Overview

Both the House of Delegates and the Senate must make a “final determination” when there is a contest in any election for Governor, Lieutenant Governor, or Attorney General. Va. Code Ann. § 24.2-804. This process starts in the each chamber’s Committee on Privileges and Elections, and then the ultimate vote is made “by a majority of the total membership of the General Assembly.” Va. Const. Art. V, § 2.

The respective House or Senate Committee on Privileges and Elections is responsible for hearing contests related to membership of their own chamber. They are also empowered to conduct an investigation into any related allegations. The Committee must then report its findings and recommendations to the full chamber (House or Senate). Va. Code Ann. § 24.2-803(G).

The House or Senate may then choose from three courses of action: (1) agree with the contestant and declare that individual elected; (2) agree with the contestee and confirm the election of that individual; or (3) declare the election void and order a writ of election as if the seat was vacant. Va. Code Ann. § 24.2-803(H).

Election and Vacancy Information of General Membership

• Elected: Members of the Senate are elected every four years in odd-numbered years where the Governor is not up for reelection. Va. Const. Art. IV, § 2; Va. Code Ann. § 24.2-214. Members of the House of Delegates are elected every two years. See Va. Const. Art. IV, § 3; see also Va. Code Ann. § 24.2-215. The next election for both the Senate and the House is November 7, 2023. See Va. Code Ann. § 24.2-214.
• Tiebreaking: In the event of a tie for first place the State Board of Elections will break the tie by drawing lots, i.e., using a random chance method, in a public meeting. Va. Code Ann. § 24.2-674.
• Term of Office
  • Senate: Senators serve four-year terms. Va. Const. Art. IV, § 2; see also Va. Code § 24.2-214.
  • House of Delegates: Delegates serve two-year terms. Va. Const. Art. IV, § 3; see also Va. Code § 24.2-215.
• Qualifications: ****An individual must be at least 21 years of age, a resident of the district, and a qualified voter. Va. Const. Art. IV, § 4.
• Vacancy
  • Member-elect or Occurs during recess: **If a vacancy occurs before the member takes office or occurs during a recess of the General Assembly, the Governor must issue a writ of election to fill the vacancy. Va. Code Ann. § 24.2-216.
  • Occurs during session: If a vacancy occurs during session, the Speaker of the House of Delegates or the President pro tempore of the Senate (whichever is relevant) may immediately issue a writ to call for a special election. Va. Code Ann. § 24.2-216.
  • Both during a recess or during session, the writ must be issued within 30 days of the vacancy or receipt of notification of the vacancy, whichever comes first. If the vacancy occurs or will occur between December 10 and March 1, the writ must order the special election “to be held no more than 30 days from the date of such vacancy.” Va. Code Ann. § 24.2-216.

Election and Vacancy Information of Senate Committee on Privileges and Elections

• Elected: As a standing committee, a nominations report is first submitted by the Senate majority caucus. Then members are elected by a majority vote of Senators present and voting. *Senate Rules r.18.*
• Term of Office: Members serve for four years. *Senate Rules r.18; see also, Va. Const. Art. IV, § 2.*
• Qualifications: They must be members of the Virginia Senate. *Senate Rules r.20(b);* see also, *Senate Rules r.18*
• Vacancy: A nominations report is submitted by the majority caucus of the Senate, and then elected by a majority vote of Senators present and voting. *Senate Rules r.20(b); see also* *Senate Rules r.18.*

Appointment and Vacancy Information of House Committee on Privileges and Elections

• Appointed by: The Speaker of the House of Delegates appoints members to the committee. *House Rules* r.15.
• Term of Office: Members serve for two years.
• Qualifications: They must be members of the Virginia House of Delegates.