                                 CODE OF VIRGINIA

FILLING VACANCIES IN THE GENERAL ASSEMBLY (§ 24.2-216)

When a vacancy occurs in the membership of the General Assembly during the
recess of the General Assembly or when a member-elect to the next General
Assembly dies, resigns, or becomes legally incapacitated to hold office prior to
its meeting, the Governor shall issue a writ of election to fill the vacancy. If
the vacancy occurs during the session of the General Assembly, the Speaker of
the House of Delegates or the President pro tempore of the Senate, as the case
may be, shall issue the writ unless the respective house by rule or resolution
shall provide otherwise. Upon receipt of written notification by a member or
member-elect of his resignation as of a stated date, the Governor, Speaker, or
President Pro Tempore, as the case may be, may immediately issue the writ to
call the election. The writ shall be issued within 30 days of the vacancy or
receipt of notification of the vacancy, whichever comes first. If the vacancy
occurs or will occur between December 10 and March 1, the writ shall order the
special election to be held no more than 30 days from the date of such vacancy.
The member&#8217;s or member-elect&#8217;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 writ shall be directed to the secretaries of the electoral boards and the
general registrars of the respective counties and cities composing the district
for which the election is to be held.
		Notwithstanding any provision of law to the contrary, no election to fill a
vacancy shall be ordered or held if the general or special election at which it
is to be called is scheduled within 75 days of the end of the term of the office
to be filled.

HISTORY: Code 1950, § 24-16; 1970, c. 462, § 24.1-16; 1983, c. 461; 1993, c.
641; 2003, c. 1015; 2010, cc. 449, 645; 2016, cc. 18, 492; 2023, c. 306.