State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-3 > 24-2-313

§ 24.2-313. Rescheduling of certain local elections following the decennialredistricting of districts for the governing body.

A. Notwithstanding any other provision of law to the contrary, elections formembers of the governing body or school board of any county, city, or townthat would be held on a regularly scheduled date for a general election, butare delayed because the decennial redistricting plan of such county, city, ortown is not precleared by the Attorney General of the United States pursuantto § 5 of the federal Voting Rights Act at least thirty days prior to thegeneral election, shall be held as provided in this section, unless otherwiseprovided by a court of competent jurisdiction. In the event the AttorneyGeneral grants preclearance at least thirty days prior to the generalelection, the election shall be held as scheduled and shall be conducted fromthe newly established districts. The provisions of this section shall notapply to any county, city, or town election scheduled to be held entirely onan at-large basis.

B. In each such county, city, or town, such election shall be held on thefirst Tuesday (i) that is more than sixty days after the Attorney General ofthe United States issues a letter stating that he interposes no objection toa decennial redistricting plan approved and submitted by the county, city, ortown; (ii) that is not the scheduled date of a primary election; and (iii)that is not within the sixty days before or the thirty-five days after aprimary or general election.

C. Independent candidates for such rescheduled elections shall qualify in themanner provided by §§ 24.2-505 and 24.2-506, and party nominees shall benominated and certified at least thirty days before the new election date.

D. All candidates shall file the statements required by §§ 24.2-501 and24.2-502 at least thirty days before the new election date.

E. Notwithstanding the provisions of subsections C and D, any candidate whoqualified to have his name printed on the ballot for the original electiondate, pursuant to § 24.2-504, shall be automatically qualified to have hisname printed on the ballot for the delayed election date and shall not haveto refile the required documents, provided that the boundaries of thedistrict in which he is seeking office are the same as when he was originallyqualified. In any district in which the boundaries have been changed,candidates shall requalify for the ballot; however, at the request of anycandidate who filed as an independent, his original petitions shall bereviewed by the registrar, previously verified signatures of voters whoreside in the new district shall be counted toward the number needed toqualify to run in the new district, and the candidate may supplement suchpetitions when he refiles under § 24.2-505.

F. Notwithstanding any provision of law to the contrary, the term of membersof any governing body or school board elected under the provisions of thisact shall commence on the first day of the second month following theelection and shall terminate on the day on which the term would have expiredhad the general election been held on its regularly scheduled day.

G. The term of members of any governing body affected by this act that wouldotherwise expire prior to the commencement of the term of their successorselected pursuant to this section shall be extended until the date that theterm of members elected pursuant to this section commences, notwithstandingany provision of law to the contrary.

(2002, c. 189.)

State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-3 > 24-2-313

§ 24.2-313. Rescheduling of certain local elections following the decennialredistricting of districts for the governing body.

A. Notwithstanding any other provision of law to the contrary, elections formembers of the governing body or school board of any county, city, or townthat would be held on a regularly scheduled date for a general election, butare delayed because the decennial redistricting plan of such county, city, ortown is not precleared by the Attorney General of the United States pursuantto § 5 of the federal Voting Rights Act at least thirty days prior to thegeneral election, shall be held as provided in this section, unless otherwiseprovided by a court of competent jurisdiction. In the event the AttorneyGeneral grants preclearance at least thirty days prior to the generalelection, the election shall be held as scheduled and shall be conducted fromthe newly established districts. The provisions of this section shall notapply to any county, city, or town election scheduled to be held entirely onan at-large basis.

B. In each such county, city, or town, such election shall be held on thefirst Tuesday (i) that is more than sixty days after the Attorney General ofthe United States issues a letter stating that he interposes no objection toa decennial redistricting plan approved and submitted by the county, city, ortown; (ii) that is not the scheduled date of a primary election; and (iii)that is not within the sixty days before or the thirty-five days after aprimary or general election.

C. Independent candidates for such rescheduled elections shall qualify in themanner provided by §§ 24.2-505 and 24.2-506, and party nominees shall benominated and certified at least thirty days before the new election date.

