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Hanover board authorizes county attorney to file petition to fill sheriff vacancy, outlines special-election timing
Summary
Following Sheriff Colonel David Hines' announced retirement in March, the board authorized the county attorney to petition the circuit court for a special election and agreed it is reasonable to schedule the special election on the Nov. 3, 2026 general election date unless the court orders otherwise.
County Attorney Dennis Walter briefed the Hanover County Board of Supervisors on state code procedures for filling a vacancy in a constitutional officer’s office after Sheriff Colonel David R. Hines announced his retirement effective in March. Walter said by operation of law the highest ranking eligible deputy — currently Lieutenant Colonel Greg (under sheriff) — will assume the sheriff’s duties immediately upon the vacancy, to be later sworn by the circuit court.
Walter explained Virginia Code §24.2-228.1 gives the local governing body 15 days to petition the circuit court to issue a writ of election to fill the vacancy; the board may request a date for the special election but the circuit court sets the date. Walter recommended the board indicate there is no need to hold a special election prior to the default date of the next general election, Nov. 3, 2026, noting administrative burdens around early voting and other scheduled elections.
After discussion the board moved and approved a motion authorizing the county attorney to file a petition with the circuit court to have the upcoming vacancy filled in accordance with state code and to request scheduling the special election for Nov. 3, 2026 (the motion was seconded and carried by voice vote). Walter said he would file the petition in the statutory window and coordinate with the circuit court and sheriff’s office to ensure a seamless transition and that the interim succession by the under sheriff is in place as required by law.
Why it matters: The succession plan maintains continuity in the sheriff’s office and sets an expected timeline for a publicly elected successor, while also flagging administrative steps the board must take if it seeks a special election sooner than the default date.
What’s next: The county attorney will file the petition on the board’s behalf within the statutory timeframe; the circuit court will determine the specific special-election date, potentially honoring the board’s request to use Nov. 3, 2026.
