When a state of emergency has been declared, State Code Section 24.2-603.1 allows the Governor to issue an executive order to defer the local election by 14 days, and, if this time period is deemed to be not long enough by a locality, allows each locality to petition the Virginia Supreme Court for an additional deferral of up to 30 days from the originally-scheduled election date. 

I do not read the statute to allow localities to petition the Supreme Court unless the governor has first issued an executive order, which has not occurred.  Therefore, I do not believe that the ability to seek deferral of the election under this statute is available to us at this time.

However, the Town Council could direct staff to request that the General Assembly extend the May 2020 Town Election to November, as suggested by the Governor, and to send such request to the Town’s representatives, Sen. Bell, and Del. LaRock.  Further, the Town Council could direct staff to seek support for this measure from the Virginia Municipal League and the Northern Virginia Regional Commission.  Further, the Town Council can direct staff to prepare a petition requesting that the election be postponed until Tuesday, June 2, 2020 (or as late as Thursday, June 4, 2020), and to submit the petition to the Virginia Supreme Court promptly in the event that the governor exercises his authority to defer the local election 14 days by executive order, pursuant to Va. Code Section 24.2-603.1.

I move that Town Council direct staff to request an extension of the May, 2020 Town election to November, 2020, as recommended by Governor Northam, and to send such request to Sen. Bell and Del. LaRock.  I further move that Town Council direct staff to seek support for this measure from VML, NVRC, and other governmental associations.

I further move that Town Council direct staff to send a request to the Governor’s office to issue an executive order under Va. Code Section 24.2-603.1, extending the local election by 14 days, and to seek support for this request from elected representatives, the Virginia Municipal League, and the Northern Virginia Regional Commission. 

I further move that Town Council direct staff to prepare a petition to the Virginia Supreme Court, for prompt submission in the event the Governor exercises his authority to defer the local election by 14 days, pursuant to Va. Code Section 24.2-603.1, with such petition to request that the election be deferred until ____________________ (maximum extension is Thursday June 4, 2020).