Statutory Roadmap for filling BOCS vacancies

Here are the relevant portions of the VA Code pertaining to filling vacancies, including those on Boards of County Supervisors:

§ 15.2-502. Powers vested in board of county supervisors; election and terms of members; vacancies.
B. When any vacancy occurs in the board, the vacancy shall be filled in accordance with § 24.2-228, except that the board shall have the option in its petition to the court to request that the election to fill the vacancy be held prior to the next or second ensuing general election, as the case may be. In that event, such election shall be held within sixty days of the issuance of the writ, or, if such election would fall within the sixty days prior to a general or primary election, on the general election day or within sixty days following the primary election.

C. Notwithstanding the provisions of subsection B, the provisions of this subsection shall apply to any county with the county executive form of government that is contiguous to a county with the urban county executive form of government. Notwithstanding the provisions of §§ 24.2-226 and 24.2-228, when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall issue a writ for a special election to fill the vacancy for the remainder of the unexpired term. The judge shall issue the writ within fifteen days of the occurrence of the vacancy. He shall order the election to be held not fewer than forty-five days and not more than sixty days after the issuance of the writ. However, if the election would fall within sixty days before a general election, the judge shall order the election to be held on the general election day; and, if the election would fall within sixty days before a primary election, the judge shall order the election to be held not fewer than thirty days and not more than sixty days after the primary. The local electoral board shall determine and announce within three business days after the date of the writ the candidate filing deadline for the special election. The remaining members of the board shall not make a temporary appointment to fill the vacancy. (emphasis added as this pre-empts § 24.2-228.) However, if the vacancy occurs within the 180 days before the expiration of the term of office, there shall be no special election, and the remaining members of the board shall fill the vacancy by appointment pursuant to § 24.2-228 within thirty days of the occurrence of the vacancy and after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term.

§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor.
A. When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within forty-five days of the office becoming vacant, shall appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. If a majority of the remaining members cannot agree, or do not act, the judges of the circuit court of the county or city shall make the appointment. The person so appointed in a county or city, or a town with a population greater than 3,500, shall hold office until the qualified voters fill the vacancy by special election pursuant to § 24.2-226 and the person so elected has qualified. The person so appointed in a town with a population of 3,500 or less shall serve for the remainder of the term and no special election shall be held.

§ 24.2-226. Election to fill vacancy.
A. A vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled by special election except as provided for certain towns by § 24.2-228 or for constitutional officers as provided in § 24.2-228.1, or unless provided otherwise by statute or charter. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election for the next ensuing general election to be held in November in the case of county, city, or town officers regularly elected in November, or in May in the case of other city and town officers. If the vacancy occurs within 120 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body or school board, as the case may be, may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election. The officer’s or officer-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the thirtieth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.

Categories: PWC Politics_, 2006 Elections_

Statutory Roadmap for filling BOCS vacancies

Here are the relevant portions of the VA Code pertaining to filling vacancies, including those on Boards of County Supervisors:

§ 15.2-502. Powers vested in board of county supervisors; election and terms of members; vacancies.
B. When any vacancy occurs in the board, the vacancy shall be filled in accordance with § 24.2-228, except that the board shall have the option in its petition to the court to request that the election to fill the vacancy be held prior to the next or second ensuing general election, as the case may be. In that event, such election shall be held within sixty days of the issuance of the writ, or, if such election would fall within the sixty days prior to a general or primary election, on the general election day or within sixty days following the primary election.

C. Notwithstanding the provisions of subsection B, the provisions of this subsection shall apply to any county with the county executive form of government that is contiguous to a county with the urban county executive form of government. Notwithstanding the provisions of §§ 24.2-226 and 24.2-228, when any vacancy occurs in the membership of the board, the judge of the circuit court of the county shall issue a writ for a special election to fill the vacancy for the remainder of the unexpired term. The judge shall issue the writ within fifteen days of the occurrence of the vacancy. He shall order the election to be held not fewer than forty-five days and not more than sixty days after the issuance of the writ. However, if the election would fall within sixty days before a general election, the judge shall order the election to be held on the general election day; and, if the election would fall within sixty days before a primary election, the judge shall order the election to be held not fewer than thirty days and not more than sixty days after the primary. The local electoral board shall determine and announce within three business days after the date of the writ the candidate filing deadline for the special election. The remaining members of the board shall not make a temporary appointment to fill the vacancy. (emphasis added as this pre-empts § 24.2-228.) However, if the vacancy occurs within the 180 days before the expiration of the term of office, there shall be no special election, and the remaining members of the board shall fill the vacancy by appointment pursuant to § 24.2-228 within thirty days of the occurrence of the vacancy and after holding a public hearing on the appointment. The appointment shall be for the duration of the unexpired term.

