" . . . . This item is on Council's October 1 agenda for purposes of discussion.

Section 5 (d) of the City Charter provides that 'the election of councilmen shall be held in May of 1972, and biennially thereafter.' See also Virginia Code § 24.2-222 (any election of councilmen of a city whose charter provides for such elections at two-year or four-year intervals shall take place at the May general election of an even-numbered year). A state statute passed by the 2000 General Assembly, Virginia Code § 24.2-222.1, provides, however, as follows:

A. Notwithstanding the provisions of § 24.2-222, the council of a city or town may provide by ordinance that the . . . council shall be elected at the November general election date, for terms to commence January 1. No such ordinance shall be adopted between January 1 and the May general election of the year in which city or town elections regularly are scheduled to be held therein.
. . . .

D. No term of a mayor or member of council shall be shortened in implementing the change to the November election date. Mayors and members of council who were elected at a May general election and whose terms are to expire as of June 30 shall continue in office until their successors have been elected at the November general election and have been qualified to serve.

City Council may therefore move the election for Council members from May to November by passing an ordinance to that effect, as long as the ordinance is not adopted during the four month period between January 1 and the date of the May municipal election. The statute also provides that the registered voters of a locality can petition for a referendum on the question of moving the election to November. The petition must be signed by at least ten percent of the registered voters in the city and filed with the local circuit court. Upon receiving the petition, the court orders the election officials to conduct the referendum, which is binding and not advisory. If a majority of those voting are in favor of the change, the council thereafter will be elected in November.

At this point City Council has several options. If you would like the City Council election to remain in May, no further action is necessary. If Council would like to get additional input on this issue, you could schedule a public hearing for a future Council meeting, or request another organization, such as the League of Women Voters, to conduct a public forum on the proposed change. If Council is ready to go forward with the change, we can draft the appropriate ordinance and advertise it for a future Council meeting.

As with all changes to voting procedures, a proposed change of the time of election from May to November would be subject to review and preclearance by the United States Justice Department under the Federal Voting Rights Act." (Craig Brown, Charlottesville City Attorney, September 24, 2001)