Ben Chafin’s Senate seat

This is a matter which went under my radar screen. Apparently, Ralph Northam has the duty based upon the word “shall” to issue a writ for election to replace Virginia State Senator Ben Chafin’s now empty seat because Senator Chafin recently passed away. Shall usually means will or must. Virginia Code Section § 24.2-683: “The Governor shall issue a writ of election to fill the [House or Senate] vacancy. If the vacancy occurs during the session of the General Assembly, the Speaker of the House of Delegates or the President pro tempore of the Senate, as the case may be, shall issue the writ unless the respective house by rule or resolution shall provide otherwise.” Ben Chafin’s demise didn’t occur during a session of the General Assembly so as near as I can figure out no one in Richmond knows what to do. This statute is hopelessly confusing. I think the statute says Northam is required to issue a writ of election if the General Assembly is not in session.