2006 Code of Virginia § 24.2-226 - Election to fill vacancy

24.2-226. Election to fill vacancy.

A. A vacancy in any elected local office, whether occurring when for anyreason an officer-elect does not take office or occurring after an officerbegins his term, shall be filled by special election except as provided forcertain 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 governingbody or, in the case of an elected school board, the school board of thecounty, city, or town in which the vacancy occurs shall, within 15 days ofthe occurrence of the vacancy, petition the circuit court to issue a writ ofelection 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, thecourt shall issue the writ ordering the election for the next ensuing generalelection to be held in November in the case of county, city, or town officersregularly elected in November, or in May in the case of other city and townofficers. If the vacancy occurs within 120 days prior to that election,however, the writ shall order the election to be held at the second ensuingsuch general election. Upon receipt of written notification by an officer orofficer-elect of his resignation as of a stated date, the governing body orschool board, as the case may be, may immediately petition the circuit courtto issue a writ of election, and the court may immediately issue the writ tocall the election. The officer's or officer-elect's resignation shall not berevocable after the date stated by him for his resignation or after thethirtieth day before the date set for the special election. The person soelected shall hold the office for the remaining portion of the regular termof the office for which the vacancy is being filled.

B. Notwithstanding any provision of law or charter to the contrary, noelection to fill a vacancy shall be ordered or held if the general electionat which it is to be called is scheduled within 60 days of the end of theterm of the office to be filled.

C. Notwithstanding any provision of law or charter to the contrary, when aninterim appointment to a vacancy in any governing body or elected schoolboard has been made by the remaining members thereof, no election to fill thevacancy shall be ordered or held if the general election at which it is to becalled is scheduled in the year in which the term expires.

(Code 1950, 24-145, 24-147.1; 1958, c. 621; 1970, c. 462, 24.1-76,24.1-79; 1975, c. 515; 1976, c. 616; 1977, c. 490; 1984, c. 480; 1993, c.641; 1996, c. 873; 2000, cc. 787, 1045, 1070; 2003, c. 1015.)