Virginia 2022 Regular Session Status: Passed Senate

SB 495 — Elections; removal of officers, recall elections, application for recall petition.

Last action — Continued to 2023 in Privileges and Elections

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Elections; removal of officers; recall elections; petition. Provides for the removal of certain elected officers and officers appointed to elected offices by recall referendum. The bill requires a petition for recall be signed by 30 percent of the total number of votes cast at the last election for the office for which a recall is sought.

Bill Text

What changed in the latest version

351 added · 341 removed

Plain-language change summary

The amendment replaces the previous text regarding the powers and duties of the State Board of Elections. It clarifies that the Board's supervision aims to ensure major risks to uniformity, legality, and purity are assessed and addressed. This change emphasizes a proactive approach to promoting election integrity and uniform practices across electoral boards and registrars.

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SESSION INTRODUCED 22101043D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22105067D SENATE BILL NO.
495 Offered January 12, 2022 N Prefiled January 11, 2022 T A Bbecome effective, 24.2-238, 24.2-682, and 24.2-684.1 of the Code of Virginia;
495 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 1, 2022) (Patron Prior to Substitute––Senator McClellan) A BILL to amend and reenact §§ 24.2-103, 24.2-230, 24.2-233, as it is currently effective and as it shall Code of Virginia by adding in Chapter 2 of Title 24.2 an article numbered 8, consisting of sectionse numbered 24.2-239 through 24.2-244;
to amend the CRde ofhall Virginia by adding in Chapter 2 of Title 24.2 an article numbered 8, consisting of sections numbered 24.2-239 through 24.2-243;
D –––––––––– Patrons––McClellan;
Be it enacted by the General Assembly of Virginia:
Delegate:
1.
Carr U –––––––––– C Referred to Committee on Privileges and Elections Be it enacted by the General Assembly of Virginia:
That §§ 24.2-103, 24.2-230, 24.2-233, as it is currently effective and as it shall become effective, and that the Code of Virginia is amended by adding in Chapter 2 of Title 24.2 an articlenacted S numbered 8, consisting of sections numbered 24.2-239 through 24.2-244, as follows:
E 1.
That §§ 24.2-103, 24.2-230, 24.2-233, as it is currently effective and as it shall become effective, 24.2-238, 24.2-682, and 24.2-684.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 2 of Title 24.2 an article numbered 8, consisting of sections numbered 24.2-239 through 24.2-243, as follows:
A.
E A.
The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and election integrity are (i) identified and assessed and (ii) addressed as necessary to promote election uniformity, legality, and purity.
The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections.
It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promote the proper administration of election laws.
Its supervision shall ensure that major risks to uniformity, legality, and purity.
Electoral boards and registrars shall provide information requested by the State Board and shall follow (a) the elections laws and (b) the rules and regulations of the State Board insofar as they do not conflict with Virginia or federal law.
It shall make rules and regulations and issue instructions and provide information consistent with the election laws to the electoral boards and registrars to promoteTthe proper administration of election laws.
Electoral boards and registrars shall provide information requested by the State Board and shall follow (a) the elections laws and (b) the rules and regulations of thE State Board insofar as they do not conflict with Virginia or federal law.
Upon request and at a reasonable charge not to exceed the actual cost incurred, the State Board shall provide to any instructions or information provided by the State Board to the local electoral boards and registrars.ny B.
Upon request and requesting political party or candidate, within three days of the receipt of the request, copies of any instructions or information provided by the State Board to the local electoral boards and registrars.
The State Board, through the Department of Elections, shall ensure that the members of the electoral boards are properly trained to carry out their duties by offering training annually, or more often, as it deems appropriate, and without charging any fees to the electoral boards for the training.
B.
35 C.
The State Board, through the Department of Elections, shall ensure that the members of thU electoral boards are properly trained to carry out their duties by offering training annually, Br more often, as it deems appropriate, and without charging any fees to the electoral boards for the training.
The State Board, through the Department of Elections, shall conduct a certification program for 36 the general registrars and shall require each general registrar to receive certification through such 37 program from the Department within 12 months of his initial appointment or any subsequent 38 reappointment.
the general registrars and shall require each general registrar to receive certification through such program from the Department within 12 months of his initial appointment or any subsequent T :
The State Board may grant a waiver requested by a local electoral board to extend, on a curriculum for the certification program and standards for completing the program and maintaining certification, including required hours of annual training.
36 reappointment.
No fees shall be charged to a general registrar for any required training as part of the certification program.
The State Board may grant a waiver requested by a local electoral board to extend, on a 37 case-by-case basis, this deadline by up to three months.
The State Board shall review the certification program every four years, or more often as it deems appropriate.
The State Board shall develop a training 38 curriculum for the certification program and standards for completing the program and maintainiTg 39 certification, including required hours of annual training.
