A person who is determined to be incapacitated in a judicial proceeding as provided for in Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 shall be deemed for purposes of Article II, Section 1 of the Constitution of Virginia and this title to be "mentally incompetent" as that term is used in those provisions. The office of any person who is so determined to be incapacitated, shall become vacant and the vacancy filled in the manner provided by law. Notwithstanding the provisions of Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2, however, any officer shall have a jury trial unless it is waived by him or for him by his counsel of record.
1975, cc. 515, 595, § 24.1-79.4; 1993, c. 641; 1997, c. 921; 1998, c. 582.
Structure Code of Virginia
Chapter 2 - Federal, Commonwealth, and Local Officers
§ 24.2-200. When terms to begin
§ 24.2-201. When term of officer elected to fill vacancy commences and expires
§ 24.2-202. Electors for President and Vice President
§ 24.2-203. Convening of electors; filling vacancies; how electors required to vote
§ 24.2-204. Election of electors and meeting when Congress prescribes a different day
§ 24.2-206. Election and term of United States Senators
§ 24.2-207. Filling vacancies in Senate
§ 24.2-208. Election and term of members of House of Representatives
§ 24.2-209. Filling vacancies in House of Representatives
§ 24.2-210. Election and term of Governor, Lieutenant Governor, and Attorney General
§ 24.2-211. Discharge of duties when office of Governor is vacant or Governor is disabled
§ 24.2-212. Discharge of duties when office of Lieutenant Governor vacant
§ 24.2-213. Filling vacancy in office of Attorney General
§ 24.2-214. Election and term of Senators
§ 24.2-215. Election and term of members of the House of Delegates
§ 24.2-216. Filling vacancies in the General Assembly
§ 24.2-217. Election and terms of constitutional officers
§ 24.2-218. Election and term of county supervisors
§ 24.2-219. Alternative for biennial county supervisor elections and staggered terms
§ 24.2-220. Reversion to quadrennial elections
§ 24.2-221. Time and frequency of referenda on election and term of supervisors
§ 24.2-222. Election and terms of mayor and council for cities and towns
§ 24.2-223. Election and term of school board members
§ 24.2-224. Local elections not otherwise provided for
§ 24.2-226. Election to fill vacancy
§ 24.2-227. Interim appointment by court until vacancy filled by election for certain offices
§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor
§ 24.2-228.1. Election to fill vacancy in constitutional office
§ 24.2-229. Appointees to qualify and give bond in thirty days
§ 24.2-229.1. Legitimacy of votes by appointees
§ 24.2-230. Applicability of article; certain exceptions
§ 24.2-231. Forfeiture of office by person sentenced for commission of certain crimes
§ 24.2-232. Vacancy occurring when officer determined "mentally incompetent" (incapacitated)
§ 24.2-233. (Effective January 1, 2024) Removal of elected and certain appointed officers by courts
§ 24.2-234. Removal of officer appointed for a term certain
§ 24.2-236. Suspension from office pending hearing and appeal
§ 24.2-237. Who to represent Commonwealth; trial by jury; appeal