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Official Opinions

 

June 2014 Opinions

Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  They are not "rulings" and do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general. 

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

Opinion #

Requestor

Summary

Mr. Donald Palmer, Secretary, State Board of Elections

An appointment to fill the vacancy of an unexpired electoral board term must reflect political party representation based on the votes for the office of Governor at the last preceding election at the time the appointment for the vacancy is made.  Accordingly, the party of the candidate who prevailed in the most recent gubernatorial election is entitled to recommend the electoral board appointment to fill the vacancy.
Honorable Ryan T. McDougle, Member, Senate of Virginia Although § 22.1-30 applies to school board appointments made by a school board selection commission, it prohibits only an appointment that is made while the relative is serving on the board of supervisors; therefore, § 22.1-30 does not preclude a school board member who was appointed prior to the election of the member’s spouse to the county’s board of supervisors from continuing to serve on the school board after his election.
Honorable T. Scott Harris, Commissioner of the Revenue, Hanover County The terms “original cost” as used in § 58.1-3503(A)(17) and “original total capitalized cost” as used in § 58.1-3507(B) mean the original cost paid by the original purchaser of the property from the manufacturer and not the price paid by the current owner.