Chesapeake council votes 6-3 to ask court for November special-election date for sheriff vacancy

The Chesapeake City Council voted 6-3 to ask the Circuit Court to schedule the election to fill the unexpired term of the Chesapeake sheriff on Nov. 4, 2025, the date of the next general election. City Attorney Lindley told council that state statutes require different handling depending on how much time remains in the incumbent's term and that the court has discretion when a requested date falls within statutory timing limits.

Councilmembers debated whether the governing body should request a prompt standalone special election in April 2025 or ask for the November date and let the court decide. Vice Mayor Dietrich K. moved a substitute motion asking for a writ for April 22, 2025, arguing that an earlier election would be "prompt" and allow candidates time to organize; the substitute was seconded and failed in a roll-call vote reported in the transcript as 4-5. After that vote, the original motion asking for the Nov. 4, 2025 date passed 6-3.

In explaining the legal options, City Attorney Lindley told council members that the governing body "shall file this petition" when a vacancy leaves more than 12 months on the term and that the statute provides the court discretion to refuse an election date within 60 days of the term's end. Lindley also said she had spoken with the sheriff to confirm resignation timing and that filing a petition is irrevocable once submitted. Lieutenant Jeremiah Harrell of the Chesapeake Sheriff's Office spoke during public comment urging the council to follow past precedent and avoid an expensive special election, noting prior council practice in 2012.

What happens next: the city attorney will prepare and file the petition with the Circuit Court, indicating the Nov. 4, 2025 date as the council's request. The court will ultimately decide whether to order a special election and may set a different date consistent with statute.