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HB265

Removal of public officers from office; petition requirements, procedure.

Status:
Vetoed

Latest Action: April 17, 2024
House: House sustained Governor's veto

Chief Patron:
Marcus Simon (D)

Session:
2024 Regular Session

Summary

As Passed Both Chambers. Removal of public officers from office; petition requirements; procedure.

Requires the signatures collected on a petition for removal of certain public officers to be collected within 90 days of the first signature being collected and provides that no signatures gathered after such period shall count toward the required number. The attorney for the Commonwealth is required to request that the court dismiss the petition, and the court is required to do so, if the factual or legal allegations made by the petition are not materially different than the factual or legal allegations set forth in a previously filed petition or litigated in a trial pursuant to a previously filed petition that was against the same subject and that was dismissed with prejudice or that did not result in the subject's removal from office at trial. The bill also provides that, in proceedings to remove a public officer from office, if the attorney for the Commonwealth who would be responsible for reviewing a removal petition and determining whether valid grounds for removal exist or for representing the Commonwealth at a removal proceeding has a conflict of interest or is otherwise unavailable, the Chief Justice of the Supreme Court of Virginia shall appoint an alternate attorney for the Commonwealth. Lastly, the bill provides that discovery shall not be permitted prior to a determination that the petition states valid grounds to proceed to trial. (Less)

  • Bill History

  • 01/05/2024 - House: Prefiled and ordered printed; offered 01/10/24 24104458D
  • 01/05/2024 - House: Referred to Committee on Privileges and Elections
  • 01/26/2024 - House: Assigned P & E sub: Election Administration
  • 01/29/2024 - House: Subcommittee recommends reporting (8-Y 0-N)
  • 02/02/2024 - House: Reported from Privileges and Elections (21-Y 1-N)
  • 02/06/2024 - House: Impact statement from DPB (HB265)
  • 02/06/2024 - House: Read first time
  • 02/07/2024 - House: Read second time and engrossed
  • 02/08/2024 - House: Read third time and passed House (58-Y 37-N)
  • 02/08/2024 - House: VOTE: Passage (58-Y 37-N)   Close Floor Vote
  • 02/09/2024 - Senate: Constitutional reading dispensed
  • 02/09/2024 - Senate: Referred to Committee on Privileges and Elections
  • 02/27/2024 - Senate: Senate committee, floor amendments and substitutes offered
  • 02/27/2024 - Senate: Reported from Privileges and Elections with substitute (10-Y 5-N)
  • 02/27/2024 - Senate: Committee substitute printed 24108120D-S1
  • 02/29/2024 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 03/01/2024 - Senate: Read third time
  • 03/01/2024 - Senate: Passed by for the day
  • 03/01/2024 - House: Impact statement from DPB (HB265S1)
  • 03/04/2024 - Senate: Read third time
  • 03/04/2024 - Senate: Reading of substitute waived
  • 03/04/2024 - Senate: Committee substitute agreed to 24108120D-S1
  • 03/04/2024 - Senate: Engrossed by Senate - committee substitute HB265S1
  • 03/04/2024 - Senate: Passed Senate with substitute (22-Y 17-N)   Close Floor Vote
  • 03/05/2024 - House: Senate substitute agreed to by House 24108120D-S1 (63-Y 37-N)
  • 03/05/2024 - House: VOTE: Adoption (63-Y 37-N)   Close Floor Vote
  • 03/25/2024 - House: Enrolled
  • 03/25/2024 - House: Bill text as passed House and Senate (HB265ER)
  • 03/25/2024 - Senate: Signed by President
  • 03/26/2024 - House: Signed by Speaker
  • 03/27/2024 - House: Enrolled Bill communicated to Governor on March 27, 2024
  • 03/27/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
  • 04/04/2024 - House: Impact statement from DPB (HB265ER)
  • 04/08/2024 - Governor: Vetoed by Governor
  • 04/17/2024 - House: House sustained Governor's veto

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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