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I was glad to see local TV station WAVY discuss some of the issues related to the law change and its effect on the situation in Portsmouth regarding the recall of the mayor. City Attorney Tim Oksman provided the station with a legal review (pdf) of what could happen.
Gotta love this part:
If a person obtains enough signatures to be a candidate on the recall ballot, and the person is elected, is he or she the Mayor? Maybe so, maybe not. There is no clear answer to this question, because the new state law will take effect on July 1, and the recall election, if it occurs, will be after July 1. Again, the new law does not affect the recall election itself — but it does affect how a vacancy created by a successful recall will be filled. If the Charter applies to filling the vacancy, then the person who is on the ballot becomes Mayor. But if the new law about filling a vacancy applies, then the election of the Mayor’s successor isn’t valid, because the new law requires that the vacancy be filled by interim appointment of City Council, subject to a later special election. If City Council were to appoint the same person who was elected by the voters, then the question would be moot. But if Council were to appoint a different person from the person chosen in the recall election, then the Court would have to decide which of the two is the real Mayor.
An opinion from the Attorney General would go a long way in clarifying the law. And while he’s at it, look at whether the new law really means the next regularly scheduled election – which means November – or the next regularly scheduled municipal election.This, of course, affects Norfolk’s vacancy as well. Even if Holley resigns Friday, this question will remain.
I know that, although I’m a registered voter in Virginia, I don’t have the right to ask for an AG opinion. (A shame, really, since it seems that the folks who do have the ability are shirking their responsibilities here, not that this is the first time.) Nevertheless, I’m hoping that our AG, on his own, will look at this and render an opinion.
VIVIAN J. PAIGE | All Politics is Local 
2.2-505 concerns official opinions of the Attorney General. I don’t see statutory authority for official opinions unless requested.
I’ve requested a couple in my career when I represented municipalities, and at least in those cases it took months for the office to fulfill the request. Perhaps the Cooch’s Office is a little more diligent than past offices. I would hope so in such a time-sensitive situation.
I’d also caution that AG Opinions are not to be used for interpretive or persuasive authority until the General Assembly has met after the opinion has been issued. Until that occurs, the opinion carries no weight with the Virginia Supreme Court if the outcome is challenged in court (which is almost inevitable in this situation).
Yeah, I know they have to be requested. (Although have we ever determined who requested that opinion he issued about the colleges?) The problem is, as much as people talk about needing an opinion, no one has asked for one!