the election or (ii) if the special election is held at the second November election after the vacancy occurred, by 7:00 p.m. on the third Tuesday in June before that November election;
4. For a special election held at the same time as a May general election, by 7:00 p.m. on the first Tuesday in March; or
5. For a special election held at a time other than a general election, (i) at least 60 days before the election or (ii) within five days of any writ of election or order calling a special election to be held less than 60 days after the issuance of the writ or order.
6. Notwithstanding
the provisions of subdivisions 3, 4, and 5, for a special election held pursuant to §
24.2-228.2
, within 10 days of
the issuance of the writ of election or order calling the special election.
In the case of all general elections a party shall nominate its candidate for any office by a nonprimary method only within the 47 days immediately preceding the primary date established for nominating candidates for the office in question. This limitation shall have no effect, however, on nominations for special elections or pursuant to §
24.2-539
.