There shall be elected by the qualified voters of each county and city a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue. The duties and compensation of such officers shall be prescribed by general law or special act.
Regular elections for such officers shall be held on Tuesday after the first Monday in November. Such officers shall take office on the first day of the following January unless otherwise provided by law and shall hold their respective offices for the term of four years, except that the clerk shall hold office for eight years.
The General Assembly may provide for county or city officers or methods of their selection, including permission for two or more units of government to share the officers required by this section, without regard to the provisions of this section, either (1) by general law to become effective in any county or city when submitted to the qualified voters thereof in an election held for such purpose and approved by a majority of those voting thereon in each such county or city, or (2) by special act upon the request, made after such an election, of each county or city affected. No such law shall reduce the term of any person holding an office at the time the election is held. A county or city not required to have or to elect such officers prior to the effective date of this Constitution shall not be so required by this section.
The General Assembly may provide by general law or special act for additional officers and for the terms of their office.
Section 5. County, city, and town governing bodies.
The governing body of each county, city, or town shall be elected by the qualified voters of such county, city, or town in the manner provided by law.
If the members are elected by district, the district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. When members are so elected by district, the governing body of any county, city, or town may, in a manner provided by law, increase or diminish the number, and change the boundaries, of districts, and shall in 1971 and every ten years thereafter, and also whenever the boundaries of such districts are changed, reapportion the representation in the governing body among the districts in a manner provided by law. Whenever the governing body of any such unit shall fail to perform the duties so prescribed in the manner herein directed, a suit shall lie on behalf of any citizen thereof to compel performance by the governing body.
Unless otherwise provided by law, the governing body of each city or town shall be elected on the second Tuesday in June and take office on the first day of the following September. Unless otherwise provided by law, the governing body of each county shall be elected on the Tuesday after the first Monday in November and take office on the first day of the following January.
Section 6. Multiple offices.
Unless two or more units exercise functions jointly as authorized in Sections 3 and 4, no person shall at the same time hold more than one office mentioned in this article. No member of a governing body shall be eligible, during the term of office for which he was elected or appointed, to hold any office filled by the governing body by election or appointment, except that a member of a governing body may be named a member of such other boards, commissions, and bodies as may be permitted by general law and except that a member of a governing body may be elected or appointed to fill a vacancy in the office of mayor or board chairman if permitted by general law or special act.
The amendment ratified November 6, 1984 and effective January 1, 1985—After "as may be permitted by general law", added "and except that a member of a governing body may be elected or appointed to fill a vacancy in the office of mayor or board chairman if permitted by general law or special act".
Code City of Fairfax, Virginia Codified through Ord. No. 2003-10, enacted April 8, 2003.
Sec. 3.1. Election of councilmen and mayor.
On the first Tuesday in May, 1972, and in every second year thereafter there shall be held a general city election at which shall be elected by the qualified voters of the city at large six members of the council and a mayor for terms of two years. The terms of council members and mayor are to begin on the first day of July following their election.
All elections held pursuant to the prior provisions of this section are hereby ratified and confirmed.
(Acts 1972, ch. 12, § 1; Acts 1984, ch. 205, § 1)
Sec. 3.2. Nomination of candidates.
Candidates for the office of councilmen and mayor may be nominated under general law. There shall be printed on the ballots used in the election of councilmen the names of all candidates who have been so nominated.
Sec. 3.3. Conduct of general municipal election.
The ballots used in the election of councilmen and mayor shall be without any distinguishing mark or symbol. Each qualified voter shall be entitled to cast one vote for each of as many as six (6) council candidates and no more. In counting the vote, any ballot found to have been voted for more than six (6) council candidates shall be void as to those votes, but no ballot shall be void for having been voted for a less number. The six (6) council candidates and the candidate for mayor receiving the highest number of votes cast in such election shall be declared elected. The general laws of the commonwealth relating to the conduct of elections, so far as pertinent, shall apply to the conduct of the general municipal election.
