15.2-502 - Powers vested in board of county supervisors; election and terms of members; vacancies.
§ 15.2-502. Powers vested in board of county supervisors; election and termsof members; vacancies.
A. The powers of the county as a body politic and corporate shall be vestedin a board of county supervisors (the board), to consist of not less thanthree nor more than nine members to be elected by the voters of the county atlarge, or solely by the voters of the respective magisterial or electiondistrict of which each member is a qualified voter. There shall be on theboard for each magisterial or election district one member, and no more, whoshall be a qualified voter of the district.
The supervisors first elected shall hold office until January 1 following thenext regular election provided by general law for the election ofsupervisors. At such election their successors shall be elected for terms offour years each.
B. When any vacancy occurs in the board, the vacancy shall be filled inaccordance with § 24.2-228, except that the board shall have the option inits petition to the court to request that the election to fill the vacancy beheld prior to the next or second ensuing general election, as the case maybe. In that event, such election shall be held within sixty days of theissuance of the writ, or, if such election would fall within the sixty daysprior to a general or primary election, on the general election day or withinsixty days following the primary election.
C. Notwithstanding the provisions of subsection B, the provisions of thissubsection shall apply to any county with the county executive form ofgovernment that is contiguous to a county with the urban county executiveform of government. Notwithstanding the provisions of §§ 24.2-226 and24.2-228, when any vacancy occurs in the membership of the board, the judgeof the circuit court of the county shall issue a writ for a special electionto fill the vacancy for the remainder of the unexpired term. The judge shallissue the writ within fifteen days of the occurrence of the vacancy. He shallorder the election to be held not fewer than forty-five days and not morethan sixty days after the issuance of the writ. However, if the electionwould fall within sixty days before a general election, the judge shall orderthe election to be held on the general election day; and, if the electionwould fall within sixty days before a primary election, the judge shall orderthe election to be held not fewer than thirty days and not more than sixtydays after the primary. If the vacancy occurs prior to a general election andthere is insufficient time to order the election to be held at the generalelection, the judge shall order the election to be held not fewer than 45days and not more than 60 after the general election. The local electoralboard shall determine and announce within three business days after the dateof the writ the candidate filing deadline for the special election. Theremaining members of the board shall not make a temporary appointment to fillthe vacancy. However, if the vacancy occurs within the 180 days before theexpiration of the term of office, there shall be no special election, and theremaining members of the board shall fill the vacancy by appointment pursuantto § 24.2-228 within thirty days of the occurrence of the vacancy and afterholding a public hearing on the appointment. The appointment shall be for theduration of the unexpired term.
(Code 1950, § 15-273; 1952, c. 346; 1962, c. 623, § 15.1-589; 1966, c. 463;1971, Ex. Sess., c. 65; 1982, c. 139; 1983, c. 350; 1997, c. 587; 1999, c.718; 2007, c. 268.)