§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor.
A. When a vacancy occurs in a local governing body or an elected school board, the remaining members of the body or board, respectively, within forty-five days of the office becoming vacant, shall appoint a qualified voter of the election district in which the vacancy occurred to fill the vacancy. If a majority of the remaining members cannot agree, or do not act, the judges of the circuit court of the county or city shall make the appointment. The person so appointed in a county or city, or a town with a population greater than 3,500, shall hold office until the qualified voters fill the vacancy by special election pursuant to § 24.2-226 and the person so elected has qualified. The person so appointed in a town with a population of 3,500 or less shall serve for the remainder of the term and no special election shall be held.

§ 24.2-226. Election to fill vacancy.
A. A vacancy in any elected local office, whether occurring when for any reason an officer-elect does not take office or occurring after an officer begins his term, shall be filled by special election except as provided for certain towns by § 24.2-228 or for constitutional officers as provided in § 24.2-228.1, or unless provided otherwise by statute or charter. The governing body or, in the case of an elected school board, the school board of the county, city, or town in which the vacancy occurs shall, within 15 days of the occurrence of the vacancy, petition the circuit court to issue a writ of election to fill the vacancy as set forth in Article 5 (§ 24.2-681 et seq.) of Chapter 6. Either upon receipt of the petition or on its own motion, the court shall issue the writ ordering the election for the next ensuing general election to be held in November in the case of county, city, or town officers regularly elected in November, or in May in the case of other city and town officers. If the vacancy occurs within 120 days prior to that election, however, the writ shall order the election to be held at the second ensuing such general election. Upon receipt of written notification by an officer or officer-elect of his resignation as of a stated date, the governing body or school board, as the case may be, may immediately petition the circuit court to issue a writ of election, and the court may immediately issue the writ to call the election. The officer’s or officer-elect’s resignation shall not be revocable after the date stated by him for his resignation or after the thirtieth day before the date set for the special election. The person so elected shall hold the office for the remaining portion of the regular term of the office for which the vacancy is being filled.

Categories: PWC Politics_, 2006 Elections_

“AnkleBitingPundits” gets bit themselves

From today’s Washington Times Inside Politics:

McCain’s blogola?

For weeks, the political mini-scandal on the Internet was the question of whether Markos Moulitsas Zuniga’s liberal DailyKos.com site was secretly influenced by Mr. Moulitsas’ former blogging partner, political consultant Jerome Armstrong.

Now questions have been raised about conservative blogger Patrick Hynes, who announced Monday that his consulting firm, New Media Strategics, has been hired by Straight Talk America, the political action committee of Sen. John McCain, Arizona Republican.

The problem with that, Jim Geraghty writes at http://www.nationalreview.com, is that “New Media Strategics had been under contract with McCain’s PAC … since May. Hynes has, since that initial payment, posted several items praising McCain and critical of [Massachusetts Gov. Mitt] Romney.” Mr. Romney is seen as one of Mr. McCain’s potential rivals for the 2008 Republican presidential nomination.

Furthermore, Mr. Geraghty writes, during the uproar over so-called “blogola” charges involving the DailyKos site, Mr. Hynes compared popular radio talk-show host Hugh Hewitt — who had criticized Mr. McCain on his blog — to Mr. Moulitsas.

“While I don’t believe Hugh is the Kos of the right, one question lingers in my mind: Who died and made Hugh Hewitt King Republican?” Mr. Hynes wrote on July 13 at his blog, AnkleBitingPundits.com. “If I was a conspiracy theorist, I would suspect Hugh of bashing McCain in the services of Mitt Romney, who Hugh, it has become increasingly obvious, supports along with Arlen Specter.”

