24.2-216 - Filling vacancies in the General Assembly. - Virginia Statutes

§ 24.2-216. Filling vacancies in the General Assembly.

When a vacancy occurs in the membership of the General Assembly during therecess of the General Assembly or when a member-elect to the next GeneralAssembly dies, resigns, or becomes legally incapacitated to hold office priorto its meeting, the Governor shall issue a writ of election to fill thevacancy. If the vacancy occurs during the session of the General Assembly,the Speaker of the House of Delegates or the President pro tempore of theSenate, as the case may be, shall issue the writ unless the respective houseby rule or resolution shall provide otherwise. Upon receipt of writtennotification by a member or member-elect of his resignation as of a stateddate, the Governor, Speaker, or President Pro Tempore, as the case may be,may immediately issue the writ to call the election. The member's ormember-elect's resignation shall not be revocable after the date stated byhim for his resignation or after the forty-fifth day before the date set forthe special election.

The writ shall be directed to the secretaries of the electoral boards of therespective counties and cities composing the district for which the electionis to be held.

Notwithstanding any provision of law to the contrary, no election to fill avacancy shall be ordered or held if the general or special election at whichit is to be called is scheduled within 75 days of the end of the term of theoffice to be filled.

(Code 1950, § 24-16; 1970, c. 462, § 24.1-16; 1983, c. 461; 1993, c. 641;2003, c. 1015; 2010, cc. 449, 645.)