{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/24.2-216.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/24.2-216.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/24.2-216.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/24.2-216.html"}],"law_id":355711,"edition_id":2,"section_id":355711,"structure_id":50892,"section_number":"24.2-216","catch_line":"Filling vacancies in the General Assembly","history":"Code 1950, \u00a7 24-16; 1970, c. 462, \u00a7 24.1-16; 1983, c. 461; 1993, c. 641; 2003, c. 1015; 2010, cc. 449, 645; 2016, cc. 18, 492; 2023, c. 306.","full_text":"When a vacancy occurs in the membership of the General Assembly during the recess of the General Assembly or when a member-elect to the next General Assembly dies, resigns, or becomes legally incapacitated to hold office prior to its meeting, the Governor shall issue a writ of election to fill the vacancy. If the vacancy occurs during the session of the General Assembly, the Speaker of the House of Delegates or the President pro tempore of the Senate, as the case may be, shall issue the writ unless the respective house by rule or resolution shall provide otherwise. Upon receipt of written notification by a member or member-elect of his resignation as of a stated date, the Governor, Speaker, or President Pro Tempore, as the case may be, may immediately issue the writ to call the election. The writ shall be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first. If the vacancy occurs or will occur between December 10 and March 1, the writ shall order the special election to be held no more than 30 days from the date of such vacancy. The member’s or member-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election.\n\nThe writ shall be directed to the secretaries of the electoral boards and the general registrars of the respective counties and cities composing the district for which the election is to be held.\n\nNotwithstanding any provision of law to the contrary, no election to fill a vacancy shall be ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled.\n\n","order_by":null,"text":{"0":{"id":1324720,"text":"When a vacancy occurs in the membership of the General Assembly during the recess of the General Assembly or when a member-elect to the next General Assembly dies, resigns, or becomes legally incapacitated to hold office prior to its meeting, the Governor shall issue a writ of election to fill the vacancy. If the vacancy occurs during the session of the General Assembly, the Speaker of the House of Delegates or the President pro tempore of the Senate, as the case may be, shall issue the writ unless the respective house by rule or resolution shall provide otherwise. Upon receipt of written notification by a member or member-elect of his resignation as of a stated date, the Governor, Speaker, or President Pro Tempore, as the case may be, may immediately issue the writ to call the election. The writ shall be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first. If the vacancy occurs or will occur between December 10 and March 1, the writ shall order the special election to be held no more than 30 days from the date of such vacancy. The member’s or member-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1324721,"text":"The writ shall be directed to the secretaries of the electoral boards and the general registrars of the respective counties and cities composing the district for which the election is to be held.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1324722,"text":"Notwithstanding any provision of law to the contrary, no election to fill a vacancy shall be ordered or held if the general or special election at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":50892,"edition_id":2,"name":"General Assembly","identifier":"4","label":"article","depth":3,"order_by":4,"parent_id":50888,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 02:34:35","date_modified":"2026-08-02 12:31:27","permalink":{"id":1414511,"object_type":"structure","relational_id":50892,"identifier":"4","token":"24.2\/2\/4","url":"\/24.2\/2\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50888,"edition_id":2,"name":"Federal, Commonwealth, and Local Officers","identifier":"2","label":"chapter","depth":2,"order_by":2,"parent_id":50878,"metadata":{"child_laws":40,"child_structures":7},"date_created":"2026-08-02 02:34:34","date_modified":"2026-08-02 12:31:26","permalink":{"id":1414459,"object_type":"structure","relational_id":50888,"identifier":"2","token":"24.2\/2","url":"\/24.2\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50878,"edition_id":2,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":64,"parent_id":null,"metadata":{"child_laws":546,"child_structures":79},"date_created":"2026-08-02 02:34:27","date_modified":"2026-08-02 12:31:25","permalink":{"id":1414151,"object_type":"structure","relational_id":50878,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":355709,"structure_id":50892,"section_number":"24.2-214","catch_line":"Election and term of Senators","url":"\/24.2-214\/","token":"24.2\/2\/4\/24.2-214","metadata":false},{"id":355710,"structure_id":50892,"section_number":"24.2-215","catch_line":"Election