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2023 SESSION

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SB 1328 Removal of officers; elected officers and officers appointed to elected office.

Introduced by: Jennifer McClellan-Resigned | Jennifer B. Boysko | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Removal of elected officers and certain appointed officers; petition for removal. Requires signatures for a petition for removal of an officer to be collected within 90 days. No signatures on such petition shall be collected (i) within 75 days of a primary election or party nomination process in which the officer is a candidate and through the date of the next general election if the officer is the winner of the primary election or party nomination process or (ii) on the date of any general or special election in which the officer is a candidate through the thirtieth day after the officer takes office if the officer is the winner of the general or special election. The bill also requires the petition to be signed by a number of registered voters equal to 30 percent of the total number of votes cast at the last election for the office that the officer whose removal is sought holds. Current law requires the petition to be signed by a number of registered voters equal to 10 percent of the total number of votes cast at such election.

SUMMARY AS INTRODUCED:

Removal of officers; elected officers and officers appointed to elected office; recall election. Provides for the removal of elected officers and officers appointed to elected offices, other than those whose removal is specifically provided for in the Constitution of Virginia, through a recall election. The bill provides that an officer is subject to a recall election only after both (i) an application for recall election petition with the required number of official sponsors has been filed with and found to be legally sufficient by the general registrar and (ii) a recall election petition with the required number of voter signatures has been filed with and found to be legally sufficient by the general registrar. The bill requires more than 50 percent of the votes cast in a recall election to be affirmative for recall and removal in order for the officer to be removed and the office to be vacated.