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Virginia > Title 24.2 Elections > The Election Article 5. Special Elections

§ 24.2-682 Times for special elections

Overview of Statute

This section governs the times for holding special elections.

Statute

A. Notwithstanding any charter or special act to the contrary, the following provisions govern the times for holding special elections. Every special election shall be held on a Tuesday. No special election shall be held within the 55 days prior to a general or primary election. No special election shall be held on the same day as a primary election. A special election may be held on the same day as a general election.

B. A referendum election shall be ordered at least 81 days prior to the date for which the referendum election is called.

C. A special election to fill a vacancy in any constitutional office shall be held promptly and in accordance with the requirements of subsection A.

Code 1950, §§ 24-44, 24-136, 24-137, 24-138, 24-139, 24-141, 24-346; 1956, c. 378; 1966, c. 115; 1970, c. 462, §§ 24.1-1(5)(c), 24.1-163, 24.1-165; 1971, Ex. Sess., c. 119; 1972, c. 620; 1973, c. 30; 1974, c. 428; 1975, c. 515; 1976, c. 616; 1977, c. 30; 1978, cc. 258, 304, 778; 1979, c. 37; 1980, c. 639; 1981, c. 367; 1982, cc. 498, 650; 1983, c. 461; 1989, c. 322; 1991, c. 592; 1991, 1st Sp. Sess., c. 12; 1993, c. 641; 2000, cc. 787, 1070; 2008, cc. 107, 385; 2010, cc. 431, 542.

Definition [Referendum]

Any election held pursuant to law to submit a question to the voters for approval or rejection.

See § 24.2-101.

Definition [General election]

An election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times.

See § 24.2-101.

Definition [Primary election]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

See § 24.2-101.

Definition [Special election]

Any election that is held pursuant to law to fill a vacancy in office or to hold a referendum.

See § 24.2-101.

Definition [Constitutional office]

A county or city office or officer referred to in Article VII, Section 4 of the Constitution of Virginia: clerk of the circuit court, attorney for the Commonwealth, sheriff, commissioner of the revenue, and treasurer.

See § 24.2-101.

Definition [Primary]

An election held for the purpose of selecting a candidate to be the nominee of a political party for election to office.

See § 24.2-101.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Regulations & Guidance