and term of members of the House of Delegates","url":"\/24.2-215\/","token":"24.2\/2\/4\/24.2-215","metadata":false},{"id":355711,"structure_id":50892,"section_number":"24.2-216","catch_line":"Filling vacancies in the General Assembly","url":"\/24.2-216\/","token":"24.2\/2\/4\/24.2-216","metadata":false}],"previous_section":{"id":355710,"structure_id":50892,"section_number":"24.2-215","catch_line":"Election and term of members of the House of Delegates","url":"\/24.2-215\/","token":"24.2\/2\/4\/24.2-215","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-216\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 462; in 1983, chapter 461; in 1993, chapter 641; in 2003, chapter 1015<\/a>; in 2010, chapters 449<\/a> and 645<\/a>; in 2016, chapters 18<\/a> and 492<\/a>; in 2023, chapter 306<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1414521,"object_type":"law","relational_id":355711,"identifier":"24.2-216","token":"24.2\/2\/4\/24.2-216","url":"\/24.2-216\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/24.2-216\/","token":"24.2\/2\/4\/24.2-216","dublin_core":{"Title":"Filling vacancies in the General Assembly","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-216","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When a vacancy occurs in the membership of the General Assembly during the recess of the General Assembly or when a member-elect to the next General Assembly dies, resigns, or becomes legally incapacitated to hold office prior to its meeting, the Governor shall issue<\/span> a writ<\/span> of election to fill the vacancy. If the vacancy occurs during the session of the General Assembly, the Speaker of the House of Delegates or the President pro tempore of the Senate, as the case may be, shall issue<\/span> the writ<\/span> unless the respective house by rule or resolution shall provide otherwise. Upon receipt of written notification by a member or member-elect of his resignation as of a stated date, the Governor, Speaker, or President Pro Tempore, as the case may be, may immediately issue<\/span> the writ<\/span> to call the election. The writ<\/span> shall be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first. If the vacancy occurs or will occur between December 10 and March 1, the writ<\/span> shall order<\/span> the special election<\/span> to be held no more than 30 days from the date of such vacancy. The member’s or member-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the forty-fifth day before the date set for the special election<\/span>.<\/p>

The writ<\/span> shall be directed to the secretaries of the electoral boards<\/span> and the general registrars<\/span> of the respective counties and cities composing the district for which the election is to be held.<\/p>

Notwithstanding any provision of law<\/span> to the contrary, no election to fill a vacancy shall be ordered or held if the general or special election<\/span> at which it is to be called is scheduled within 75 days of the end of the term of the office to be filled.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFILLING VACANCIES IN THE GENERAL ASSEMBLY (\u00a7 24.2-216)\n\nWhen a vacancy occurs in the membership of the General Assembly during the\nrecess of the General Assembly or when a member-elect to the next General\nAssembly dies, resigns, or becomes legally incapacitated to hold office prior to\nits meeting, the Governor shall issue a writ of election to fill the vacancy. If\nthe vacancy occurs during the session of the General Assembly, the Speaker of\nthe House of Delegates or the President pro tempore of the Senate, as the case\nmay be, shall issue the writ unless the respective house by rule or resolution\nshall provide otherwise. Upon receipt of written notification by a member or\nmember-elect of his resignation as of a stated date, the Governor, Speaker, or\nPresident Pro Tempore, as the case may be, may immediately issue the writ to\ncall the election. The writ shall be issued within 30 days of the vacancy or\nreceipt of notification of the vacancy, whichever comes first. If the vacancy\noccurs or will occur between December 10 and March 1, the writ shall order the\nspecial election to be held no more than 30 days from the date of such vacancy.\nThe member’s or member-elect’s resignation shall not be revocable\nafter the date stated by him for his resignation or after the forty-fifth day\nbefore the date set for the special election.\n\nThe writ shall be directed to the secretaries of the electoral boards and the\ngeneral registrars of the respective counties and cities composing the district\nfor which the election is to be held.\n\nNotwithstanding any provision of law to the contrary, no election to fill a\nvacancy shall be ordered or held if the general or special election at which it\nis to be called is scheduled within 75 days of the end of the term of the office\nto be filled.\n\nHISTORY: Code 1950, \u00a7 24-16; 1970, c. 462, \u00a7 24.1-16; 1983, c. 461; 1993, c.\n641; 2003, c. 1015; 2010, cc. 449, 645; 2016, cc. 18, 492; 2023, c. 306.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}