{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-226.html"}],"law_id":60735,"edition_id":1,"section_id":60735,"structure_id":15068,"section_number":"24.2-226","catch_line":"Election to fill vacancy","history":"Code 1950, \u00a7\u00a7 24-145, 24-147.1; 1958, c. 621; 1970, c. 462, \u00a7\u00a7 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; 2011, c. 206; 2014, c. 476.","full_text":"A\n\nA vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled as provided by § 24.2-228 or for constitutional officers as provided in § 24.2-228.1, or unless provided otherwise by statute or charter requiring special elections within the time limits provided in this title. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which the 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 as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election promptly and shall order the special election to be held on the date of the next general election in November or in May if the vacant office is regularly scheduled by law to be filled in May. However, if the governing body or the school board requests in its petition a different date for the election, the court shall order the special election be held on that date, so long as the date requested precedes the date of such next general election and complies with the provisions of § 24.2-682. If the vacancy occurs within 90 days of the next such general election and the governing body or the school board has not requested in its petition a different date for the election, the special election shall be held on the date of the second such general election. Upon receipt of written notification by an officer or officer-elect of 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 a writ of election, 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 the date stated by him for his resignation or after the forty-fifth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.B\n\nNotwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled.C\n\nNotwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires.","order_by":null,"text":{"0":{"id":222053,"text":"A vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled as provided by § 24.2-228 or for constitutional officers as provided in § 24.2-228.1, or unless provided otherwise by statute or charter requiring special elections within the time limits provided in this title. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which the 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 as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election promptly and shall order the special election to be held on the date of the next general election in November or in May if the vacant office is regularly scheduled by law to be filled in May. However, if the governing body or the school board requests in its petition a different date for the election, the court shall order the special election be held on that date, so long as the date requested precedes the date of such next general election and complies with the provisions of § 24.2-682. If the vacancy occurs within 90 days of the next such general election and the governing body or the school board has not requested in its petition a different date for the election, the special election shall be held on the date of the second such general election. Upon receipt of written notification by an officer or officer-elect of 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 a writ of election, 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 the date stated by him for his resignation or after the forty-fifth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222054,"text":"Notwithstanding any provision of law or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222055,"text":"Notwithstanding any provision of law or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election at which it is to be called is scheduled in the year in which the term expires.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15068,"edition_id":1,"name":"Vacancies in Elected Constitutional and Local Offices","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":14248,"metadata":{},"date_created":"2026-06-26 03:51:57","date_modified":"2026-06-26 03:51:57","permalink":{"id":187561,"object_type":"structure","relational_id":15068,"identifier":"6","token":"24.2\/2\/6","url":"\/24.2\/2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14248,"edition_id":1,"name":"Federal, Commonwealth, and Local Officers","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 03:47:26","permalink":{"id":187457,"object_type":"structure","relational_id":14248,"identifier":"2","token":"24.2\/2","url":"\/24.