2006 Code of Virginia § 24.2-219 - Alternative for biennial county supervisor elections and staggered terms

24.2-219. Alternative for biennial county supervisor elections andstaggered terms.

A. The governing body of any county may by ordinance provide that the countyboard of supervisors be elected biennially for staggered four-year terms.

In lieu of an ordinance by the board of supervisors, the registered voters ofthe county may file a petition with the circuit court of the countyrequesting that a referendum be held on the question of whether the countyboard of supervisors should be elected biennially for staggered four-yearterms. The petition shall be signed by registered voters equal in number toat least ten percent of the number registered in the county on the January 1preceding its filing.

The court pursuant to 24.2-682 and 24.2-684 shall order the electionofficials on a day fixed in the order to conduct a referendum on thequestion. The clerk of the court shall publish notice of the referendum in anewspaper having general circulation in the county once a week for fourconsecutive weeks and shall post a copy of the notice at the door of thecourthouse of the county. The question on the ballot shall be:

"Shall the members of the county board of supervisors be elected bienniallyfor staggered four-year terms?

_ Yes

_ No"

The referendum shall be held and the results certified as provided in 24.2-684.

B. If a majority of the voters voting in the referendum voted for biennialelection of the members of the board of supervisors for staggered four-yearterms, or if the governing body has so provided by ordinance, then the termsof supervisors elected at the next general election for supervisors shall beas follows:

1. If the number of supervisors elected in the county is an even number, halfof the successful candidates shall be elected for terms of four years andhalf of the successful candidates shall be elected for terms of two years; or

2. If the number of supervisors in the county is an odd number, the smallestnumber of candidates which creates a majority of the elected supervisorsshall be elected for terms of four years and all other successful candidatesshall be elected for terms of two years.

The electoral board of the county shall assign the individual terms ofmembers by lot at its meeting on the day following the election andimmediately upon certification of the results. However, the electoral boardmay assign individual terms of members by election district in a drawing at ameeting held prior to the last day for a person to qualify as a candidate, ifthe governing body of the county so directs by ordinance or resolutionadopted at least thirty days prior to the last day for qualification andmembers are elected by district. In all elections thereafter all successfulcandidates shall be elected for terms of four years.

In any county where the chairman of the board is elected from the county atlarge pursuant to 15.2-503 or 15.2-802, the provisions of this sectionshall not affect that office. The chairman of the board shall be elected fora term of four years in 1995 and every four years thereafter.

C. If the representation on the board of supervisors among the electiondistricts is reapportioned, or the number of districts is diminished or theboundaries of the districts are changed, elections shall be held in each newdistrict at the general election next preceding the expiration of the term ofthe office of the member of the board representing the predecessor districtof each new district. If the number of districts is increased, the electoralboard shall assign a two-year or four-year term for each new district so asto maintain as equal as practicable the number of members to be elected ateach biennial election.

(Code 1950, 24-157; 1968, c. 639; 1970, c. 462, 24.1-88; 1971, Ex. Sess.,c. 265; 1973, c. 30; 1976, c. 616; 1981, c. 12; 1982, c. 650; 1993, c. 641.)