HB 265 Virginia House of Delegates · 2024 Regular Session

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

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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Mar 2024
Senate Passage
Mar 2024
Vetoed
Apr 2024
Introduced Jan 5, 2024 Vetoed Apr 8, 2024
Floor votes · Senate Feb 29, 2024 · House of Delegates Feb 8, 2024

How they voted

390
Passed · 1 other
Total votes 40
Feb 29, 2024
D Democratic21
20 Yea 1
95% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
12
Committee
7
Apr 17, 2024
Vetoed
House sustained Governor's veto
lower
Apr 8, 2024
Vetoed
Vetoed by Governor
executive
Mar 26, 2024
Lower · Passed
Signed by Speaker
lower
Mar 25, 2024
Upper · Passed
Signed by President
upper
Mar 25, 2024
Lower · Passed
Bill text as passed House and Senate (HB265ER)
lower
Mar 4, 2024
Upper · Passed
Passed Senate with substitute (22-Y 17-N)
upper
Mar 1, 2024
Upper · Passed
Passed by for the day
upper
Feb 29, 2024
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Feb 27, 2024
Upper · Passed
Reported from Privileges and Elections with substitute (10-Y 5-N)
upper
Feb 27, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 9, 2024
Committee
Referred to Committee on Privileges and Elections
upper
Feb 8, 2024
Lower · Passed
VOTE: Passage (58-Y 37-N)
lower
Feb 8, 2024
Lower · Passed
Read third time and passed House (58-Y 37-N)
lower
Feb 2, 2024
Lower · Passed
Reported from Privileges and Elections (21-Y 1-N)
lower
Jan 29, 2024
Lower · Passed
Subcommittee recommends reporting (8-Y 0-N)
lower
Jan 26, 2024
Committee
Assigned P & E sub: Election Administration
lower
Jan 5, 2024
Committee
Referred to Committee on Privileges and Elections
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marcus Simon
Marcus Simon
DDemocratic
VA
13