D.
No fees shall be charged to a generUl registrar certification program every four years, or more often as it deems appropriate.d shall review the D.
The State Board shall set the training standards for the officers of election and shall develop standardized training programs for the officers of election to be conducted by the local electoral boards and the general registrars.
The State Board shall set the training standards for the officers of election and shall develop standardized training programs for the officers of election to be conducted by the local electoEal boards and the general registrars.
The State Board may institute proceedings pursuant to § 24.2-234 24.2-233 for the removal of any member of an electoral board who fails to discharge the duties of his office in accordance with law.
The State Board may institute proceedings pursuant to § 24.2-234 24.2-233 for the removalSof any member of an electoral board who fails to discharge the duties of his office in accordance with4law.
The State Board may petition the local electoral board to remove from office any general registrar who fails to discharge the duties of his office according to law.
The to discharge the duties of his office according to law.
The State Board may institute proceedings to remove the general registrar and the State Board finds that the failure to remove the general registrars SB495 2 of 7 has a material adverse effect upon the conduct of either the registrar's office or any election.
The State Board may institute proceedingso fails pursuant to § 24.2-234 24.2-233 for the removal of a general registrar if the local electoral board refuses to remove the general registrar and the State Board finds that the failure to remove the general registrar has a material adverse effect upon the conduct of either the registrar's office or any election.
The State Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law.
The State Board may petition a circuit court or the Supreme Court, whichever is appropriate, for a SB495S1 2 of 7 writ of mandamus or prohibition, or other available legal relief, for the purpose of ensuring that elections are conducted as provided by law.
Upon petition, a circuit court An officer may remove be removed from office any elected officer or officer who has been appointed to fill an elective office, residing within upon a petition filed with the circuit court in the jurisdiction of the court where the officer resides, signed by the person or a majority of the members of the authority who appointed him, under any of the following circumstances:
Upon petition, a circuit court may remove from office any elected officer or An officer who has been appointed to fill an elective office, residing within the jurisdiction of for a term established by law by an appointing person or authority that is not given the unqualified power of removal may be removed from office upon a petition filed with the circuit court in the jurisdiction where the officer resides, signed by the person or a majority of the members of the authority who appointed him, under any of the following circumstances:
Upon conviction of a misdemeanor pursuant to Article 1 (§18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
of 7 The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to ten percent of the total number of votes cast at the last election for theIoffice that the officer holds.
The petition must be signed by a number of registered voters who reside within the jurisdiction of of 7 the officer holds.to ten percent of the total number of votes cast at the last election for the office that Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.
N subsequently subject to the provisions of this section for the same criminal offense.not be § 24.2-233.
§ 24.2-233.
(Effective January 1, 2024) Removal of elected and certain appointed officers byT courts.
(Effective January 1, 2024) Removal of certain appointed officers by courts.
R Upon petition, a circuit court may remove from office any elected officer or An officer who has been appointed to fill an elective office, residing within the jurisdiction of for a term established by law by an appointing person or authority that is not given the unqualified power of removal may be remDved from office upon a petition filed with the circuit court in the jurisdiction where the officer resides, following circumstances:a majority of the members of the authority who appointed him, under anyUof the 1.
Upon petition, a circuit court may remove from office any elected officer or An officer who has been an appointing person or authority that is not given the unqualified power of removal may be removed law by from office upon a petition filed with the circuit court in the jurisdiction where the officer resides, signed by the person or a majority of the members of the authority who appointed him, under any of the following circumstances:
For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material Edverse effect upon the conduct of the office;
1.
2.
For neglect of duty, misuse of office, or incompetence in the performance of duties when that effect upon the conduct of the office;incompetence in the performance of duties has a material adverse 2.
Upon conviction of a misdemeanor pursuant to Article 1 (§18.2-247 et seq.) or Article 1.1D (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:
distribute a controlled substance;tribution, or possession with intent to manufacture, sell, give, or b.
a.
Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia;
Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or disb.
Sale, possession with intent to sell, or placing an advertisement for the purpose of sellNng drug paraphernalia;
Possession of any controlled substance and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;
Possession of any controlled substance and such conviction under subdivision a, b, or c hAs a material adverse effect upon the conduct of such office;
S 3.
3.
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Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involvi4g a "hate crime" as that term is defined in § 52-8.5 when the conviction has a material adverse eff5ct upon the4.
Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involviTg a the conduct of such office;
Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, peeping or spying into dwelling or enclosure in violation of § 18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of such office.
orefined in § 52-8.5 when the conviction has a material adverse effect upon 4.
The petition must be signed by a number of registered voters who reside within the jurisdiction of officer holds.ual to 10 percent of the total number of votes cast at the last election for the office that the Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.
Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, peeping or spying into dwelling or enclosure in violation of § 18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371, or indecent exposure of himself or procuring another tS expose such office.iolation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of The petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to 10 percent of the total number of votes cast at the last election for the office that the officer holds.
S Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be sub§ 24.2-236.
Suspension from office pending hearing and appeal.me criminal offense.
T In the event of a judicial proceeding under § 24.2-231, 24.2-232, or 24.2-233, or 24.2-234, the circuit court may enter an order suspending the officer pending the hearing.
Any officer convicted of aTfelony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions.
The court may, in its discretion, continue the suspension the court may appoint some suitable person to act in the officer's place.
The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the jEdicial proceedings result in his favor.
Otherwise, it shall be paid back to the county, city, town, or State Treasurer who paid it.
A.
discretion may require the state agency or political subdivision which the respondent serves to pay courtts costs or reasonable attorney fees, or both, for the respondent.
If a judicial proceeding under this article is dismissed in favor of the respondent, the court in its discretion may require the state agency or political subdivision which the respondent serves to pay court costs or reasonable attorney fees, or both, for the respondent.
B.
circulates such a petition (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1.
No person who signs a petition for the removal of an official pursuant to § 24.2-233 or who circulates such a petition (i) shall be liable for any costs associated with removal proceedingS conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, o4 (ii) shall have sanctions imposed against him pursuanArticle 8.1-271.1.
Article 8.
5 Removal of Elected Officers from Office.
Removal of Elected Officers from Office.
1 § 24.2-239.
§ 24.2-239.
This article shall apply to all elected Commonwealth, constitutional, and local officers, and any Constitution of Virginia specifically provides.ive office except officers for whose removal the B.
This article shall apply to all elected Commonwealth, constitutional, and local officers, and any officer appointed to fill a vacancy in an elective office except officers for whose removal the Constitution of Virginia specifically provides.
SB495S1 4 of 7 B.
"Recall referendum" or "recall" means a referendum on the question of whether or not an officer stated in the recall petition.ll petition for such referendum should be removed from office for grounds SB495 4 of 7 § 24.2-240.
"Recall referendum" or "recall" means a referendum on the question of whether or not an officer identified in a certified recall petition for such referendum should be removed from office for grounds stated in the recall petition.
§ 24.2-240.
Forfeiture of office by person sentenced for commission of a felony.
Any person holding an elected office in the Commonwealth who is convicted of a felony and for whom all rights of appeal under Virginia law have expired shall by such final conviction forfeit his office or post and thereafter may not act therein under his previous election.
A pardon that may be afterwards granted him shall not void the forfeiture.
§ 24.2-241.
§ 24.2-241.
§ 24.2-242.
Conviction of a felony or any offense for which registration is required as defined in § 9.1-902.
Conviction of any offense for which registration is required as defined in § 9.1-902.
"Shall (name of officer), (name of office), be recalled and removed from public office on the grounds that said official has (state the grounds for recall as identified on the certified petition)? Yes [ ] No [ ]" The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board of Elections, the clerk of the locality, and the circuit court;
"Shall (name of officer), (name of office), be recalled and removed from public office on the grounds that said official has (state the grounds for recall as identified on the certified petition)? Yes [ ] No [ ]" The ballots shall be counted, returns made and canvassed as in other elections, and the results certified by the electoral board to the State Board, the clerk of the locality, and the circuit court, and the court shall enter of record the results of the recall referendum.
and the court shall enter of record the results of the recall referendum.
§ 24.2-242.
§ 24.2-243.
An application for a recall petition shall be made on a form approved by the State Board of Elections and distributed by the general registrar.
An application for a recall petition shall be made on a form approved by the State Board and distributed by the general registrar.
The name and office of the person for which the recall is being sought 2.
The name and office of the person for which the recall is being sought.
2.
The designation of one of the sponsors as the petition chairperson who shall represent the sponsors on all matters pertaining to the recall application and petition.
The designation of one of the sponsors as the petition chairperson who shall represent the of 7 spo4.
4.
A statement of the grounds on which the recall is being sought.tion.
A statement of the grounds on which the recall is being sought.
