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Laws governing recall in Virginia

From Ballotpedia

Recall elections

Laws governing recall
Recall efforts by state
Recall efforts by year
Recall efforts by type

Select a state from the menu below to learn more about its laws governing recall elections.

Arecall election is the process by which citizens may remove elected officials from office before the expiration of their terms.This article summarizes the laws governing recall elections in Virginia. Virginia allows for the recall of state and local officials, but the state does not hold recall elections. If citizens collect enough signatures on a recall petition, it is sent to the statecircuit courts for trial.

In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Clickhere for more information.

Offices subject to recall

Federal officials

TheU.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members ofCongress, theSupreme Court has never ruled on whether such recalls are constitutional.^[1] Ballotpedia does not provide coverage of federal recalls. Clickhere for more information.

State and local officials

Code§ 24.2-233 states that "Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court."^[2]

The Virginia Law Review in 1975, the year the recall statutes were enacted, noted of the law, "A single Code article now governs the removal of state and local officers, both elected and appointed, except those whose removal from office is specifically provided for in the Virginia Constitution." The statute can be interpreted to generally mean all locally elected officials can be recalled. However, given ambiguity in the statute language, particularly in regard to court jurisdiction, it is unclear as to what extent the recall process would apply to state officers. There is no precedent of a Virginia state legislator or governor having faced recall, nor has the process been litigated in the courts. Removal of theVirginia Governor by impeachment is provided for in theVirginia Constitution.^[3]^[4]

Process

Prerequisites

Reasons for recall

Code§ 24.2-233 states acceptable reasons for recall when it has "material adverse effect upon the conduct of the office" include:^[2]

Neglect of duty
Misuse of office
Incompetence in the performance

Other acceptable reasons include:

Conviction of a misdemeanor relating to drugs
Conviction of a misdemeanor involving a hate crime

Petition

Signature requirements

The petition for recall must be signed by at least 10% of the number of people who voted in the last election for the office being recalled.^[2] The petition must also detail the reasons for removal.^[5]

Further applicable petition requirement for local recall efforts may be found in§ 24.2-684.1. Potential petitioners should check with their local authorities for the most current and applicable regulations.

Trial

Unlike other states that hold recall elections, when citizens have petitioned for a recall, it is then sent to the stateCircuit Courts for trial.

Trial process

After the petition has been submitted:

The officer subject to recall will receive notice.^[5]
The officer's position may be suspended.^[6]
The attorney for the Commonwealth will represent the state.^[7]
The official subject to a recall trial has the right to demand a trial by jury.^[7]
The results of the trial may be appealed to theSupreme Court of Virginia.^[7]

Filling vacancies

If an official is recalled, the general procedure is to follow the laws set out for filling vacancies underVirginia Code Title 24.2 - Elections. For instance, whenMayor James Holley of Portsmouth was recalled for the second time in 2010, it was the city council who was charge with appointing a temporary successor; if they had failed to do it the process would have been deferred to the courts.^[8]^[9]

Legislation involving recall elections

The table below lists bills related to recall elections in Virginia. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page onBallotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.