A. Except as provided in subsection B or in the case of a recount pursuant to the provisions of Chapter 8 (§ 24.2-800 et seq.), in all elections for the choice of any officer, unless it is otherwise expressly provided, the person having the highest number of votes for any office shall be deemed to have been elected to such office and shall receive the certificate of election.\nB. In an election for a local office in a locality with a population of no more than 4,000 persons, if the person having the highest number of votes for the office is elected by write-in votes and is not qualified to hold such office or declines to assume such office, the person having the second highest number of votes shall be deemed to have been elected to such office and shall receive the certificate of election. In the event that the person having the second highest number of votes is not qualified to hold such office or declines to assume such office, the person having the next highest number of votes shall be deemed to have been elected to such office and shall receive the certificate of election. In the event that the person having the next highest number of votes is not qualified to hold such office be deemed to have been elected to such office and shall receive the certificate of election. In the event that the person having the next highest number of votes is not qualified to hold such office or declines to assume such office, a vacancy shall be declared and filled by special election.\nCode 1950, § 24-276; 1970, c. 462, § 24.1-148; 1993, c. 641; 2023, c. 221.
Virginia Legal Code