                                 CODE OF VIRGINIA

CANDIDATES HAVING HIGHEST NUMBER OF VOTES TO RECEIVE CERTIFICATE OF ELECTION (§
24.2-673)

A. Except as provided in subsection B or in the case of a recount pursuant to
the provisions of Chapter 8 (&#xA7; 24.2-800 et seq.), in all elections for the
choice of any officer, unless it is otherwise expressly provided, the person
having the highest number of votes for any office shall be deemed to have been
elected to such office and shall receive the certificate of election.

B. In an election for a local office in a locality with a population of no more
than 4,000 persons, if the person having the highest number of votes for the
office is elected by write-in votes and is not qualified to hold such office or
declines to assume such office, the person having the second highest number of
votes shall be deemed to have been elected to such office and shall receive the
certificate of election. In the event that the person having the second highest
number of votes is not qualified to hold such office or declines to assume such
office, the person having the next highest number of votes shall be deemed to
have been elected to such office and shall receive the certificate of election.
In the event that the person having the next highest number of votes is not
qualified to hold such office or declines to assume such office, a vacancy shall
be declared and filled by special election.

HISTORY: Code 1950, § 24-276; 1970, c. 462, § 24.1-148; 1993, c. 641; 2023, c.
221.