24.2-228.1 - Election to fill vacancy in constitutional office.
§ 24.2-228.1. Election to fill vacancy in constitutional office.
A. Notwithstanding any provision of a charter to the contrary, a vacancy inany elected constitutional office, whether occurring when for any reason anofficer-elect does not take office or occurring after an officer begins histerm, shall be filled by special election. The governing body of the countyor city in which the vacancy occurs shall, within 15 days of the occurrenceof the vacancy, petition the circuit court to issue a writ of election tofill the vacancy as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6of this title. Either upon receipt of the petition or on its own motion, thecourt shall promptly issue the writ ordering the election for a datedetermined pursuant to § 24.2-682. Upon receipt of written notification by anofficer or officer-elect of his resignation as of a stated date, thegoverning body may immediately petition the circuit court to issue a writ ofelection, 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 thedate stated by him for his resignation or after the thirtieth day before thedate set for the special election. Notwithstanding the foregoing provisions,a vacancy in any elected constitutional office in any county or city with apopulation of 15,000 or less, or shared by two or more units of governmentwith a combined population of 15,000 or less, shall be held at a specialelection ordered by the court to be held at the next ensuing general electionto be held in November. If the vacancy occurs within 120 days prior to thatelection, however, the writ shall order the election to be held at the secondensuing such general election.
B. The highest ranking deputy officer, or, in the case of the office ofattorney for the Commonwealth, the highest ranking full-time assistantattorney for the Commonwealth, if there is such a deputy or assistant in theoffice, shall be vested with the powers and shall perform all of the dutiesof the office, and shall be entitled to all the privileges and protectionsafforded by law to elected or appointed constitutional officers, until thequalified voters fill the vacancy by election and the person so elected hasqualified and taken the oath of office. In the event that (i) there is nodeputy officer or full-time assistant attorney for the Commonwealth in theoffice or (ii) the highest-ranking deputy officer or assistant attorney forthe Commonwealth declines to serve, the court shall make an interimappointment to fill the vacancy pursuant to § 24.2-227 until the qualifiedvoters fill the vacancy by election and the person so elected has qualifiedand taken the oath of office.
C. Notwithstanding any provision of law to the contrary, no election to filla vacancy shall be ordered or held if the general election at which it is tobe called is scheduled within 60 days of the end of the term of the office tobe filled.
D. The absence from the county or city of a constitutional officer by reasonof his service in the Armed Forces of the United States shall not be deemedto create a vacancy in the office without a written notification by theofficer of his resignation from the office. Notwithstanding any otherprovision of law, including § 19.2-156, the power to relieve a constitutionalofficer of the duties or powers of his office or position during the periodof such absence shall remain the sole prerogative of the constitutionalofficer unless expressly waived by him in writing.
(2000, cc. 787, 1070; 2003, c. 1015; 2006, cc. 120, 253; 2009, c. 157.)