Mr. Hynes made similar accusations about pro-Romney bloggers at RedState.com, reports Mr. Geraghty, who said he received an e-mail from Mr. Hynes.

“You are right, Jim. I ought to have disclosed my relationship with Straight Talk America earlier,” Mr. Hynes wrote in the message. “The reason I didn’t do so is because I was not being paid ‘to blog.’ I have been a political consultant for 15 years. That’s what I was doing for Straight Talk America: providing political consulting.”

Categories: 2008 Elections_, Blogging_

"AnkleBitingPundits" gets bit themselves

From today’s Washington Times Inside Politics:

McCain’s blogola?

For weeks, the political mini-scandal on the Internet was the question of whether Markos Moulitsas Zuniga’s liberal DailyKos.com site was secretly influenced by Mr. Moulitsas’ former blogging partner, political consultant Jerome Armstrong.

Now questions have been raised about conservative blogger Patrick Hynes, who announced Monday that his consulting firm, New Media Strategics, has been hired by Straight Talk America, the political action committee of Sen. John McCain, Arizona Republican.

The problem with that, Jim Geraghty writes at http://www.nationalreview.com, is that “New Media Strategics had been under contract with McCain’s PAC … since May. Hynes has, since that initial payment, posted several items praising McCain and critical of [Massachusetts Gov. Mitt] Romney.” Mr. Romney is seen as one of Mr. McCain’s potential rivals for the 2008 Republican presidential nomination.

Furthermore, Mr. Geraghty writes, during the uproar over so-called “blogola” charges involving the DailyKos site, Mr. Hynes compared popular radio talk-show host Hugh Hewitt — who had criticized Mr. McCain on his blog — to Mr. Moulitsas.

“While I don’t believe Hugh is the Kos of the right, one question lingers in my mind: Who died and made Hugh Hewitt King Republican?” Mr. Hynes wrote on July 13 at his blog, AnkleBitingPundits.com. “If I was a conspiracy theorist, I would suspect Hugh of bashing McCain in the services of Mitt Romney, who Hugh, it has become increasingly obvious, supports along with Arlen Specter.”

Mr. Hynes made similar accusations about pro-Romney bloggers at RedState.com, reports Mr. Geraghty, who said he received an e-mail from Mr. Hynes.

“You are right, Jim. I ought to have disclosed my relationship with Straight Talk America earlier,” Mr. Hynes wrote in the message. “The reason I didn’t do so is because I was not being paid ‘to blog.’ I have been a political consultant for 15 years. That’s what I was doing for Straight Talk America: providing political consulting.”

Categories: 2008 Elections_, Blogging_

Sooner rather than later?


Supervisors chairman Sean Connaughton, center, and four other federal nominees sit before a Senate panel Thursday. (Joe Brier/Manassas News & Messenger)

It looks as if Sean Connaughton’s nomination to be U.S. Maritime Administrator may be traveling at hyperspeed. In just 30 days, he was nominated and had his confirmation hearing before the Senate Commerce Cmte. Now, word comes to us that it is unlikely that the Committee will schedule an official meeting to mark up before the recess. However, before long recesses, the Administration works very hard with the Senate majority and minority leaders and relevant committee chairs to get their nominees confirmed.

We’re hearing that they may try to mark Sean up “off the floor” — relieving the need to hold a committe mark — get him a Senate calendar number and try to “hotline” him on a Unanimous Consent vote. In order for that to happen, everything will have to fall into place just right. He’ll have to have full Committee support; the Committee needs to be at peace — with each other and the Administration; the Majority Leader must be helpful in assigning him a calendar number quickly; and he has to avoid any personal or general holds. While there is no reason to expect any personal holds against Sean, you never know when a general hold may pop up as it gives senators leverage that they need on tangential or otherwise wholely unrelated issues. Keep your eyes on Sens. Max Baucus (D-MT) and Mary Landrieu (D-LA)for this.

This all squares with what Senate Commerce Cmte. Chairman Ted Stevens said yesterday:

Stevens told Connaughton and four other nominees for other positions who were also there for hearings that he didn’t foresee any problems with their nominations. Stevens said the committee would try to get them approved soon.