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86636,"structure_id":15068,"section_number":"24.2-225","catch_line":"Applicability","url":"\/24.2-225\/","token":"24.2\/2\/6\/24.2-225","metadata":false},{"id":60735,"structure_id":15068,"section_number":"24.2-226","catch_line":"Election to fill vacancy","url":"\/24.2-226\/","token":"24.2\/2\/6\/24.2-226","metadata":false},{"id":57450,"structure_id":15068,"section_number":"24.2-227","catch_line":"Interim appointment by court until vacancy filled by election for certain offices","url":"\/24.2-227\/","token":"24.2\/2\/6\/24.2-227","metadata":false},{"id":73512,"structure_id":15068,"section_number":"24.2-228","catch_line":"Interim appointment to local governing body or elected school board; elected mayor","url":"\/24.2-228\/","token":"24.2\/2\/6\/24.2-228","metadata":false},{"id":57716,"structure_id":15068,"section_number":"24.2-228.1","catch_line":"Election to fill vacancy in constitutional office","url":"\/24.2-228.1\/","token":"24.2\/2\/6\/24.2-228.1","metadata":false},{"id":74202,"structure_id":15068,"section_number":"24.2-229","catch_line":"Appointees to qualify and give bond in thirty days","url":"\/24.2-229\/","token":"24.2\/2\/6\/24.2-229","metadata":false},{"id":75585,"structure_id":15068,"section_number":"24.2-229.1","catch_line":"Legitimacy of votes by appointees","url":"\/24.2-229.1\/","token":"24.2\/2\/6\/24.2-229.1","metadata":false}],"previous_section":{"id":86636,"structure_id":15068,"section_number":"24.2-225","catch_line":"Applicability","url":"\/24.2-225\/","token":"24.2\/2\/6\/24.2-225","metadata":false},"next_section":{"id":57450,"structure_id":15068,"section_number":"24.2-227","catch_line":"Interim appointment by court until vacancy filled by election for certain offices","url":"\/24.2-227\/","token":"24.2\/2\/6\/24.2-227","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-226\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 621; in 1970, chapter 462; in 1975, chapter 515; in 1976, chapter 616; in 1977, chapter 490; in 1984, chapter 480; in 1993, chapter 641; in 1996, chapter 873<\/a>; in 2000, chapters 787<\/a>, 1045<\/a>, and 1070<\/a>; in 2003, chapter 1015<\/a>; in 2010, chapters 431<\/a>, 449<\/a>, and 645<\/a>; in 2011, chapter 206<\/a>; in 2014, chapter 476<\/a>.<\/p>","references":[{"id":65970,"section_number":"15.2-1600","catch_line":"Counties and cities required to elect certain officers; qualifications of attorney for the Commonwealth; duties and compensation of officers; vacancies, certain counties and cities excepted; officer's powers not to be diminished","order_by":null,"url":"\/15.2-1600\/"},{"id":59152,"section_number":"15.2-502","catch_line":"Powers vested in board of county supervisors; election and terms of members; vacancies","order_by":null,"url":"\/15.2-502\/"},{"id":54602,"section_number":"15.2-627","catch_line":"Department of education","order_by":null,"url":"\/15.2-627\/"},{"id":80202,"section_number":"15.2-705","catch_line":"Election of members of board; filling vacancies","order_by":null,"url":"\/15.2-705\/"},{"id":84083,"section_number":"22.1-57.3","catch_line":"Election of school board members; election of tie breaker","order_by":null,"url":"\/22.1-57.3\/"},{"id":79701,"section_number":"24.2-812","catch_line":"Proceedings when court decides no valid election has been held","order_by":null,"url":"\/24.2-812\/"}],"refers_to":[{"id":73512,"section_number":"24.2-228","catch_line":"Interim appointment to local governing body or elected school board; elected mayor","order_by":null,"url":"\/24.2-228\/"},{"id":57716,"section_number":"24.2-228.1","catch_line":"Election to fill vacancy in constitutional office","order_by":null,"url":"\/24.2-228.1\/"},{"id":58078,"section_number":"24.2-681","catch_line":"How special elections superintended and determined","order_by":null,"url":"\/24.2-681\/"},{"id":77612,"section_number":"24.2-682","catch_line":"Times for special elections","order_by":null,"url":"\/24.2-682\/"}],"permalink":{"id":187567,"object_type":"law","relational_id":60735,"identifier":"24.2-226","token":"24.2\/2\/6\/24.2-226","url":"\/24.2-226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-226\/","token":"24.2\/2\/6\/24.2-226","dublin_core":{"Title":"Election to fill vacancy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled as provided by § 24.2-228<\/a> or for constitutional officers<\/span> as provided in § 24.2-228.1<\/a>, or unless provided otherwise by statute<\/span> or charter requiring special elections<\/span> within the time limits provided in this title. The governing body or, in the case of an elected school board<\/span>, the school board<\/span> of the county, city, or town in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition<\/span> the circuit<\/span> court<\/span> to issue<\/span> a writ<\/span> of election to fill the vacancy as set forth in Article 5 (§ 24.2-681<\/a> et seq.) of Chapter 6. Either upon receipt of the petition<\/span> or on its own motion<\/span>, the court<\/span> shall issue<\/span> the writ<\/span> ordering the election promptly and shall order<\/span> the special election<\/span> to be held on the date of the next general election<\/span> in November or in May if the vacant office is regularly scheduled by law<\/span> to be filled in May. However, if the governing body or the school board<\/span> requests in its petition<\/span> a different date for the election, the court<\/span> shall order<\/span> the special election<\/span> be held on that date, so long as the date requested precedes the date of such next general election<\/span> and complies with the provisions of § 24.2-682<\/a>. If the vacancy occurs within 90 days of the next such general election<\/span> and the governing body or the school board<\/span> has not requested in its petition<\/span> a different date for the election, the special election<\/span> shall be held on the date of the second such general election<\/span>. