Laws governing recall in West 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 West Virginia. West Virginia allows for the recall of some local officials but does not allow for the recall of state 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 officials
West Virginia law does not provide for the recall of state officials.
Local officials
In West Virginia, the right of recall extends to any elected officer of a city that has a city charter that provides for recall.
The right of recall in West Virginia does not extend to city officials in non-charter cities or charter cities that do not specifically authorize recall. The right of recall also does not extend to county officials, officials of special districts, members of school boards, members of the West Virginia State Legislature, representatives from West Virginia to the U.S. Congress or to statewide constitutional officers such as the Governor of West Virginia.
Process
Prerequisites
Term length
A recall campaign may begin at any time after the election of the official who is targeted for recall. "Not more than one recall election shall be held with respect to an officer during his term of office," according to WV Code §8-12-4(3).
Reasons for recall
WV Code §8-12-4 does not mention any specific grounds that must be alleged or proven in order to move forward with a recall campaign.
Petition
Signature requirements
According to WV Code §8-12-4(3), "twenty percent of the qualified voters" of the relevant city must sign a petition in order to trigger a recall election.
Circulation timeline
WV Code §8-12-4 does not mention a limit on the number of days within which the signatures must be collected; this implies that there is no such restriction.
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
Footnotes
