                                 CODE OF VIRGINIA

POWERS VESTED IN BOARD OF COUNTY SUPERVISORS; ELECTION AND TERMS OF MEMBERS;
VACANCIES (§ 15.2-502)

A. The powers of the county as a body politic and corporate shall be vested in a
board of county supervisors (the board), to consist of not less than three nor
more than nine members to be elected by the voters of the county at large, or
solely by the voters of the respective magisterial or election district of which
each member is a qualified voter. There shall be on the board for each
magisterial or election district one member, and no more, who shall be a
qualified voter of the district.
			The supervisors first elected shall hold office until January 1 following the
next regular election provided by general law for the election of supervisors.
At such election their successors shall be elected for terms of four years each.

B. When any vacancy occurs in the board, the vacancy shall be filled in
accordance with &#xA7; 24.2-228, except that the board shall have the option in
its petition to the court to request that the election to fill the vacancy be
held prior to the next or second ensuing general election, as the case may be.
In that event, such election shall be held within sixty days of the issuance of
the writ, or, if such election would fall within the sixty days prior to a
general or primary election, on the general election day or within sixty days
following the primary election.

C. Notwithstanding the provisions of subsection B, the provisions of this
subsection shall apply to any county with the county executive form of
government that is contiguous to a county with the urban county executive form
of government. Notwithstanding the provisions of &#xA7;&#xA7; 24.2-226 and
24.2-228, when any vacancy occurs in the membership of the board, the judge of
the circuit court of the county shall issue a writ for a special election to
fill the vacancy for the remainder of the unexpired term. The judge shall issue
the writ within fifteen days of the occurrence of the vacancy. He shall order
the election to be held not fewer than forty-five days and not more than sixty
days after the issuance of the writ. However, if the election would fall within
sixty days before a general election, the judge shall order the election to be
held on the general election day; and, if the election would fall within sixty
days before a primary election, the judge shall order the election to be held
not fewer than thirty days and not more than sixty days after the primary. If
the vacancy occurs prior to a general election and there is insufficient time to
order the election to be held at the general election, the judge shall order the
election to be held not fewer than 45 days and not more than 60 after the
general election. The local electoral board shall determine and announce within
three business days after the date of the writ the candidate filing deadline for
the special election. The remaining members of the board shall not make a
temporary appointment to fill the vacancy. However, if the vacancy occurs within
the 180 days before the expiration of the term of office, there shall be no
special election, and the remaining members of the board shall fill the vacancy
by appointment pursuant to &#xA7; 24.2-228 within thirty days of the occurrence
of the vacancy and after holding a public hearing on the appointment. The
appointment shall be for the duration of the unexpired term.

HISTORY: Code 1950, § 15-273; 1952, c. 346; 1962, c. 623, § 15.1-589; 1966, c.
463; 1971, Ex. Sess., c. 65; 1982, c. 139; 1983, c. 350; 1997, c. 587; 1999, c.
718; 2007, c. 268.