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Town attorney: petition for special election due Aug. 20; council has 45 days to appoint
Summary
Town Attorney Robert Sprawl told the Aug. 10 Purcellville special meeting that Virginia law requires a petition for a writ of special election by Aug. 20 and that the council has 45 days from the vacancy to make an appointment; if the council does not appoint, the circuit court could appoint or set the election for Nov. 2027.
At the Aug. 10 special meeting, Town Attorney Robert Sprawl outlined statutory deadlines the council must follow after a recent council vacancy.
"According to Virginia code, you all have to file a petition for writ of special election by August 20," Sprawl said, and added that the council then has "45 days to make an appointment to the vacancy." He noted that state code controls over the town charter and that because the vacancy occurred within 90 days of a general election, the court could set the special election for the next general election in November 2027 if the town misses the filing deadline.
Sprawl explained options: the council may petition the circuit court requesting a particular date, or the town may try to hold an earlier special election at its own expense. "A special election ... would be about $15,000," he said, "could be more at this point," noting costs are lower when the election is held on an existing general-election date.
Council members used the presentation to confirm timing: if the council does not appoint within 45 days (which Sprawl said would be around Sept. 21 in this case), the circuit court could step in and make an appointment. The council agreed to continue the meeting and to reconvene before the filing deadline to consider whether to direct the attorney to file the petition.
