Code of Virginia - Title 24.2 Elections - Section 24.2-232 Vacancy occurring when officer determined

§ 24.2-232. Vacancy occurring when officer determined "mentally incompetent" (incapacitated)

A person who is determined to be incapacitated in a judicial proceeding as provided for in Chapter 10 (§ 37.2-1000 et seq.) of Title 37.2 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 10 (§ 37.2-1000 et seq.) of Title 37.2, 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.)

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Last modified: April 16, 2009