Virginia HB 218: Constitutional offices; candidates to be nominated by petition process.

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2020 SESSION

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20100039D

HOUSE BILL NO. 218 

Offered January 8, 2020 

Prefiled December 27, 2019 

A BILL to amend and reenact �� 15.2-1600, 24.2-511, and 
 24.2-521 of the Code of Virginia, relating to constitutional offices; 
 candidates to be nominated by petition. 
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Patrons-- Convirs-Fowler and Cole, J.G. 

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Referred to Committee on Privileges and Elections 

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Be it enacted by the General Assembly of Virginia:

1. That �� 15.2-1600, 24.2-511, and 24.2-521 of the Code of 
 Virginia are amended and reenacted as follows:

� 15.2-1600. Counties and cities required to elect certain 
 officers; qualifications of attorney for the Commonwealth; duties and 
 compensation of officers; vacancies, certain counties and cities excepted; 
 officer's powers not to be diminished.

A. The voters of each county and city shall elect a treasurer, 
 a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the 
 court in the office of which deeds are recorded, and a commissioner of revenue. 
 To qualify to be elected or hold office, an attorney for the Commonwealth shall 
 be a member of the bar of this Commonwealth. The duties and compensation of 
 such officers shall be prescribed by general law or special act and any vacancy 
 in such office shall be filled, notwithstanding any charter provision to the 
 contrary, by a majority of the circuit judges of the judicial circuit for the 
 county or city pursuant to the provisions of �� 24.2-226 and 24.2-227. Any 
 county or city not required to have or to elect such officers prior to July 1, 
 1971, shall not be so required by this section, nor shall the provisions of 
 this section apply to those counties and cities which have heretofore adopted, 
 or may hereafter adopt, a form of government, as provided by law, which does 
 not require such counties or cities to have or elect one or more of such 
 officers.

B. Nothing in this title shall be construed to authorize the 
 governing body or the chief administrative officer of a locality to designate 
 an elected constitutional officer to exercise a power or perform a duty which 
 the officer is not required to perform under applicable state law without the 
 consent of such officer, nor by designation to diminish any such officer's 
 powers or duties as provided by applicable state law including the power to 
 organize their offices and to appoint such deputies, assistants and other 
 individuals as are authorized by law upon the terms and conditions specified by 
 such officers.

C. In order to have their 
 names placed on the ballot, all candidates for a constitutional office shall be 
 nominated only by petition as provided by general law pursuant to � 
 24.2-506.

� 24.2-511. Party chairman or official to certify candidates 
 to State Board and general registrars; failure to certify.

A. The state, district, or other appropriate party chairman 
 shall certif