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SENATE BILL NO. 937
Offered January 8, 2003
Prefiled January 7, 2003
A BILL to amend and reenact 24.2-311 of the Code of Virginia, relating to effective date of decennial redistricting measures; elections following decennial redistricting.
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Patron-- Edwards
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Referred to Committee on Privileges and Elections
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Be it enacted by the General Assembly of Virginia:

1. That 24.2-311 of the Code of Virginia is amended and reenacted as follows:

24.2-311. Effective date of decennial redistricting measures; elections following decennial redistricting.

A. Legislation enacted to accomplish the decennial redistricting of congressional and General Assembly districts required by Article II, Section 6 of the Constitution of Virginia (i) shall take effect immediately without being subject to the requirement in Article IV, Section 13 of the Constitution of Virginia for a four-fifths vote of the members voting in each house for an emergency measure and (ii) shall be implemented for the first general election for the office following the enactment of the legislation. Members of Congress and the General Assembly in office on the effective date of the decennial redistricting legislation shall complete their terms of office and continue to represent the district from which they were elected for that term of office. The elections for their successors shall be held at the November general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the legislation to accomplish the decennial redistricting. Any special election held to fill a vacancy in the office of a member of Congress or the General Assembly shall be held from the district as it existed when the member whose vacancy is being filled was last elected to office.

B. Ordinances adopted by local governing bodies to accomplish the decennial redistricting of districts for county, city, and town governing bodies required by Article VII, Section 5 of the Constitution of Virginia and for elected school boards shall take effect immediately be implemented for the first general election for the office following the adoption of the ordinance. Members of county, city, and town governing bodies and elected school boards in office on the effective date of a decennial redistricting measure shall complete their terms of office and continue to represent the district from which they were elected for that term of office. The elections for their successors shall be held at the general election next preceding the expiration of the terms of office of the incumbent members and shall be conducted on the basis of the districts set out in the measures to accomplish the decennial redistricting. Any special election held to fill a vacancy in the office of a member of a governing body or elected school board shall be held from the district as it existed when the member whose vacancy is being filled was last elected to office.

C. If a vacancy in any such office occurs after the effective date of a decennial redistricting measure and a special election is required by law to fill the vacancy, the vacancy shall be filled from the district in the decennial redistricting measure which most closely approximates the district in which the vacancy occurred.

D. If a decennial redistricting measure adopted by a local governing body adds one or more districts and also increases the size of the governing body or elected school board, an election for the additional governing body or school board member or members to represent the additional district or districts for the full or partial term provided by law shall be held at the next November regularly scheduled general election in any the county or in any, city, or town that regularly elects its governing body in November pursuant to 24.2-222.1, or at the next May general election in any other city or town, which occurs at least 120 days after the effective date of the redistricting measure.

E.D. In the event of a conflict between the provisions of a decennial redistricting measure and the provisions of the charter of any locality, the provisions of the redistricting measure shall be deemed to override the charter provisions to the extent required to give effect to the redistricting plan.


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