§ 3.04. Vacancies in office of mayor or member of council.

A.

Vacancies in the office of member of council, from whatever cause arising, shall be filled within sixty days of the occurrence of the vacancy. Such vacancies shall be filled by the remainder of the council. The person or persons so appointed to fill the vacancy shall be a resident of the district where the vacancy occurs and shall hold office until the qualified voters shall fill the same by election at the next general election and the person so elected shall have qualified. The election to fill such vacancies shall be held as required and provided herein and by the general laws of the Commonwealth of Virginia; provided that nominations for any such vacancy shall be by petition in the manner prescribed by law for nonparty candidates and not by caucus, primary, convention or other party-affiliated proceeding.

B.

A vacancy in the office of mayor shall be filled in accordance with the procedures set forth in subsection A above for vacancies in the officer of member of council; however, the person appointed must be a resident of the city at the time of his appointment.

(Acts 1988, Ch. 631, § 1; Acts 1990, Ch. 305, § 2; Acts 1999, Ch. 799, § 1; Acts 1999, Ch. 827, § 1)

Editor's note— It should be noted that section 4 of Ch. 305 stated that "the second enactment of this act shall expire upon the coming into full force and effect of Chapters 612 and 631 of the Acts of Assembly of 1988, pursuant to the third enactment of this act."

(Acts 1988, Ch. 631, § 1; Acts 1990, Ch. 305, § 2; Acts 1999, Ch. 799, § 1; Acts 1999, Ch. 827, § 1)

Editor's note

It should be noted that section 4 of Ch. 305 stated that "the second enactment of this act shall expire upon the coming into full force and effect of Chapters 612 and 631 of the Acts of Assembly of 1988, pursuant to the third enactment of this act."