New bill could require Virginia Beach City Council to hold special election to fill vacancies

VIRGINIA BEACH — A House of Delegates subcommittee unanimously passed a bill that could change how Virginia Beach handles City Council vacancies.

The council now has 45 days to appoint a new member. Del. Kelly Convirs-Fowler sponsored the measure (HB1528) that would require the city to instead hold a special election when a seat becomes available.

Convirs-Fowler, a Virginia Beach Democrat, told a House subcommittee last week she introduced the bill at the city’s request.

“The language was approved by the (city) attorney,” she said.

No one spoke for or against the legislation.

Virginia Beach’s city charter outlines how to fill council vacancies through appointments. Last fall, the former City Council approved a request for a charter amendment to hold a special election when a seat is unoccupied. It was sponsored by former council member John Moss, who was outspoken on the matter.

The request made it into the city’s legislative agenda, which serves as a guide for Virginia Beach’s General Assembly delegation.

But not all council members want the charter change.

When Rocky Holcomb first joined the body in 2021, voters didn’t elect him. He was appointed by council members to fill a vacancy after a councilwoman resigned before her term was completed. Two other members of the former council also were appointed.

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Holcomb, who was elected in November to represent the newly defined District 1, prefers the appointment option because it fills a seat faster than an election and doesn’t require a candidate to fund a campaign.

“Especially in a new district system, it will prove to be essential because there won’t be a lapse in government,” he said.

Councilwoman Jennifer Rouse, elected for the first time in November, is in favor of holding a special election to fill a vacancy.

“Residents should have a voice in saying who they want making decisions for them,” Rouse said.

A charter change for a locality requires a two-thirds vote of each chamber of the General Assembly to pass, and then the governor’s signature. If that happens, it will become law without a referendum, according to the city.

Staff writer Katie King contributed to this report.

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com