About Special Elections

What Virginians Should Know About Special Elections

Illustration of people voting

Special elections are held to fill vacant elected offices when an officeholder resigns, passes away, is removed, or otherwise leaves office before the end of their term. Depending on the office, a special election is called by the Governor, House Speaker, Senate Pro Tempore, a court or a local governing body.

The election is initiated by issuing a writ of election – an official order directing election officials to begin the process of organizing a special election to fill the vacancy.

Special elections follow the same procedures as any other election.

How special elections work

Federal Offices (U.S. House & Senate)

  • The Governor of Virginia calls special elections to fill vacancies in the U.S. House of Representatives and the U.S. Senate.
    • U.S. House: There is no timeline in Virginia law for when the election must be held, but the U.S. Constitution requires that vacancies be filled by election, not appointment.
    • U.S. Senate: the Governor calls a special election for the remainder of the unexpired term and may appoint someone to serve temporarily until the special election.

Virginia General Assembly (House and Senate)

  • If the General Assembly is in recess or is not in session when the vacancy occurs, the Governor issues the writ of election.
  • If the General Assembly is in session when the vacancy occurs, the writ is issued by the House Speaker or Senate President Pro Tempore.

Local Office

  • Virginia Circuit Courts – usually in the locality where the office is based – call special elections for local offices such as:
    • Sheriff
    • Commonwealth’s Attorney
    • Clerk of Court
    • Treasurer or Commissioner of the Revenue
    • Soil and Water Conservation Directors.
  • In most cases, the local governing body or registrar petitions the court to issue the writ of election.

When are special elections held?

  • The timeline for special elections varies depending on the office. However, Virginia law prohibits holding a special election within 55 days of a general or primary election.
  • Special elections can coincide with a general election but cannot be held the same day as a primary election.
  • All special elections must be held on a Tuesday.

How do candidates qualify for a special election?

  • Political parties may nominate candidates using their internal processes. A primary is not required.
  • Independent candidates must submit petitions with signatures from registered voters in the district.
  • All candidates must meet the qualification and filing deadlines set by the State Board of Elections.

Who can vote in a special election?

  • Any registered voter in the district affected by the vacancy may vote in the special election.
  • Early voting, absentee voting and in-person voting follow the same procedures as any other election.