Difference between revisions of "Laws governing recall in Virginia"

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{{tnr}}'''Recall of local elected officials''' in [[Virginia]] is available in some jurisdictions.<ref>[http://hamptonroads.com/2010/06/portsmouth-city-council-works-around-subdued-holley?cid=mc ''Hampton Roads'', "Portsmouth City Council works around a subdued Holley", June 20, 2010]</ref>,<ref>[http://www.washingtonexaminer.com/breaking/voters-oust-portsmouth-mayor-again-98402544.html ''Washington Examiner'', "Voters oust Portsmouth mayor again", July 14, 2010]</ref>
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'''Recall of elected officials''' in [[Virginia]] is made available through Virginia statutes. Unlike other states that hold recall elections however, when citizens have petitioned for a recall, it is then sent to the state [[Judgepedia:Virginia Circuit Courts|Circuit Courts]] for trial.
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==Code of Virgina==
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Virginia is one of two states that provide for recall but only though statutes, the other being [[Laws governing recall in Virginia|Montana]]. All provisions are found in <ref name="NCSLstate">[http://www.ncsl.org/legislatures-elections/elections/recall-of-state-officials.aspx ''National Conference of State Legislatures'', "Recall of State Officials," Last updated June 6, 2012]</ref>
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===Who may be recalled?===
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Code [[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 § 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."<ref name="S2-233">[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 ''Code of Virginia'', "§ 24.2-233," Accessed: July 17, 2013]</ref>
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This can be interpreted to mean all local level elected officials can be recalled.
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Whether this would apply to state level officers is unclear given issues with the jurisdiction of the court. There is no precedent either for such recalls as no state legislature or Virginia governor has faced recall.<ref name="NCSLstate"/>
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===Recall reasons===
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Code [[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 § 24.2-233] states acceptable reasons for recall include:<ref name="S2-233"/>
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* Neglect of duty
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* Misuse of office
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* Incompetence in the performance
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When it has "material adverse effect upon the conduct of the office"
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Other acceptable reasons include:
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* Conviction of a misdemeanor relating to drugs
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* Conviction of a misdemeanor involving a "hate crime"
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===Petition requirements===
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The petition for recall must be signed by at least 10% the number of people who voted in the last election for the office.<ref name="S2-233"/> The petition must also detail the reasons for removal.<ref name="S2-235">[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-235 ''Code of Virginia'', "§ 24.2-235," Accessed: July 17, 2013]</ref>
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Further applicable petition requirement for local recall efforts may be found in [http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-684.1 § 24.2-684.1].
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===Trial process===
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After the petition has been submitted:
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* The officer subject to recall will receive notice.<ref name="S2-235"/>
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* The officer's position may be suspended.<ref name="S2-236">[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-236 ''Code of Virginia'', "§ 24.2-236," Accessed: July 17, 2013]</ref>
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* The attorney for the Commonwealth will represent the state.<ref name="S2-237">[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-237 ''Code of Virginia'', "§ 24.2-237," Accessed: July 17, 2013]</ref>
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* The results of the trial may be appealed to the [[Judgepedia:Supreme Court of Virginia]].<ref name="S2-237"/>
  
 
==See also==
 
==See also==

Revision as of 16:17, 17 July 2013

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Recall of elected officials in Virginia is made available through Virginia statutes. Unlike other states that hold recall elections however, when citizens have petitioned for a recall, it is then sent to the state Circuit Courts for trial.

Code of Virgina

Virginia is one of two states that provide for recall but only though statutes, the other being Montana. All provisions are found in [1]

Who may be recalled?

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]

This can be interpreted to mean all local level elected officials can be recalled.

Whether this would apply to state level officers is unclear given issues with the jurisdiction of the court. There is no precedent either for such recalls as no state legislature or Virginia governor has faced recall.[1]

Recall reasons

Code [§ 24.2-233 states acceptable reasons for recall include:[2]

  • Neglect of duty
  • Misuse of office
  • Incompetence in the performance

When it has "material adverse effect upon the conduct of the office" Other acceptable reasons include:

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

Petition requirements

The petition for recall must be signed by at least 10% the number of people who voted in the last election for the office.[2] The petition must also detail the reasons for removal.[3]

Further applicable petition requirement for local recall efforts may be found in § 24.2-684.1.

Trial process

After the petition has been submitted:

  • The officer subject to recall will receive notice.[3]
  • The officer's position may be suspended.[4]
  • The attorney for the Commonwealth will represent the state.[5]
  • The results of the trial may be appealed to the Judgepedia:Supreme Court of Virginia.[5]

See also

References