What is the procedure for initiating a recall election of a municipal official?
In Virginia, the procedure for initiating a recall election of a municipal official is set out in the Virginia Code. The first step is to create a petition that includes the name of the official being recalled, as well as the specific reason or reasons for the recall. The petition must be signed by at least 25% of the qualified voters (voters eligible to vote in the municipality) and must be filed with the Clerk of the Circuit Court for the locality in which the official holds office. Once the petition has been filed, the Clerk of the Circuit Court must then certify that it is valid. The Clerk will verify that the petition has been signed by the required number of qualified voters. If the petition is determined to be valid, the Clerk will then issue a writ of election to the governing body of the municipality directing them to hold a recall election. The governing body of the municipality must then hold the recall election within 30 days of the Clerk’s certification. At the recall election, the voters will then decide whether or not the municipal official should be removed from office. If the recall election is successful, the municipal official will be removed from office and a new election will be held to elect a new official for the position. If the recall election is unsuccessful, the official will remain in office.
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