                                 CODE OF VIRGINIA

HOW QUESTIONS DETERMINED; TIE BREAKER (§ 15.2-1420)

All questions submitted to the governing body for decision shall be determined
by a majority of the members voting on any such question unless another method
of determination is required by the Constitution of Virginia or general law.

In counties which have designated a tie breaker pursuant to § 15.2-1421, in any
case in which there is a tie vote of the board upon any question when all the
members are not present, the question shall be passed by till the next meeting
when it shall again be voted upon even though all members are not present; in
any case in which there is a tie vote on any question after complying with the
herein above procedure, the clerk shall record the vote and immediately notify
the tie breaker elected by the voters as provided in § 15.2-1421, to give the
casting vote in case of a tie, if that is practicable, and request his presence
at the present meeting of the board; but if that is not practicable then the
board may adjourn to a day fixed in the minutes of the board, or in case of a
failure to agree on a day, to a day fixed by the clerk and entered by him on the
minutes. At the present meeting or on the day named in the minutes the tie
breaker shall attend. He shall be entitled to be fully advised as to the matter
upon which he is to vote, and if not prepared to cast his vote at the time he
may require the clerk to enter an order adjourning the meeting to some future
day to be named in the minutes not to exceed thirty days and from time to time
he shall have continuances entered until he is ready to vote, not to exceed
thirty days. When he casts his vote the clerk shall record his vote and the tie
shall be broken, and the question shall be decided as he casts his vote. If a
meeting for any reason is not held on the day named in the minutes, the clerk
shall enter on the minute book a day within ten days as a substitute day and
duly notify all the members, and this shall continue until a meeting is held.
After a tie has occurred, the tie breaker shall be considered a member of the
board for the purpose of counting a quorum for the sole purpose of breaking the
tie. Final votes on any ordinance or resolution shall be in accordance with the
procedure provided for in Article VII, Sections 7 and 9 of the Constitution of
Virginia.

HISTORY: Code 1950, § 15-245; 1962, c. 623, § 15.1-540; 1972, cc. 734, 790;
1974, c. 550; 1980, c. 172; 1994, c. 550; 1997, c. 587; 2007, c. 833.