{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-228.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-228.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-228.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-228.1.html"}],"law_id":57716,"edition_id":1,"section_id":57716,"structure_id":15068,"section_number":"24.2-228.1","catch_line":"Election to fill vacancy in constitutional office","history":"2000, cc. 787, 1070; 2003, c. 1015; 2006, cc. 120, 253; 2009, c. 157; 2011, c. 599; 2015, c. 648; 2016, cc. 453, 511.","full_text":"A\n\nNotwithstanding any provision of a charter to the contrary, a vacancy in any elected constitutional 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 by special election, except as provided in subsection B. Within 15 days of the occurrence of the vacancy, the governing body of the county or city in which the vacancy occurs shall 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 promptly issue the writ ordering the election for a date determined pursuant to § 24.2-682. However, the governing body may request in its petition that the special election be held on the date of the next general election in November, and the court may order the special election to be held on that date.B\n\nIf a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered. Upon receipt of such petition, the court shall grant such request. The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, for the remainder of the unexpired term.C\n\nUpon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body 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 thirtieth day before the date set for the special election.D\n\nNotwithstanding the provisions of subsection A, a vacancy in any elected constitutional office in any county or city with a population of 15,000 or less, or shared by two or more units of government with a combined population of 15,000 or less, shall be filled by a special election ordered by the court to be held at the next ensuing general election to be held in November. If the vacancy occurs within 90 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election.E\n\nNotwithstanding any provision of law 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.F\n\nNotwithstanding any provision of a charter to the contrary, the highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, if there is such a deputy or assistant in the office, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. In the event that (i) there is no deputy officer or full-time assistant attorney for the Commonwealth in the office or (ii) the highest-ranking deputy officer or assistant attorney for the Commonwealth declines to serve, the court shall make an interim appointment to fill the vacancy pursuant to § 24.2-227 until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office.G\n\nThe absence from the county or city of a constitutional officer by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law, including § 19.2-156, the power to relieve a constitutional officer of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer unless expressly waived by him in writing.","order_by":null,"text":{"0":{"id":211384,"text":"Notwithstanding any provision of a charter to the contrary, a vacancy in any elected constitutional 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 by special election, except as provided in subsection B. Within 15 days of the occurrence of the vacancy, the governing body of the county or city in which the vacancy occurs shall 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 promptly issue the writ ordering the election for a date determined pursuant to § 24.2-682. However, the governing body may request in its petition that the special election be held on the date of the next general election in November, and the court may order the special election to be held on that date.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211385,"text":"If a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered. Upon receipt of such petition, the court shall grant such request. The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, for the remainder of the unexpired term.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211386,"text":"Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body 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 thirtieth day before the date set for the special election.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211387,"text":"Notwithstanding the provisions of subsection A, a vacancy in any elected constitutional office in any county or city with a population of 15,000 or less, or shared by two or more units of government with a combined population of 15,000 or less, shall be filled by a special election ordered by the court to be held at the next ensuing general election to be held in November. If the vacancy occurs within 90 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211388,"text":"Notwithstanding any provision of law 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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211389,"text":"Notwithstanding any provision of a charter to the contrary, the highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, if there is such a deputy or assistant in the office, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges and protections afforded by law to elected or appointed constitutional officers, until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. In the event that (i) there is no deputy officer or full-time assistant attorney for the Commonwealth in the office or (ii) the highest-ranking deputy officer or assistant attorney for the Commonwealth declines to serve, the court shall make an interim appointment to fill the vacancy pursuant to § 24.2-227 until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":211390,"text":"The absence from the county or city of a constitutional officer by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law, including § 19.2-156, the power to relieve a constitutional officer of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer unless expressly waived by him in writing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-228.1\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 787<\/a> and 1070<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 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 2003, chapter 1015<\/a>; in 2006, chapters 120<\/a> and 253<\/a>; in 2009, chapter 157<\/a>; in 2011, chapter 599<\/a>; in 2015, chapter 648<\/a>; in 2016, chapters 453<\/a> and 511<\/a>.<\/p>","references":[{"id":60735,"section_number":"24.2-226","catch_line":"Election to fill vacancy","order_by":null,"url":"\/24.2-226\/"}],"refers_to":[{"id":63858,"section_number":"19.2-156","catch_line":"Prolonged absence of attorney for Commonwealth","order_by":null,"url":"\/19.2-156\/"},{"id":57450,"section_number":"24.2-227","catch_line":"Interim appointment by court until vacancy filled by election for certain offices","order_by":null,"url":"\/24.2-227\/"},{"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":187579,"object_type":"law","relational_id":57716,"identifier":"24.2-228.1","token":"24.2\/2\/6\/24.2-228.1","url":"\/24.2-228.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-228.1\/","token":"24.2\/2\/6\/24.2-228.1","dublin_core":{"Title":"Election to fill vacancy in constitutional office","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-228.