Laws governing recall in Virginia
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A recall 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.
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. Click here for more information.
Offices subject to recall
Federal officials
The U.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 of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here 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 the Virginia Governor by impeachment is provided for in the Virginia 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 state Circuit 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 the Supreme Court of Virginia.[7]
Filling vacancies
If an official is recalled, the general procedure is to follow the laws set out for filling vacancies under Virginia Code Title 24.2 - Elections. For instance, when Mayor 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 Tennessee. 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 on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ 2.0 2.1 2.2 Code of Virginia, "§ 24.2-233," accessed: July 17, 2013
- ↑ National Conference of State Legislatures, "Recall of State Officials," Last updated June 6, 2012
- ↑ 61 Virginia Law Review 1799, 1818 (1975)
- ↑ 5.0 5.1 Code of Virginia, "§ 24.2-235," accessed: July 17, 2013
- ↑ Code of Virginia, "§ 24.2-236," accessed: July 17, 2013
- ↑ 7.0 7.1 7.2 Code of Virginia, "§ 24.2-237," accessed: July 17, 2013
- ↑ Washington Examiner, "Voters oust Portsmouth mayor again," July 14, 2010
- ↑ The Virginian-Pilot, "Former Vice Mayor Griffin will be interim mayor of Portsmouth," July 27, 2010
