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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70449</law_id><section_number>24.2-222.1</section_number><catch_line>Alternative election of mayor and council at November general election in cities and towns</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-1400</reference><reference>24.2-222</reference><reference>24.2-311</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="24.2">Elections</unit><unit label="chapter" level="2" order_by="1" identifier="2">Federal, Commonwealth, and Local Officers</unit><unit label="article" level="3" order_by="1" identifier="5">Constitutional and Local Officers</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Notwithstanding the provisions of &#xA7; <a class="law" title="Election and terms of mayor and council for cities and towns" href="/24.2-222/">24.2-222</a>, and notwithstanding any contrary provisions of a city or town charter, the council of a city or town may provide by <span class="dictionary">ordinance</span> that the mayor, if an elected mayor is provided for by charter, and council shall be elected at the November <span class="dictionary">general election</span> date of any cycle as designated in the <span class="dictionary">ordinance</span>, for terms to commence January 1. No such <span class="dictionary">ordinance</span> shall be adopted between January 1 and the May <span class="dictionary">general election</span> date of the year in which city or town <span class="dictionary">elections</span> regularly are scheduled to be held therein. <a id="paragraph-254216" class="section-permalink" href="https://vacode.org/24.2-222.1/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Alternatively, the <span class="dictionary">registered voters</span> of a city or town may file a <span class="dictionary">petition</span> with the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the city or of the county within which the town is located asking that a <span class="dictionary">referendum</span> be held on the question of whether the city or town should elect the mayor, if an elected mayor is provided for by charter, and council members at the November <span class="dictionary">general election</span> date of any cycle as designated in the <span class="dictionary">petition</span>. The <span class="dictionary">petition</span> shall be signed by <span class="dictionary">registered voters</span> equal in number to at least ten percent of the number registered in the city or town on the January 1 preceding the filing.
			The <span class="dictionary">court</span>, pursuant to &#xA7; <a class="law" title="How referendum elections called and held, and the results ascertained and certified" href="/24.2-684/">24.2-684</a>, shall <span class="dictionary">order</span> the election officials on a day fixed in the <span class="dictionary">order</span> to conduct a <span class="dictionary">referendum</span> on the question, provided that no such <span class="dictionary">referendum</span> shall be scheduled between January 1 and the May <span class="dictionary">general election</span> date of the year in which city or town <span class="dictionary">elections</span> regularly are scheduled to be held therein. The clerk of the <span class="dictionary">court</span> shall publish notice of the <span class="dictionary">referendum</span> once a week for the three consecutive weeks prior to the <span class="dictionary">referendum</span> in a newspaper having general circulation in the city or town, and shall post a copy of the notice at the door of the courthouse of the city or county within which the town is located. The question on the ballot shall be:
			&#x201C;Shall the (city or town) change the election date of the mayor (if so provided by charter) and members of council from the May <span class="dictionary">general election</span> to the November <span class="dictionary">general election</span> (in even-numbered or odd-numbered years or as otherwise designated in the <span class="dictionary">petition</span>)?&#x201D;
			If members of the school <span class="dictionary">board</span> in the city or town are elected by the voters, the ballot question also shall state that the change in election date applies to the election of school <span class="dictionary">board</span> members.
			The <span class="dictionary">referendum</span> shall be held and the results certified as provided in &#xA7; <a class="law" title="How referendum elections called and held, and the results ascertained and certified" href="/24.2-684/">24.2-684</a>. If a majority of the voters voting in the <span class="dictionary">referendum</span> vote in favor of the change, the mayor and council thereafter shall be elected at the November <span class="dictionary">general election</span> date for terms to commence January 1. <a id="paragraph-254217" class="section-permalink" href="https://vacode.org/24.2-222.1/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Except as provided in subsection D, no term of a mayor or member of council shall be shortened in implementing the change to the November election date. Mayors and members of council who were elected at a May <span class="dictionary">general election</span> and whose terms are to expire as of June 30 shall continue in office until their successors have been elected at the November <span class="dictionary">general election</span> and have been qualified to serve. <a id="paragraph-254218" class="section-permalink" href="https://vacode.org/24.2-222.1/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> In any city or town that elects its council biennially or quadrennially and that changes to the November <span class="dictionary">general election</span> date in odd-numbered years from the May <span class="dictionary">general election</span> date in even-numbered years, mayors and members of council who were elected at a May <span class="dictionary">general election</span> shall have their term of office shortened by six months but shall continue in office until their successors have been elected at the November <span class="dictionary">general election</span> and have been qualified to serve. <a id="paragraph-254219" class="section-permalink" href="https://vacode.org/24.2-222.1/#D"><i class="fa fa-link"/></a></p></section></text><history>2000, c. 1045; 2002, c. 30; 2016, c. 402.</history><metadata></metadata></law>
