County and city vacancies would go to special elections

Local officials would petition a court to call a special election for a vacant county or city governing body seat. It covers county and city governing body seats, including when an elected person does not take office. The process applies despite conflicting local charter rules. Officials must petition within one day of the vacancy. The court generally must set the election within 45 days after issuing the writ, with different dates required near a general or primary election.

Candidates would file, and political parties would nominate, within 10 days after the election writ or order. This applies to candidates and political parties in special elections under § 24.2-228.2. The 10-day period begins when the writ or order calling the special election is issued.

A city or town council may appoint an interim replacement for an elected mayor, following a public meeting and disclosure of proposed appointees’ materials. This applies when a mayor elected by voters leaves office before the term ends. If the council cannot agree or does not act, circuit court judges may make the appointment. The appointee serves until voters elect and qualify a replacement. The council must act within 45 days of the vacancy and hold the public meeting at least seven days before the appointment.