Speaker Howell Sets Date for House Special Election
- 41st House of Delegates District Special Election Set for Tuesday, March 2
- Speaker Acts to Protect the Constitutional Prerogatives of the House

FROM THE OFFICE OF SPEAKER HOWELL

January 15, 2010

Contact: G. Paul Nardo (804) 698-1228, gpnardo@house.virginia.gov or williamjhowell.org

RICHMOND - Virginia House of Delegates Speaker William J. Howell (R-Stafford) today called for a special election to fill the vacancy in the Virginia House of Delegates caused by now-Senator David W. Marsden having not been sworn in on the opening day of the 2010 Session for the 41st House of Delegates District. The date of the Special Election will be Tuesday, March 2, 2010.

In calling this Special Election, the Speaker took a number of factors into consideration.

Section 7 of article IV of the Constitution of Virginia provides that "[e]ach house may direct writs of election for supplying vacancies which may occur during a session of the General Assembly."

When the House convened at 12:00 PM on Wednesday, January 13, 2010, Delegate-elect David W. Marsden did not appear to take the oath of office and become a member of the House. Shortly before the House convened, Delegate-elect Marsden was certified the winner of a special election to fill a vacancy in the Senate of Virginia. He appeared in the Senate chamber at noon and took the oath of office as a senator. Senator Marsden did submit to Speaker Howell, through the Clerk of the House, a letter of resignation effective immediately - which at the time was about 25 minutes before the beginning of the 2010 Session. However, when he submitted that letter, the only office held by now-Senator Marsden was member of the House of Delegates for the term that expired at noon, January 13, 2010.

Speaker Howell has been working the past two days with legal and electoral authorities, as well as the Governor's Office, to resolve this issue in an appropriate and expeditious manner.

"No vacancy occurred in the House of Delegates until it convened at noon on January 13, 2010," said Speaker Howell. "As such, the vacancy in the 41st district occurred during a session of the General Assembly and the responsibility for issuing a writ of election falls to me as the Speaker of the House of Delegates.

"In the interest of comity between the executive and legislative branches, I have decided to call the special election for the date proposed by Governor Kaine. A March 2 special election will help provide opportunities for full participation by all eligible voters."

Below is the text of the Writ of Election and a statement by Speaker Howell:

TO THE SECRETARY OF THE ELECTORAL BOARD OF THE COUNTY OF FAIRFAX:

WHEREAS, vacancies have occurred in the representation in the House of Delegates of Virginia from the Forty-first District composed of the County of Fairfax (part), occasioned by now-Senator David W. Marsden having not been sworn in on the opening day of the 2010 Session for the 41st House of Delegates District.

NOW THEREFORE, In the name of the Commonwealth, you are hereby required to cause an election to be held in your said County on Tuesday, the 2nd day of March 2010, for a member of the House of Delegates to fill the vacancy aforesaid. The last day for filing as a candidate for such office in said election shall be Friday, the 29th day of January 2010, at 5:00 p.m.

Given under my hand as Speaker of the House of Delegates, and under the Lesser Seal of the Commonwealth, at Richmond, this 15th day of January in the year of our Lord two thousand and ten and in the 234th year of the Commonwealth.

William J. Howell
Speaker of the Virginia House of Delegates

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