Applications shall be issued by the general registrar, who shall assign a number to each application.
Applications shall be issued by the general registrar, who shall assign a number to each records of applications issued, including the date of issuance and number assigned.
Such number shall appear on the face of each application.
The generalall keep registrar shall immediately notify in writing the public officer named for recall in the application that an application for a recall petition has been officially issued for circulation.
The general registrar shall keep records of applications issued, including the date of issuance and number assigned.
The general registrar shall immediately notify in writing the public officer named for recall in the application that an application for a recall petition has been officially issued for circulation.
The number of official sponsors necessary to file an application for a recall petition must be at least 100 or 10 percent of the number of those who voted in the election for the public official sought to be recalled, whichever is smaller.
The number of official sponsors necessary to file an application for a recall petition must be at least 100 or 10 percent of the number of those who voted in the election for the public official sought to be E.
of 7 E.
If an application for a recallIpetition contains more than one sheet, such application, when offered for filing, shall be bound togetheN and application for a recall petition shall be amended, supplemented, or returned after it has been filed with the general registrar for verification.
If an application for a recall petition contains more than one sheet, such application, when offered for filing, shall be bound together and each sheet shall be numbered consecutively at the foot of each page beginning with page one.
T F.
No application for a recall petition shall be amended, supplemented, or returned after it has been filed with theF.
On receipt of the application, the general registrar shall file the application and immedRately notify in writing the public officer named for recall in the application that a completed application for a recall petition has been filed with the general registrar for verification.
On receipt of the application, the general registrar shall file the application and immedNately notify in writing the public officer named for recall in the application that a completed application for a recall petition has been filed with the general registrar for verification.
The general registrar shall then proceed to determine the legal sufficiency of the application and determine if the signers are Dualified to be sponsors.
The general registrAr shall then proceed to determine the legal sufficiency of the application and determine if the signers are qualified to be sponsors.
The general registrar shall be assisted by the Central Criminal Records Exchange for the registrar finds that any signer is not a qualified voter eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law.
The general registrar shall be assisted by the Central Criminal Records Exchange fTr the registrar finds that any signer is not a qualified voter eligible to sign the application, such signature shall not be counted in determining whether the application contains a sufficient number of signatures as required by law.
The nullification of a signature on an application shall not affect the valEdity of other signatures contained in such application.
The nullification of a signature on an application shall not affect the validity of other signatures contained in such application.
D G.
S issue official recall petition forms, assign a number to the recall petition, which number shall appear onl the face of each petition form, and issue that number to the sponsors.
Upon certifying the sufficiency of the application for a recall petition, the general registrar shall issue official recall petition forms, assign a number to the recall petition, which number shall appear on immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
The general registrar shall immediately notify in writing the public officer named for recall in the application that a recall petition has been officially issued for circulation.
§ 24.2-243.
S § 24.2-244.
A.
general registrar.
The official recall petition shall be on a form approved by the State Board of Elections and distributed by the general registrar.
The form shall include:e on a form approved by the State Board and distributTd by the 1.
The form shall include:
S 1.
4 2.
I 2.
The locality in which the petition is to be circulated 5 herein petitioned, demand the recall of (name and office of the person for which the recall is being sought) on the grounds that said official (the grounds for recall as stated in the recall petition application and verified by the general registrar)." 4.
The locality in which the petition is to be circulated.
Lines for signatures that include adjacent spaces for the printed name of the signer, the signer's residence address, the date on which the petition was signed, and the last four digits of the signer's social security number.
T 3.
The following statement:
"We, the qualified voters registered to vote in the recall referendum herein petitioned, demand the recall of (name and office of the person for which the recall is being application and verified by the general registrar)."ds for recall as stated in the recall petitTon 4.
Lines for signatures that include adjacent spaces for the printed name of the signer, theEsigner's residence address, the date on which the petition was signed, and the last four digits of the signer's social security number.
An affidavit to be signed by the circulator of the recall petition that (i) he is not a minor or a felon whose voting rights have not been restored, (ii) that each of the names on the petition form was signed in his presence on the date indicated and that in his belief each signer was a qualified voter for the office sought to be recalled, and (iii) if he is not a legal resident of the Commonwealth, that he consents to the jurisdiction of the courts of Virginia in resolving any disputes concerning the circulation of petitions, or signatures contained therein.
