Virginia SB 835: Municipal elections in November; council members appointed to fill vacancy ineligible to vote.

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2020 SESSION

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20100814D

SENATE BILL NO. 835 

Offered January 8, 2020 

Prefiled January 8, 2020 

A BILL to amend and reenact � 24.2-222.1 of the Code of 
 Virginia, relating to moving municipal election to November general election; council 
 members appointed to fill vacancy ineligible to vote on ordinance. 
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Patron-- Suetterlein 

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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 � 24.2-222.1 of the Code of Virginia is amended and 
 reenacted as follows:

� 24.2-222.1. Alternative election of mayor and council at 
 November general election in cities and towns.

A. Notwithstanding the provisions of � 24.2-222, and 
 notwithstanding any contrary provisions of a city or town charter, the council 
 of a city or town may provide by ordinance that the mayor, if an elected mayor 
 is provided for by charter, and council shall be elected at the November 
 general election date of any cycle as designated in the ordinance, for terms to 
 commence January 1. No such ordinance shall be adopted between January 1 and 
 the May general election date of the year in which city or town elections 
 regularly are scheduled to be held therein. Any 
 council member appointed to fill a vacancy pursuant to � 
 24.2-228 shall not be eligible to vote on the adoption of such ordinance, and any 
 vote by such member on the adoption of such ordinance shall be deemed 
 invalid.

B. Alternatively, the registered voters of a city or town may 
 file a petition with the circuit court of the city or of the county within 
 which the town is located asking that a referendum be held on the question of 
 whether the city or town should elect the mayor, if an elected mayor is 
 provided for by charter, and council members at the November general election 
 date of any cycle as designated in the petition. The petition shall be signed 
 by registered voters equal in number to at least ten percent of the number 
 registered in the city or town on the January 1 preceding the filing.

The court, pursuant to � 24.2-684, shall order the election 
 officials on a day fixed in the order to conduct a referendum on the question, 
 provided that no such referendum shall be scheduled between January 1 and the 
 May general election date of the year in which city or town elections regularly 
 are scheduled to be held therein. The clerk of the court shall publish notice 
 of the referendum once a week for the three consecutive weeks prior to the 
 referendum in a newspaper having general circulation in the city or town, and 
 shall post a copy of the notice at the door of the courthouse of the city or 
 county within which the town is located. The question on the ballot shall be:

"Shall the (city or town) change the election date of the 
 mayor (if so provided by charter) and members of council from the May general 
 election to the November gen