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 as provided by § 24.2-228 or forconstitutional officers as provided in § 24.2-228.1, or unless providedotherwise by statute or charter requiring special elections within the timelimits provided in this title. The governing body or, in the case of anelected school board, the school board of the county, city, or town in whichthe vacancy occurs shall, within 15 days of the occurrence of the vacancy,petition the circuit court to issue a writ of election to fill the vacancy asset forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receiptof the petition or on its own motion, the court shall issue the writ orderingthe election promptly, which shall be no later than the next general electionunless the vacancy occurs within 90 days of the next general election inwhich event it shall be held promptly but no later than the second generalelection. Upon receipt of written notification by an officer or officer-electof his resignation as of a stated date, the governing body or school board,as the case may be, may immediately petition the circuit court to issue awrit of election, and the court may immediately issue the writ to call theelection. The officer's or officer-elect's resignation shall not be revocableafter the date stated by him for his resignation or after the forty-fifth daybefore the date set for the special election. The person so elected shallhold the office for the remaining portion of the regular term of the officefor 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; 2010, cc. 431,449, 645.)