Virginia 2023 Regular Session

Virginia Senate Bill SB1431

Introduced
1/11/23  
Refer
1/11/23  
Report Pass
1/31/23  
Engrossed
2/3/23  
Refer
2/8/23  
Report Pass
2/17/23  
Engrossed
2/22/23  
Enrolled
3/7/23  
Chaptered
3/26/23  

Caption

Elected and certain appointed officers; procedure for removal by courts.

Impact

The enactment of SB1431 will revise the Code of Virginia and introduce a standardized process for addressing misconduct among elected officials. This legislative move is intended to bolster public trust in governance by ensuring that officials are held accountable for their actions in office. By allowing citizens to petition for the removal of officials who exhibit misconduct, the bill reinforces the notion of representative accountability, potentially deterring unethical behavior and enhancing the overall integrity of public service.

Summary

SB1431 establishes a legal framework in Virginia for the removal of elected and certain appointed officers by the courts. The bill outlines clear grounds for removal, which include neglect of duty, incompetence, and convictions for specific misdemeanors that adversely affect the official's conduct. It sets forth a systematic procedure that citizens can employ to petition for the removal of such officials, requiring signatures from 10% of the registered voters in the official's jurisdiction. This bill is set to take effect on January 1, 2024, bringing significant changes to how accountability is maintained among elected offices in the state.

Sentiment

The sentiment surrounding SB1431 appears to be largely positive among supporters who advocate for increased transparency and accountability in government. Many believe that enabling the public to challenge the conduct of elected officials is a crucial step toward better governance. However, there are concerns among some stakeholders about the implications of such powers, fearing that this could lead to politically motivated actions against officials, thereby compromising the stability of elected offices.

Contention

Notable points of contention surrounding SB1431 include concerns about balancing the rights of officials with the public's right to seek accountability. Critics argue that while the intentions behind the bill are valid, there is a risk of misuse, wherein political adversaries could exploit the removal process for reasons unrelated to misconduct. This has led to discussions about adding safeguards to prevent frivolous petitions and ensuring that the process does not undermine the stability of governance and elected offices.

Companion Bills

VA HB2289

Same As Elected and certain appointed officers; procedure for removal by courts.

Previously Filed As

VA HB2289

Elected and certain appointed officers; procedure for removal by courts.

VA HB1149

Local officers; removal of elected and certain appointed officers by circuit court.

VA SB1328

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

VA HB265

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

VA HB972

Elections; removal of officers, recall elections, petition for recall.

VA SB495

Elections; removal of officers, recall elections, application for recall petition.

VA SB495

Elections; removal of officers, recall elections, application for recall petition.

VA HB2668

Elections; procedures for removal of electoral board members and general registrars.

VA HB370

Municipal elected officers; authorize removal of using the same process as removal of county elected officers.

VA HB1218

Municipal elected officers; authorize removal of using the same process as removal of county elected officers.

Similar Bills

VA SB1259

Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.

VA HB1157

Attorneys for the Commonwealth; compensation and collection of fees.

VA HB1157

Attorneys for the Commonwealth; compensation and collection of fees.

VA HB2165

Criminal appeals; duties of the Attorney General and attorney for the Commonwealth.

VA HB167

Special grand juries; circuit court to impanel when an unarmed person is killed by law enforcement.

VA HB672

Assistant attorneys for the Commonwealth; Compensation Board to provide for every county and city.

VA SB197

Attorney General; instituting or conducting criminal prosecutions.

VA HB290

Attorney General; instituting or conducting criminal prosecutions.