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of a charter to the contrary, a vacancy in any elected constitutional office<\/span>, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled by special election<\/span>, except as provided in subsection B. Within 15 days of the occurrence of the vacancy, the governing body of the county or city in which the vacancy occurs shall 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 promptly issue<\/span> the writ<\/span> ordering the election for a date determined pursuant to § 24.2-682<\/a>. However, the governing body may request in its petition<\/span> that the special election<\/span> be held on the date of the next general election<\/span> in November, and the court<\/span> may order<\/span> the special election<\/span> to be held on that date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a vacancy in any elected constitutional office<\/span> occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition<\/span> the circuit<\/span> court<\/span> to request that no special election<\/span> be ordered. Upon receipt of such petition<\/span>, the court<\/span> shall grant such request. The highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges<\/span> and protections afforded by law<\/span> to elected or appointed constitutional officers<\/span>, for the remainder of the unexpired term. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body 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 thirtieth day before the date set for the special election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection A, a vacancy in any elected constitutional office<\/span> in any county or city with a population of 15,000 or less, or shared by two or more units of government with a combined population of 15,000 or less, shall be filled by a special election<\/span> ordered by the court<\/span> to be held at the next ensuing general election<\/span> to be held in November. If the vacancy occurs within 90 days prior to that election, however, the writ<\/span> shall order<\/span> the election to be held at the second ensuing such general election<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any provision of law<\/span> 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

F.<\/span> Notwithstanding any provision of a charter to the contrary, the highest ranking deputy officer, or in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, if there is such a deputy or assistant in the office, who is qualified to vote for and hold that office, shall be vested with the powers and shall perform all of the duties of the office, and shall be entitled to all the privileges<\/span> and protections afforded by law<\/span> to elected or appointed constitutional officers<\/span>, until the qualified voters<\/span> fill the vacancy by election and the person so elected has qualified and taken the oath<\/span> of office. In the event that (i) there is no deputy officer or full-time assistant attorney for the Commonwealth in the office or (ii) the highest-ranking deputy officer or assistant attorney for the Commonwealth declines to serve, the court<\/span> shall make an interim appointment to fill the vacancy pursuant to § 24.2-227<\/a> until the qualified voters<\/span> fill the vacancy by election and the person so elected has qualified and taken the oath<\/span> of office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The absence from the county or city of a constitutional officer<\/span> by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law<\/span>, including § 19.2-156<\/a>, the power to relieve a constitutional officer<\/span> of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer<\/span> unless expressly waived by him in writing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELECTION TO FILL VACANCY IN CONSTITUTIONAL OFFICE (\u00a7 24.2-228.1)\n\nA. Notwithstanding any provision of a charter to the contrary, a vacancy in any\nelected constitutional office, whether occurring when for any reason an\nofficer-elect does not take office or occurring after an officer begins his\nterm, shall be filled by special election, except as provided in subsection B.\nWithin 15 days of the occurrence of the vacancy, the governing body of the\ncounty or city in which the vacancy occurs shall 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 promptly issue the writ ordering the election for a\ndate determined pursuant to § 24.2-682. However, the governing body may\nrequest in its petition that the special election be held on the date of the\nnext general election in November, and the court may order the special election\nto be held on that date.\n\nB. If a vacancy in any elected constitutional office occurs within the 12 months\nimmediately preceding the end of the term of that office, the governing body may\npetition the circuit court to request that no special election be ordered. Upon\nreceipt of such petition, the court shall grant such request. The highest\nranking deputy officer, or in the case of the office of attorney for the\nCommonwealth, the highest ranking full-time assistant attorney for the\nCommonwealth, who is qualified to vote for and hold that office, shall be vested\nwith the powers and shall perform all of the duties of the office, and shall be\nentitled to all the privileges and protections afforded by law to elected or\nappointed constitutional officers, for the remainder of the unexpired term.\n\nC. Upon receipt of written notification by an officer or officer-elect of his\nresignation as of a stated date, the governing body may immediately petition the\ncircuit court to issue a writ of election, and the court may immediately issue\nthe writ to call the election. The officer’s or officer-elect’s\nresignation shall not be revocable after the date stated by him for his\nresignation or after the thirtieth day before the date set for the special\nelection.\n\nD. Notwithstanding the provisions of subsection A, a vacancy in any elected\nconstitutional office in any county or city with a population of 15,000 or less,\nor shared by two or more units of government with a combined population of\n15,000 or less, shall be filled by a special election ordered by the court to be\nheld at the next ensuing general election to be held in November. If the vacancy\noccurs within 90 days prior to that election, however, the writ shall order the\nelection to be held at the second ensuing such general election.\n\nE. Notwithstanding any provision of law to the contrary, no election to fill a\nvacancy shall be ordered or held if the general election at which it is to be\ncalled is scheduled within 60 days of the end of the term of the office to be\nfilled.\n\nF. Notwithstanding any provision of a charter to the contrary, the highest\nranking deputy officer, or in the case of the office of attorney for the\nCommonwealth, the highest ranking full-time assistant attorney for the\nCommonwealth, if there is such a deputy or assistant in the office, who is\nqualified to vote for and hold that office, shall be vested with the powers and\nshall perform all of the duties of the office, and shall be entitled to all the\nprivileges and protections afforded by law to elected or appointed\nconstitutional officers, until the qualified voters fill the vacancy by election\nand the person so elected has qualified and taken the oath of office. In the\nevent that (i) there is no deputy officer or full-time assistant attorney for\nthe Commonwealth in the office or (ii) the highest-ranking deputy officer or\nassistant attorney for the Commonwealth declines to serve, the court shall make\nan interim appointment to fill the vacancy pursuant to § 24.2-227 until the\nqualified voters fill the vacancy by election and the person so elected has\nqualified and taken the oath of office.\n\nG. The absence from the county or city of a constitutional officer by reason of\nhis service in the Armed Forces of the United States shall not be deemed to\ncreate a vacancy in the office without a written notification by the officer of\nhis resignation from the office. Notwithstanding any other provision of law,\nincluding § 19.2-156, the power to relieve a constitutional officer of the\nduties or powers of his office or position during the period of such absence\nshall remain the sole prerogative of the constitutional officer unless expressly\nwaived by him in writing.\n\nHISTORY: 2000, cc. 787, 1070; 2003, c. 1015; 2006, cc. 120, 253; 2009, c. 157;\n2011, c. 599; 2015, c. 648; 2016, cc. 453, 511.","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}}