➔ SB1328 proposes common sense reforms to adjust the recall process so that it is uniform throughout the Commonwealth, limiting recall petitions to defined time periods and increasing the number of signatures needed to trigger a recall proceeding. The proposed process will be less susceptible to misuse than the one now in place. SB1431 proposes additional reforms as recommended by the Boyd-Graves Commission of the Virginia Bar Association to update the statute to reflect case law.
➔ SB1328 does not change the existing legal standards for removing an official. SB1431 clarifies that an elected official may be subject to recall for negligence only for neglect of a clear ministerial duty of the office, or for misuse or incompetence in the performance of the duties of the office. Consequently, SB1431 confirms that recall is not a remedy for potential concerns about the official's views or conduct in other contexts. This approach is in line with recommendations of the Boyd-Graves Commission.
➔ SB1328 will not cause localities to incur additional costs.