State of Elections

William & Mary Law School | Election Law Society

Tag: Virginia Supreme Court

Removing Elected Officials in Virginia: Supreme Court to Clarify Requirements for Petitions for Removal

By: Cody Brandon

The Supreme Court of Virginia is set to consider an appeal that could drastically affect efforts to remove elected officials. Other than those officials for which removal procedures are specified in the Constitution of Virginia, removal procedure is governed by Virginia Code § 24.2-230 et seq. Unlike many other states that use recall elections, these statutes provide for the removal of elected officials by a circuit court for neglect of duty and misuse of office as well as convictions for various drug-related, sexual assault, and hate crimes. The process is initiated when a number of petitioners equal to ten percent of the total number of votes cast at the last election for the office sign a petition for removal stating the grounds for removal. The petitioners must be registered voters residing in the district which the officer serves. Once the action is instituted, the Commonwealth steps in (through a Commonwealth’s Attorney) as the complaining party, and the officer is subjected to a trial of sorts to determine if there are grounds for removal that satisfy § 24.2-233. Continue reading

Past Prisoners at the Polls: The Legality of Vote Restoration to Felons in Virginia

“No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.”

This is the mandate of Article I, § 2 of the Virginia Constitution.  But, how much authority does a Virginia governor really have to restore voting rights to felons? The answer seems to be that a Virginia governor has fairly broad authority to restore voting rights to felons so long as he does so on an individualized basis. The next question becomes: what counts as an individualized basis? That answer may be gleaned from the Virginia Supreme Court’s recent decision not to find Governor McAuliffe in contempt of court for his actions taken in August to restore voting rights to felons.

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