An affidavit to be signed by the circulator of the recall petition that (i) he is not a minor or a felon whose voting rights have not been restored, (ii) each of the names on the petition form was signed in his presence on the date indicated and that in his belief each signer was a qualified voter Sor the office sought to be recalled, and (iii) if he is not a legal resident of the Commonwealth, that4he consents petitions, or signatures contained therein.ia in resolving any disputes concerning the circulat5on of B.
the petition, who is to execute the affidavit on the petition form.
Every qualified voter signing a recall petition shall do so in the presence of the person1circulating the petition, who is to execute the affidavit on the petition form.
At the time of signing, the qualifiedng voter shall sign his name, and such qualified voter or the person circulating the petition shall, in the appropriate spaces following the signature, print the qualified voter's full name, residence address, and the date on which the qualified voter signed the petition.
At the time of signing, the qualified voter shall sign his name, and such qualified voter or the person circulating the petition shall, in the appropriate spaces following the signature, print the qualified voter's full name, residence address, and the date on which the qualified voter signed the petition.
Each voter signing the petition may provide on the petition the last four digits of his social security number, if any;
SB495S1 6 of 7 Each voter signing the petition may provide on the petition the last four digits of his social security number, if any;
of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature;
If a qualified voter is incapable of signing his own name, he may specifically request the circulator of the petition to sign and print his name and complete the information required on the petition sheet to accompany the signature;
than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor;
1.
or SB495 6 of 7 2.
Any officer for whom not fewer than 5,000 signatures are required for the recall petition if more than 45 days have elapsed since the date the official recall petition forms were issued to the sponsor;
or 2.
Review of the legal sufficiency of recall petitions shall be conducted according to uniform standards approved by the State Board of Elections.
Review of the legal sufficiency of recall petitions shall be conducted according to uniform standards approved by the State Board.
A referendum election shall be ordered at least 81 days prior to the date for which the referendum election is called, except for a recall referendum ordered pursuant to 24.2-241.
A referendum election shall be ordered at least 81 days prior to the date for which the referendum election is called, except for a recall referendum ordered pursuant to § 24.2-242.
In addition to other applicable requirements of law, the following requirements shall apply whenever a referendum election is initiated by voter petitions except for a recall referendum initiated pursuant to Article 8 (§ 24.2-239 et seq.) of Chapter 2.
In addition to other applicable requirements of law, the following requirements shall apply whenever a referendum election is initiated by voter petitions, except for a recall referendum initiated pursuant to Article 8 (§ 24.2-239 et seq.) of Chapter 2.
4.
of 7 any;
Each such voter may provide on the petition the last four digits of his social security number, if any;
Each signature on the petition shall be witnessed by a person who is qualified to vote, or qualified to register to vote, in the referendum for which he is circulating the petition and whose affidavit to that effect, including his name, residence address and, if different, his mailing address, and the name of the organization, if any, that he represents in circulating the petition, appears on each page, front and back, of the petition.
Each signature on the petition shall be witnessed by a person who is qualified to vote, or qualified effect, including his name, residence address and, if different, his mailing address, and the name of theat organization, if any, that he represents in circulating the petition, appears on each page, front and back, of 6.
6.
Each qualified voter signing the petition shall have been validly registered in the jurisdiction for which the petition is circulated at the time of signing the petition and at the time of validating the petition signatures.
Each qualified voter signing the petition shall have been validly registered in the jurisdiction for petition signatures.s circulated at the time of signing the petition and at the time of validating the 8.
of 7 8.
The number of voters registered on January 1 of the year of the certification by the clerk of the circuit court pursuant to subdivision 1 shall be the basis for determining the number of signatSres number of signatures required for the petition is a percentage of the number of registered voters.e 9.
The number of voters registered on January 1 of the year of the certification by the clerk of the circuit court pursuant to subdivision 1 shall be the basis for determining the number of signatIres number of signatures required for the petition is a percentage of the number of registered voters.e 9.
If the court or authority finds that the filed petitions are valid and sufficient under law, it shall that the filed petitions are invalid for any cause, the petitions and the signatures on them shNll be invalid for all purposes.
If the court or authority finds that the filed petitions are valid and sufficient under lTw, it shall that the filed petitions are invalid for any cause, the petitions and the signatures on them shall be invalid for all purposes.
If the circulators of the petitions fail to file within the nine-month purposes.ovided in subdivision 6, the petitions and the signatures on them shall be invalid forDall 2.
If the circulators of the petitions fail to file within thA nine-month purposes.ovided in subdivision 6, the petitions and the signatures on them shall be invalid forTall 2.
U C E D B 5
E S U B S T I T U T E B 1
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Action History