“They’ll go on the calendar and then they’re subject to review by all of the members of the Senate,” Stevens said of the nominations.

“We’ll do our best to get them [the nominations] to appear before the end of next week, when we expect to recess,” Stevens said.

So, it is possible that Sean will be confirmed before the Senate recess next Friday, but there will be plenty of twists and turns between now and next weekend.

Categories: PWC Politics_, Congress_

Sooner rather than later?


Supervisors chairman Sean Connaughton, center, and four other federal nominees sit before a Senate panel Thursday. (Joe Brier/Manassas News & Messenger)

It looks as if Sean Connaughton’s nomination to be U.S. Maritime Administrator may be traveling at hyperspeed. In just 30 days, he was nominated and had his confirmation hearing before the Senate Commerce Cmte. Now, word comes to us that it is unlikely that the Committee will schedule an official meeting to mark up before the recess. However, before long recesses, the Administration works very hard with the Senate majority and minority leaders and relevant committee chairs to get their nominees confirmed.

We’re hearing that they may try to mark Sean up “off the floor” — relieving the need to hold a committe mark — get him a Senate calendar number and try to “hotline” him on a Unanimous Consent vote. In order for that to happen, everything will have to fall into place just right. He’ll have to have full Committee support; the Committee needs to be at peace — with each other and the Administration; the Majority Leader must be helpful in assigning him a calendar number quickly; and he has to avoid any personal or general holds. While there is no reason to expect any personal holds against Sean, you never know when a general hold may pop up as it gives senators leverage that they need on tangential or otherwise wholely unrelated issues. Keep your eyes on Sens. Max Baucus (D-MT) and Mary Landrieu (D-LA)for this.

This all squares with what Senate Commerce Cmte. Chairman Ted Stevens said yesterday:

Stevens told Connaughton and four other nominees for other positions who were also there for hearings that he didn’t foresee any problems with their nominations. Stevens said the committee would try to get them approved soon.

“They’ll go on the calendar and then they’re subject to review by all of the members of the Senate,” Stevens said of the nominations.

“We’ll do our best to get them [the nominations] to appear before the end of next week, when we expect to recess,” Stevens said.

So, it is possible that Sean will be confirmed before the Senate recess next Friday, but there will be plenty of twists and turns between now and next weekend.

Categories: PWC Politics_, Congress_

Isn’t it ironic…..

Don’t ya think?

Born Fighting: The WebbLog – Born Fighting
Dude, Where’s Your Independence?
Felix: Pay Attention

(Your Rubber Stamping of Bush Is Killing You Brother)

Note to George Felix Allen from Webb spokesman Steve Jarding: OK, here’s the problem Senator. When all of your responses to George W. Bush resemble a bobble-headed dog in the back window of the family Buick, you get in trouble. […]

Posted: July 27, 2006, 12:54pm Eastern Daylight Time

Raising Kaine RSS Feed
Dude, Where’s Your Independence?
From the Webb campaign:
Felix: Pay Attention

(Your Rubber Stamping of Bush Is Killing You Brother)

Note to George Felix Allen from Webb spokesman Steve Jarding: OK, here’s the problem Senator. When all of your responses to George W. Bush resemble a bobble-headed dog in the back window of the family Buick, […]

Posted: July 27, 2006, 12:48pm Eastern Daylight Time

Interesting that this hit Raising Kaine before Webb’s own site. Where’s YOUR independence, huh?

Isn’t it ironic….

Be sure to check out Jason Kenney’s thoughts on this.

Categories: 2006 Elections_, Virginia Politics_, Blogging_

RPV Counsel Gives Green Light For PWC Convo

John Padgett, General Counsel for the Republican Party of Virginia, has given the green light for the PWC GOP to hold a nominating convention to select its candidate for Chairman in the upcoming special election to fill the unexpired term of Chairman Sean Connaughton. Padgett, in his written opinion that will be distributed at the next PWC GOP Cmte. meeting on Monday, July 31, addresses the issue of holding a convention to nominate a candidate for an election that has not even been called yet.