D. All candidates shall file the statements required by §§ 24.2-501 and24.2-502 at least thirty days before the new election date.

E. Notwithstanding the provisions of subsections C and D, any candidate whoqualified to have his name printed on the ballot for the original electiondate, pursuant to § 24.2-504, shall be automatically qualified to have hisname printed on the ballot for the delayed election date and shall not haveto refile the required documents, provided that the boundaries of thedistrict in which he is seeking office are the same as when he was originallyqualified. In any district in which the boundaries have been changed,candidates shall requalify for the ballot; however, at the request of anycandidate who filed as an independent, his original petitions shall bereviewed by the registrar, previously verified signatures of voters whoreside in the new district shall be counted toward the number needed toqualify to run in the new district, and the candidate may supplement suchpetitions when he refiles under § 24.2-505.

F. Notwithstanding any provision of law to the contrary, the term of membersof any governing body or school board elected under the provisions of thisact shall commence on the first day of the second month following theelection and shall terminate on the day on which the term would have expiredhad the general election been held on its regularly scheduled day.

G. The term of members of any governing body affected by this act that wouldotherwise expire prior to the commencement of the term of their successorselected pursuant to this section shall be extended until the date that theterm of members elected pursuant to this section commences, notwithstandingany provision of law to the contrary.

(2002, c. 189.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-24-2 > Chapter-3 > 24-2-313

§ 24.2-313. Rescheduling of certain local elections following the decennialredistricting of districts for the governing body.

A. Notwithstanding any other provision of law to the contrary, elections formembers of the governing body or school board of any county, city, or townthat would be held on a regularly scheduled date for a general election, butare delayed because the decennial redistricting plan of such county, city, ortown is not precleared by the Attorney General of the United States pursuantto § 5 of the federal Voting Rights Act at least thirty days prior to thegeneral election, shall be held as provided in this section, unless otherwiseprovided by a court of competent jurisdiction. In the event the AttorneyGeneral grants preclearance at least thirty days prior to the generalelection, the election shall be held as scheduled and shall be conducted fromthe newly established districts. The provisions of this section shall notapply to any county, city, or town election scheduled to be held entirely onan at-large basis.

B. In each such county, city, or town, such election shall be held on thefirst Tuesday (i) that is more than sixty days after the Attorney General ofthe United States issues a letter stating that he interposes no objection toa decennial redistricting plan approved and submitted by the county, city, ortown; (ii) that is not the scheduled date of a primary election; and (iii)that is not within the sixty days before or the thirty-five days after aprimary or general election.

C. Independent candidates for such rescheduled elections shall qualify in themanner provided by §§ 24.2-505 and 24.2-506, and party nominees shall benominated and certified at least thirty days before the new election date.

D. All candidates shall file the statements required by §§ 24.2-501 and24.2-502 at least thirty days before the new election date.

E. Notwithstanding the provisions of subsections C and D, any candidate whoqualified to have his name printed on the ballot for the original electiondate, pursuant to § 24.2-504, shall be automatically qualified to have hisname printed on the ballot for the delayed election date and shall not haveto refile the required documents, provided that the boundaries of thedistrict in which he is seeking office are the same as when he was originallyqualified. In any district in which the boundaries have been changed,candidates shall requalify for the ballot; however, at the request of anycandidate who filed as an independent, his original petitions shall bereviewed by the registrar, previously verified signatures of voters whoreside in the new district shall be counted toward the number needed toqualify to run in the new district, and the candidate may supplement suchpetitions when he refiles under § 24.2-505.

F. Notwithstanding any provision of law to the contrary, the term of membersof any governing body or school board elected under the provisions of thisact shall commence on the first day of the second month following theelection and shall terminate on the day on which the term would have expiredhad the general election been held on its regularly scheduled day.

G. The term of members of any governing body affected by this act that wouldotherwise expire prior to the commencement of the term of their successorselected pursuant to this section shall be extended until the date that theterm of members elected pursuant to this section commences, notwithstandingany provision of law to the contrary.

(2002, c. 189.)