Virginia lawmaker’s promotion to judge triggers unusual special election

“I Voted” stickers spread out on a table at a polling place in Richmond. (Ned Oliver/Virginia Mercury)

A Southwest Virginia delegate’s resignation last month to become a judge has triggered a snap special election for a General Assembly district that will cease to exist in a few months.

Former Del. Jeff Campbell, a Republican attorney from Smyth County, resigned from his House of Delegates seat on July 14 after receiving a judicial appointment to fill a general district court vacancy.

On Friday Gov. Glenn Youngkin issued an order calling an Aug. 29 special election for the district, which covers Carroll and Wythe counties and part of Smyth. The last day for candidates to file is Aug. 9, according to the order posted on a state website.

The special election in a strongly Republican area isn’t expected to be politically competitive, but it comes as a surprising complication for election officials preparing for the start of early voting on Sept. 22.

Several other House seats have been vacant for months with no plans to fill them prior to November, when all 140 General Assembly seats are on the ballot to represent new political districts that supersede all existing districts. But due to a strange mix of events, Youngkin’s team concluded it was legally required to call a special election to fill Campbell’s old seat, regardless of how unnecessary it might seem.

Jed Arnold, Campbell’s longtime legislative aide, is expected to run in both the special election and the general election.

According to multiple GOP aides, Youngkin’s hand was forced by a new law that took effect July 1.

That law, meant to encourage speedier elections to fill General Assembly vacancies and prohibit parties from trying to gain a partisan advantage by leaving seats open during legislative sessions, requires political leaders to issue a writ of election within 30 days of a vacancy occurring. Several other House seats are currently vacant and are expected to remain empty for the rest of the year. But because those vacancies occurred before July 1, the new 30-day rule doesn’t apply to them.

The special election for Campbell’s former seat couldn’t be timed to coincide with the Nov. 7 general election, partly because the state’s system isn’t built for the possibility that voters would be casting ballots in two different House districts at the same time. State law also sets limits on holding special elections shortly before a term ends, which would preclude having a special election late this year.

The situation arose partly due to the timing of Campbell’s departure. If he had resigned just a few weeks earlier, prior to July 1, his seat could have remained empty like the others. If he had waited until late August or early September, Youngkin could potentially have had enough time to wait it out due to another section of state law that says no special elections can take place within 55 days of a general election.

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by Graham Moomaw, Virginia Mercury August 4, 2023

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A veteran Virginia politics reporter, Graham grew up in Hillsville and Lynchburg, graduating from James Madison University and earning a master's degree in journalism from the University of Maryland. Before joining the Mercury in 2019, he spent six years at the Richmond Times-Dispatch, most of that time covering the governor's office, the General Assembly and state politics. He also covered city hall and politics at The Daily Progress in Charlottesville.