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body or school board<\/span>, as the case may be, may immediately petition<\/span> the circuit<\/span> court<\/span> to issue<\/span> a writ<\/span> of election, and the court<\/span> may immediately issue<\/span> the writ<\/span> to call the election. The officer’s or officer-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election<\/span>. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any provision of law<\/span> or charter to the contrary, no election to fill a vacancy shall be ordered or held if the general election<\/span> at which it is to be called is scheduled within 60 days of the end of the term of the office to be filled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any provision of law<\/span> or charter to the contrary, when an interim appointment to a vacancy in any governing body or elected school board<\/span> has been made by the remaining members thereof, no election to fill the vacancy shall be ordered or held if the general election<\/span> at which it is to be called is scheduled in the year in which the term expires. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELECTION TO FILL VACANCY (\u00a7 24.2-226)\n\nA. A vacancy in any elected local office, whether occurring when for any reason\nan officer-elect does not take office or occurring after an officer begins his\nterm, shall be filled as provided by § 24.2-228 or for constitutional\nofficers as provided in § 24.2-228.1, or unless provided otherwise by\nstatute or charter requiring special elections within the time limits provided\nin this title. The governing body or, in the case of an elected school board,\nthe school board of the county, city, or town in which the vacancy occurs shall,\nwithin 15 days of the occurrence of the vacancy, petition the circuit court to\nissue a writ of election to fill the vacancy as set forth in Article 5 (§\n24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its\nown motion, the court shall issue the writ ordering the election promptly and\nshall order the special election to be held on the date of the next general\nelection in November or in May if the vacant office is regularly scheduled by\nlaw to be filled in May. However, if the governing body or the school board\nrequests in its petition a different date for the election, the court shall\norder the special election be held on that date, so long as the date requested\nprecedes the date of such next general election and complies with the provisions\nof § 24.2-682. If the vacancy occurs within 90 days of the next such\ngeneral election and the governing body or the school board has not requested in\nits petition a different date for the election, the special election shall be\nheld on the date of the second such general election. Upon receipt of written\nnotification by an officer or officer-elect of his resignation as of a stated\ndate, the governing body or school board, as the case may be, may immediately\npetition the circuit court to issue a writ of election, and the court may\nimmediately issue the writ to call the election. The officer’s or\nofficer-elect’s resignation shall not be revocable after the date stated\nby him for his resignation or after the forty-fifth day before the date set for\nthe special election. The person so elected shall hold the office for the\nremaining portion of the regular term of the office for which the vacancy is\nbeing filled.\n\nB. Notwithstanding any provision of law or charter to the contrary, no election\nto fill a vacancy shall be ordered or held if the general election at which it\nis to be called is scheduled within 60 days of the end of the term of the office\nto be filled.\n\nC. Notwithstanding any provision of law or charter to the contrary, when an\ninterim appointment to a vacancy in any governing body or elected school board\nhas been made by the remaining members thereof, no election to fill the vacancy\nshall be ordered or held if the general election at which it is to be called is\nscheduled in the year in which the term expires.\n\nHISTORY: Code 1950, \u00a7\u00a7 24-145, 24-147.1; 1958, c. 621; 1970, c. 462, \u00a7\u00a7\n24.1-76, 24.1-79; 1975, c. 515; 1976, c. 616; 1977, c. 490; 1984, c. 480; 1993,\nc. 641; 1996, c. 873; 2000, cc. 787, 1045, 1070; 2003, c. 1015; 2010, cc. 431,\n449, 645; 2011, c. 206; 2014, c. 476.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}