Jen Kiggans’ win expected to tee up a special election to fill her state senate seat

Republican Jen Kiggans’ win over incumbent Democrat Elaine Luria in the race for Congressional District 2 on Tuesday sets the stage for a special election to fill Kiggans’ state senate seat.

Kiggans has another year left in her Virginia senate term representing District 7, which includes parts of Norfolk and Virginia Beach. But her win over Luria means she will have to step down from the seat, and a special election held to chose her replacement.

Election Day results, including Kiggans’ win, will be certified on Tuesday so a special election has not yet been ordered.

Under Virginia law, the governor, Speaker of the House, President pro tempore of the Senate, or either house of the General Assembly issues a writ of election for the office to filled and sets when the election will be held. The Republican and Democratic parties can each nominate a candidate, and independents can also file, according to Virginia Department of Elections spokesperson Andrea Gaines.

Senate President Pro Tempore Louise Lucas wrote on Twitter Thursday that she is “consulting with my colleagues on both sides of the aisle” on the timing of a special election and that she “will make an announcement once I have made a decision.”

Because the special election has not yet been officially ordered, no candidates are able to officially file to run for the seat, Gaines said.

“The filing timeline [for the candidates] will depend on what date the special election is set for in the writ,” Gaines said in an email. “Voting will work the same as it does for any other election. Parties will decide their method of nomination, but the Code specifies that there is no primary to nominate candidates.”

As far as the potential timing of a special election, Gaines said Virginia law only requires that a special election be held “promptly.” Last election cycle, the special election to fill Del. Jay Jones’ House District 89 seat was held on Jan. 11, the day before the General Assembly convened for its regular session.

Democrats currently have a 21-19 majority in the narrowly divided Virginia senate.

The Virginia Supreme Court approved redistricting proposals last year which established new congressional and state legislative districts. While redistricting played a role in Luria’s loss to Kiggans, it will not be a factor in a special election for Kiggans’ state senate seat.

Kiggans was elected to her state senate seat in 2019, before the districts were redrawn. This means the same District 7 voters, from parts of Norfolk and Virginia Beach, who elected Kiggans in 2019 will get to elect her replacement.

Under the state’s redistricting plan, Kiggans’ current District 7 will be split into two new districts: District 20 and District 22. District 20 will encompass some parts of north and central Virginia Beach, Norfolk’s East Beach, and the Eastern Shore. District 22 will encompass areas on the western side of Virginia Beach.

When Kiggans’ replacement comes up for reelection in 2023, that person will have to run for office in the district in which they reside and are registered to vote in, Gaines explained.

“They would have to reside in one or the other [District 20 or District 22] in order to be eligible to run and be elected,” she said.

Gavin Stone, 757-712-4806, gavin.stone@virginiamedia.com