Governor Bob McDonnell has set September 4, 2012 as the date of a special election to fill the seats for Senate District 5 and House District 45. The District 5 seat was previously held by the late Senator Yvonne Miller, who passed away July 3, 2012. The District 45 seat is currently held by Delegate David Englin, who announced his resignation effective August 31, 2012.

Governor McDonnell stated in his press release that the timing of the special election will allow the new senator and delegate adequate time to prepare for the 2013 legislative session, as well as allow time to hold a subsequent special election if needed.