2006 Code of Virginia § 24.2-222.1 - Alternative election of mayor and council at November general election in cities and town...

24.2-222.1. Alternative election of mayor and council at November generalelection in cities and towns.

A. Notwithstanding the provisions of 24.2-222, the council of a city ortown may provide by ordinance that the mayor, if an elected mayor is providedfor by charter, and council shall be elected at the November general electiondate of any cycle as designated in the ordinance, for terms to commenceJanuary 1. No such ordinance shall be adopted between January 1 and the Maygeneral election date of the year in which city or town elections regularlyare scheduled to be held therein.

B. Alternatively, the registered voters of a city or town may file a petitionwith the circuit court of the city or of the county within which the town islocated asking that a referendum be held on the question of whether the cityor town should elect the mayor, if an elected mayor is provided for bycharter, and council members at the November general election date of anycycle as designated in the petition. The petition shall be signed byregistered voters equal in number to at least ten percent of the numberregistered in the city or town on the January 1 preceding the filing.

The court, pursuant to 24.2-684, shall order the election officials on aday fixed in the order to conduct a referendum on the question, provided thatno such referendum shall be scheduled between January 1 and the May generalelection date of the year in which city or town elections regularly arescheduled to be held therein. The clerk of the court shall publish notice ofthe referendum once a week for the three consecutive weeks prior to thereferendum in a newspaper having general circulation in the city or town, andshall post a copy of the notice at the door of the courthouse of the city orcounty within which the town is located. The question on the ballot shall be:

"Shall the (city or town) change the election date of the mayor (if soprovided by charter) and members of council from the May general election tothe November general election (in even-numbered or odd-numbered years or asotherwise designated in the petition)?"

If members of the school board in the city or town are elected by the voters,the ballot question also shall state that the change in election date appliesto the election of school board members.

The referendum shall be held and the results certified as provided in 24.2-684. If a majority of the voters voting in the referendum vote in favorof the change, the mayor and council thereafter shall be elected at theNovember general election date for terms to commence January 1.

C. Except as provided in subsection D, no term of a mayor or member ofcouncil shall be shortened in implementing the change to the Novemberelection date. Mayors and members of council who were elected at a Maygeneral election and whose terms are to expire as of June 30 shall continuein office until their successors have been elected at the November generalelection and have been qualified to serve.

D. In any city or town that elects its council biennially or quadrenniallyand that changes to the November general election date in odd-numbered yearsfrom the May general election date in even-numbered years, mayors and membersof council who were elected at a May general election shall have their termof office shortened by six months but shall continue in office until theirsuccessors have been elected at the November general election and have beenqualified to serve.

(2000, c. 1045; 2002, c. 30.)