Since Connaughton has yet to be confirmed by the Senate and resign his chairmanship, technically there is not yet an election in need of a GOP nominee. As a result, we are existing in “The Twilight Zone” — we know there will be a vacancy and an ensuing special election, but there isn’t a vacancy yet and no special election has been called. Padgett’s opinion offers much needed guidance in this situation since the Code of Virginia, RPV Party Plan, PWC GOP By-laws and Robert’s Rules of Order are all silent on this issue.

Categories: PWC Politics_, 2006 Elections_

“750 Years Of American Independence”

The Onion does it again, this time skewering Wikipedia, the reader-edited encyclopedia. (Caution, the article linked to includes some adult language.)

Here’s a sample of the humor you’ll find:

It also features detailed maps of the original colonies—including Narnia, the central ice deserts, and Westeros—as well as profiles of famous American historical figures such as Benjamin Franklin, Special Agent Jack Bauer, and Samuel Adams who is also a defensive tackle for the Cincinnati Bengals.

Categories: Humor_, History_

Isn’t it ironic…..

Don’t ya think?

Born Fighting: The WebbLog – Born Fighting
Dude, Where’s Your Independence?
Felix: Pay Attention

(Your Rubber Stamping of Bush Is Killing You Brother)

Note to George Felix Allen from Webb spokesman Steve Jarding: OK, here’s the problem Senator. When all of your responses to George W. Bush resemble a bobble-headed dog in the back window of the family Buick, you get in trouble. […]

Posted: July 27, 2006, 12:54pm Eastern Daylight Time

Raising Kaine RSS Feed
Dude, Where’s Your Independence?
From the Webb campaign:
Felix: Pay Attention

(Your Rubber Stamping of Bush Is Killing You Brother)

Note to George Felix Allen from Webb spokesman Steve Jarding: OK, here’s the problem Senator. When all of your responses to George W. Bush resemble a bobble-headed dog in the back window of the family Buick, […]

Posted: July 27, 2006, 12:48pm Eastern Daylight Time

Interesting that this hit Raising Kaine before Webb’s own site. Where’s YOUR independence, huh?

Isn’t it ironic….

Be sure to check out Jason Kenney’s thoughts on this.

Categories: 2006 Elections_, Virginia Politics_, Blogging_

RPV Counsel Gives Green Light For PWC Convo

John Padgett, General Counsel for the Republican Party of Virginia, has given the green light for the PWC GOP to hold a nominating convention to select its candidate for Chairman in the upcoming special election to fill the unexpired term of Chairman Sean Connaughton. Padgett, in his written opinion that will be distributed at the next PWC GOP Cmte. meeting on Monday, July 31, addresses the issue of holding a convention to nominate a candidate for an election that has not even been called yet.

Since Connaughton has yet to be confirmed by the Senate and resign his chairmanship, technically there is not yet an election in need of a GOP nominee. As a result, we are existing in “The Twilight Zone” — we know there will be a vacancy and an ensuing special election, but there isn’t a vacancy yet and no special election has been called. Padgett’s opinion offers much needed guidance in this situation since the Code of Virginia, RPV Party Plan, PWC GOP By-laws and Robert’s Rules of Order are all silent on this issue.

Categories: PWC Politics_, 2006 Elections_

"750 Years Of American Independence"

The Onion does it again, this time skewering Wikipedia, the reader-edited encyclopedia. (Caution, the article linked to includes some adult language.)

Here’s a sample of the humor you’ll find:

It also features detailed maps of the original colonies—including Narnia, the central ice deserts, and Westeros—as well as profiles of famous American historical figures such as Benjamin Franklin, Special Agent Jack Bauer, and Samuel Adams who is also a defensive tackle for the Cincinnati Bengals.

Categories: Humor_, History_

Connaughton Senate Hearing — Questions

The hearing is over and there were very few questions for any of the nominees.

Next up, waiting for the Senate Commerce Cmte. to schedule a business meeting to vote on recommending the nominees to the full Senate. This could happen before they recess for Aug. next Friday, Aug. 4, if they move quickly. Otherwise, it won’t be until early Sept. After that, the nomination will head to the full Senate for a final confirmation vote.

Categories: PWC Politics_, Congress_