Brentsville Supervisor Wally Covington III (R) is expected to leave his position if he receives a judicial appointment from the Virginia General Assembly (GA).
Whether the GA will consider Covington's appointment tomorrow or in several weeks is not known.
Diana Dutton, Administrative Manager of the Office of Elections in Prince William County, has been in contact with officials in the General Assembly, who tell her the vote has been delayed due to the budget discussions, because judges cannot be appointed until their salaries have been funded.
Covington applied for the position of General District Court Judge months ago, knowing his nomination would be considered in March.
Should Covington be elected by the assembly, he may decide to resign his position on the Board of County Supervisors immediately, since, according to Virginia Code, he would not be able to cast any votes as an elected official. This would leave the people of the Brentsville District with no direct representation on the Board during budget season.
While some other jurisdictions can appoint someone to the position of supervisor when a supervisor resigns, Prince William County requires a special election.
Dutton said she is unable to accurately predict the date of a special election for the position of Brentsville Supervisor since it depends upon the date of the General Assembly’s appointment.
“Right now the date of a potential Brentsville District Special Election is the $64,000 question. The date will be determined as a result of action by the General Assembly. Once a judge is selected by both bodies of the General Assembly, then the clock begins for legislatively determining when the election will be. The individual elected would assume the office as soon as he or she takes the Oath of Office,” Dutton said.
Mary Kay Felch, a Senior Research Associate with the Virginia Division of Legislative Services, confirmed "there is no current schedule for electing judges by the assembly.”
Should Covington be appointed to the new judgeship, the special election would not immediately follow. It could be two months or more before Brentsville could hold a special election for supervisor. First, the local judge has 15 days in which to issue a writ of election. Then the judge can schedule the special election from 45-60 days out from the date of her writ.
While time is needed for the candidates to campaign, the Prince William County Board of Supervisors will be voting on the tax rate on April 29, so it is likely that Brentsville will not have direct representation at that time.
In the meantime, candidates for Supervisor of the Brentsville District are preparing for news of Covington’s resignation. Those candidates who have registered with the Office of Elections include Republican Jeanine Lawson of Bristow who ran against Covington in 2011, Republican Scott Jacobs of Nokesville, and Democrat Donald B. Shaw II of Gainesville.
Eric Young was also listed as a Democratic candidate, but he has since told Bristow Beat that he has withdrawn his candidacy.
More candidates are welcome to register with the Office of Elections; Dutton said whether primaries will be held is, as always, determined by the political parties.
Neither Supervisor Wally Covington nor his aides have been available for comment.
Dutton also said the county has its attorneys looking over Virginia Code to see what options the jurisdiction has within the boundaries of that code.
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