VA HB265 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
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. 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.
Title
Removal of public officers from office; petition requirements, procedure.
Sponsors
Roll Calls
2024-03-05 - House - House: VOTE: Adoption (63-Y 37-N) (Y: 63 N: 37 NV: 0 Abs: 0) [PASS]
2024-03-04 - Senate - Senate: Passed Senate with substitute (22-Y 17-N) (Y: 22 N: 17 NV: 0 Abs: 1) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Reported from Privileges and Elections with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (58-Y 37-N) (Y: 58 N: 37 NV: 0 Abs: 5) [PASS]
2024-02-02 - House - House: Reported from Privileges and Elections (21-Y 1-N) (Y: 21 N: 1 NV: 0 Abs: 0) [PASS]
2024-01-29 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-04 - Senate - Senate: Passed Senate with substitute (22-Y 17-N) (Y: 22 N: 17 NV: 0 Abs: 1) [PASS]
2024-02-29 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Reported from Privileges and Elections with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (58-Y 37-N) (Y: 58 N: 37 NV: 0 Abs: 5) [PASS]
2024-02-02 - House - House: Reported from Privileges and Elections (21-Y 1-N) (Y: 21 N: 1 NV: 0 Abs: 0) [PASS]
2024-01-29 - House - House: Subcommittee recommends reporting (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 2024-04-08 | Governor: Vetoed by Governor | |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB265ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-05 | House | VOTE: Adoption (63-Y 37-N) |
| 2024-03-05 | House | Senate substitute agreed to by House 24108120D-S1 (63-Y 37-N) |
| 2024-03-04 | Senate | Passed Senate with substitute (22-Y 17-N) |
| 2024-03-04 | Senate | Engrossed by Senate - committee substitute HB265S1 |
| 2024-03-04 | Senate | Committee substitute agreed to 24108120D-S1 |
| 2024-03-04 | Senate | Reading of substitute waived |
| 2024-03-04 | Senate | Read third time |
| 2024-03-01 | Senate | Passed by for the day |
| 2024-03-01 | Senate | Read third time |
| 2024-02-29 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-27 | Senate | Committee substitute printed 24108120D-S1 |
| 2024-02-27 | Senate | Reported from Privileges and Elections with substitute (10-Y 5-N) |
| 2024-02-09 | Senate | Referred to Committee on Privileges and Elections |
| 2024-02-09 | Senate | Constitutional reading dispensed |
| 2024-02-08 | House | VOTE: Passage (58-Y 37-N) |
| 2024-02-08 | House | Read third time and passed House (58-Y 37-N) |
| 2024-02-07 | House | Read second time and engrossed |
| 2024-02-06 | House | Read first time |
| 2024-02-02 | House | Reported from Privileges and Elections (21-Y 1-N) |
| 2024-01-29 | House | Subcommittee recommends reporting (8-Y 0-N) |
| 2024-01-26 | House | Assigned P & E sub: Election Administration |
| 2024-01-05 | House | Referred to Committee on Privileges and Elections |
| 2024-01-05 | House | Prefiled and ordered printed; offered 01/10/24 24104458D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 24 | 2 | 233 | (n/a) | See Bill Text |
| 24 | 2 | 235 | (n/a) | See Bill Text |
| 24 | 2 | 237 | (n/a) | See Bill Text |
