2023-05-03 Writ of Special Election Dan River District PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2023-05-03
Resolution Directing County Attorney File Petition for Writ of Special Election for
Tuesday,November 7, 2023
VIRGINIA: At Pittsylvania County Board of Supervisors' ("Board") Business Meeting
on May 16, 2023, the following Resolution was presented and adopted:
WHEREAS, the Honorable Timothy W. Chesher ("Chesher"), the Board representative
for the County's Dan River Electoral District, submitted his formal resignation letter on April 20,
2023;thereby, leaving a vacancy in said office effective June 1, 2023; and
WHEREAS, the Dan River Electoral District Board Representative is an elected local
office whose term would next be subject to a General Election on November 4, 2025; and
WHEREAS, Virginia Code § 24.2-226 states that the local governing body must, within
fifteen (15) days of the occurrence of a vacancy in any elected local office, petition the Circuit
Court to issue a Writ of Election to fill said vacancy. This Petition is timely per Virginia Code §
24.2-226; and
WHEREAS,Virginia Code§24.2-226 further expressly states that"either upon receipt of
the petition or on its own motion, the court shall issue the writ ordering the election promptly,
which shall be no later than the next general election in November, or in May if the vacant office
is regularly scheduled by law to be filled at that time,unless the vacancy occurs within 90 days of
the next such general election in which event it shall be held promptly but no later than the second
such general election;"and
WHEREAS,a Special Election on Tuesday,November 7,2023,is(a)not within sixty(60)
days of the end of Chesher's term of office, (b) not within fifty-five (55) days of a Primary or
General Election, and (c) not concurrent with a Primary Election. Therefore, the Tuesday,
November 7,2023, Special Election date fully complies with all the timing requirements contained
in Virginia Code §§ 24.2-226 and 24.2-682; and
WHEREAS, finally, as various State and local elections are already scheduled for that
day, Tuesday, November 7, 2023, will likely have good voter turnout. Moreover, utilizing said
date will also allow the County to not needlessly expend additional financial resources by having
a Special Election on another date.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board hereby officially
directs J.Vaden Hunt,Esq.,County Attorney,to petition the County's Circuit Court Judge to issue
a Writ of Special Election for Tuesday, November 7, 2023, due to the vacancy caused by the
resignation of the County's Dan River Electoral District Board Representative,to fill the remaining
two (2) years of Chesher's term of office.
Given under my hand this 16th day of May, 2023.
iv,
arrell W. Dalton(Ch an)
,i —,,i w ' ittsylvania County Board of Supervisors
•
-' Stuart J. Tunlle lerk)
Pittsylvania County Board of Supervisors
Approved as to Form-
TV
J. Vaden Hunt, Esq.
Pittsylvania County Attorney •
Vote
Darrell W. Dalton(Chairman) Yes
Timothy W. Dudley(Vice-Chairman) Yes
Timothy W. Chesher Yes
William V. ("Vic") Ingram Yes
Robert M. Tucker, Jr. Yes
Ronald S. Scearce Yes
Robert("Bob") W. Warren Yes
Ayes 7 Nays 0 Abstentions 0