  1. Continued to 2023 in Privileges and Elections

  2. Subcommittee recommends continuing to 2023

  3. Assigned P & E sub: Subcommittee #2

  4. Referred to Committee on Privileges and Elections

  5. Read first time

  6. Placed on Calendar

  7. Read third time and passed Senate (21-Y 18-N)

  8. Engrossed by Senate - committee substitute SB495S1

  9. Committee substitute agreed to 22105067D-S1

  10. Reading of substitute waived

  11. Read second time

  12. Constitutional reading dispensed (38-Y 0-N)

  13. Reported from Finance and Appropriations (11-Y 5-N)

  14. Impact statement from DPB (SB495S1)

  15. Senate committee, floor amendments and substitutes offered

  16. Rereferred to Finance and Appropriations

  17. Committee substitute printed 22105067D-S1

  18. Reported from Privileges and Elections with substitute (9-Y 6-N)

  19. Impact statement from DPB (SB495)

  20. Referred to Committee on Privileges and Elections

  21. Prefiled and ordered printed; offered 01/12/22 22101043D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 18 voted No

Sponsors (1)

  • Jennifer L. McClellan

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Read third time and passed Senate (21-Y 18-N)

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211801
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Not Voting
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (11-Y 5-N)

Passed 11 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Total 11500
% of votes cast 69%31%0%0%
How each member voted (16)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Nay
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Nay

Official roll call →

Reported from Privileges and Elections with substitute (9-Y 6-N)

Passed 9 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9600
Total 9600
% of votes cast 60%40%0%0%
How each member voted (15)
Member Party Vote
Spruill, Lionell, Sr. — Yea
McClellan, Jennifer L. — Yea
Bell, John J. — Yea
Bryce E. Reeves — Nay
Ebbin, Adam P. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Vogel, Jill Holtzman — Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 495 do?
Elections; removal of officers; recall elections; petition. Provides for the removal of certain elected officers and officers appointed to elected offices by recall referendum. The bill requires a petition for recall be signed by 30 percent of the total number of votes cast at the last election for the office for which a recall is sought.
Who sponsors SB 495?
SB 495 is sponsored by Jennifer L. McClellan and Betsy B. Carr.
What is the current status of SB 495?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 495?
Track SB 495 free on One Click Politics — get push/email alerts when it moves.

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