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Removal of public officers; petition requirements; signature requirements.
Clarifies that the requirement that a petition for the removal of a public officer be signed under penalty of perjury applies only to the person or persons filing such petition with the circuit court.
Registered voters signing the petition for purposes of reaching the required number of signatures shall not be required to sign under penalty of perjury.
The bill also increases the required number of signatures to a number of registered voters in the locality equal to 25 percent, up from 10 percent, of the total number of votes cast at the last election for the office, and requires the signatures to be collected within a 60-day period.
Be it enacted by the General Assembly of Virginia:
1. That §§ 24.2-233 and 24.2-235 of the Code of Virginia are amended and reenacted as follows:
§ 24.2-233. Removal of elected and certain appointed officers by courts.
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:
1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;
2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
a. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana;
b. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or
c. Possession of any controlled substance or marijuana and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;
The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal toten25 percent of the total number of votes cast at the last election for the office that the officer holds.
originally posted by: kwakakev
What does it take for the state legislator to vote a public official out? For Trump it is a 2/3 majority of the senate.
What would happen if Ralph Northam did get arrested for something like drink driving or beating his wife? Would he still hold his position until sentencing? What other checks and balances are available when the office is brought into disrepute and the offender fails to get the message to step down?
Virginia has a process that is similar to recall, but it is not listed here as a recall state because its process, while requiring citizen petitions, calls for a recall trial rather than an election. In Virginia, after a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. In the recall states, the voters decide in an election.
Seems that this bill actually increases the percentage of votes required for removal. Is a bad thing?
a circuit court decides whether a Virginia official will be removed from office
So if someone like Gov Northam has a circuit judge in his pocket ( as we know many politicians today do) then he can just have the activist judge throw it out- just like they’ve been doing already in other places)
originally posted by: mtnshredder
originally posted by: kwakakev
What does it take for the state legislator to vote a public official out? For Trump it is a 2/3 majority of the senate.
What would happen if Ralph Northam did get arrested for something like drink driving or beating his wife? Would he still hold his position until sentencing? What other checks and balances are available when the office is brought into disrepute and the offender fails to get the message to step down?
Here's what I found as far as Virginia's process. It should answer your questions.
Virginia has a process that is similar to recall, but it is not listed here as a recall state because its process, while requiring citizen petitions, calls for a recall trial rather than an election. In Virginia, after a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. In the recall states, the voters decide in an election.
As far as DUI or domestic violence, I think he would hold his position until proven guilty by a court of law unless he voluntarily resigned. I find it interesting that in Virginia the Circuit Courts seem to have final say even after required signatures. Go figure.
originally posted by: mtnshredder
a reply to: Liquesence
Seems that this bill actually increases the percentage of votes required for removal. Is a bad thing?
I don't see increasing the number of signatures required and having to do so in a very short time frame as a good thing.
originally posted by: ThirdEyeofHorus
So if someone like Gov Northam has a circuit judge in his pocket ( as we know many politicians today do) then he can just have the activist judge throw it out- just like they’ve been doing already in other places)
originally posted by: mtnshredder
originally posted by: kwakakev
What does it take for the state legislator to vote a public official out? For Trump it is a 2/3 majority of the senate.
What would happen if Ralph Northam did get arrested for something like drink driving or beating his wife? Would he still hold his position until sentencing? What other checks and balances are available when the office is brought into disrepute and the offender fails to get the message to step down?
Here's what I found as far as Virginia's process. It should answer your questions.
Virginia has a process that is similar to recall, but it is not listed here as a recall state because its process, while requiring citizen petitions, calls for a recall trial rather than an election. In Virginia, after a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. In the recall states, the voters decide in an election.
As far as DUI or domestic violence, I think he would hold his position until proven guilty by a court of law unless he voluntarily resigned. I find it interesting that in Virginia the Circuit Courts seem to have final say even after required signatures. Go figure.
originally posted by: mtnshredder
a reply to: Liquesence
Seems that this bill actually increases the percentage of votes required for removal. Is a bad thing?
I don't see increasing the number of signatures required and having to do so in a very short time frame as a good thing.
originally posted by: ThirdEyeofHorus
So if someone like Gov Northam has a circuit judge in his pocket ( as we know many politicians today do) then he can just have the activist judge throw it out- just like they’ve been doing already in other places)
originally posted by: mtnshredder
originally posted by: kwakakev
What does it take for the state legislator to vote a public official out? For Trump it is a 2/3 majority of the senate.
What would happen if Ralph Northam did get arrested for something like drink driving or beating his wife? Would he still hold his position until sentencing? What other checks and balances are available when the office is brought into disrepute and the offender fails to get the message to step down?
Here's what I found as far as Virginia's process. It should answer your questions.
Virginia has a process that is similar to recall, but it is not listed here as a recall state because its process, while requiring citizen petitions, calls for a recall trial rather than an election. In Virginia, after a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. In the recall states, the voters decide in an election.
As far as DUI or domestic violence, I think he would hold his position until proven guilty by a court of law unless he voluntarily resigned. I find it interesting that in Virginia the Circuit Courts seem to have final say even after required signatures. Go figure.