{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-235.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-235.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-235.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-235.html"}],"law_id":68375,"edition_id":1,"section_id":68375,"structure_id":16091,"section_number":"24.2-235","catch_line":"Procedure","history":"1975, cc. 515, 595, \u00a7 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876; 2023, cc. 256, 257, 663, 664.","full_text":"A\n\nA petition for the removal of an officer shall be on a form prescribed by the State Board of Elections and shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury. The petition shall be filed together with either (i) three paper copies or (ii) an electronic copy. The clerk shall promptly provide a paper or electronic copy of the petition to the officer who is the subject of the removal petition, the attorney for the Commonwealth, and, for a removal petition filed pursuant to § 24.2-233, the general registrar. If the subject of the petition is the attorney for the Commonwealth, the Chief Justice of the Supreme Court of Virginia shall appoint an alternate attorney for the Commonwealth to receive the copy of the petition.B\n\nThe general registrar shall review a petition filed pursuant to § 24.2-233 and determine its sufficiency in accordance with the uniform standards approved by the State Board of Elections. The general registrar shall certify the petition within 10 business days and promptly file such certification with the clerk of the circuit court. The general registrar may seek an extension of time from the circuit court for good cause shown. The certification shall state the number of signatures required, the number of signatures on the petition, and the number of valid signatures. The certification shall identify those signatures found to be invalid. The certification shall also identify any material omissions in the petition.C\n\nUpon receipt of the petition, the attorney for the Commonwealth shall promptly review the petition and determine if valid grounds exist to remove the officer pursuant to § 24.2-103, 24.2-109, or 24.2-233. Upon determining that valid grounds exist for removal, the attorney for the Commonwealth shall notify the circuit court. Otherwise, the attorney for the Commonwealth shall request that the court dismiss the petition.D\n\nAs soon as the attorney for the Commonwealth notifies the circuit court that the petition presents valid grounds for removal, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than 10 days and shall be served upon the officer with a copy of the petition.E\n\nUpon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. The circuit court shall not dismiss the petition solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal if such error or omission is not material in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under § 24.2-103, 24.2-109, or 24.2-233 to consider the removal of the officer. If upon trial it is determined by clear and convincing evidence that removal of the officer is warranted under § 24.2-103, 24.2-109, or 24.2-233, the officer shall be removed from office.","order_by":null,"text":{"0":{"id":247610,"text":"A petition for the removal of an officer shall be on a form prescribed by the State Board of Elections and shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury. The petition shall be filed together with either (i) three paper copies or (ii) an electronic copy. The clerk shall promptly provide a paper or electronic copy of the petition to the officer who is the subject of the removal petition, the attorney for the Commonwealth, and, for a removal petition filed pursuant to § 24.2-233, the general registrar. If the subject of the petition is the attorney for the Commonwealth, the Chief Justice of the Supreme Court of Virginia shall appoint an alternate attorney for the Commonwealth to receive the copy of the petition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247611,"text":"The general registrar shall review a petition filed pursuant to § 24.2-233 and determine its sufficiency in accordance with the uniform standards approved by the State Board of Elections. The general registrar shall certify the petition within 10 business days and promptly file such certification with the clerk of the circuit court. The general registrar may seek an extension of time from the circuit court for good cause shown. The certification shall state the number of signatures required, the number of signatures on the petition, and the number of valid signatures. The certification shall identify those signatures found to be invalid. The certification shall also identify any material omissions in the petition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":247612,"text":"Upon receipt of the petition, the attorney for the Commonwealth shall promptly review the petition and determine if valid grounds exist to remove the officer pursuant to § 24.2-103, 24.2-109, or 24.2-233. Upon determining that valid grounds exist for removal, the attorney for the Commonwealth shall notify the circuit court. Otherwise, the attorney for the Commonwealth shall request that the court dismiss the petition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":247613,"text":"As soon as the attorney for the Commonwealth notifies the circuit court that the petition presents valid grounds for removal, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than 10 days and shall be served upon the officer with a copy of the petition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":247614,"text":"Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. The circuit court shall not dismiss the petition solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal if such error or omission is not material in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under § 24.2-103, 24.2-109, or 24.2-233 to consider the removal of the officer. If upon trial it is determined by clear and convincing evidence that removal of the officer is warranted under § 24.2-103, 24.2-109, or 24.2-233, the officer shall be removed from office.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16091,"edition_id":1,"name":"Removal of Public Officers from Office","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":14248,"metadata":{},"date_created":"2026-06-26 04:05:34","date_modified":"2026-06-26 04:05:34","permalink":{"id":187591,"object_type":"structure","relational_id":16091,"identifier":"7","token":"24.2\/2\/7","url":"\/24.2\/2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14248,"edition_id":1,"name":"Federal, Commonwealth, and Local Officers","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 03:47:26","permalink":{"id":187457,"object_type":"structure","relational_id":14248,"identifier":"2","token":"24.2\/2","url":"\/24.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63359,"structure_id":16091,"section_number":"24.2-230","catch_line":"Applicability of article; certain exceptions","url":"\/24.2-230\/","token":"24.2\/2\/7\/24.2-230","metadata":false},{"id":64861,"structure_id":16091,"section_number":"24.2-231","catch_line":"Forfeiture of office by person sentenced for commission of certain crimes","url":"\/24.2-231\/","token":"24.2\/2\/7\/24.2-231","metadata":false},{"id":66137,"structure_id":16091,"section_number":"24.2-232","catch_line":"Vacancy occurring when officer determined \"mentally incompetent\" (incapacitated)","url":"\/24.2-232\/","token":"24.2\/2\/7\/24.2-232","metadata":false},{"id":69635,"structure_id":16091,"section_number":"24.2-233","catch_line":"Removal of elected and certain appointed officers by courts","url":"\/24.2-233\/","token":"24.2\/2\/7\/24.2-233","metadata":false},{"id":76619,"structure_id":16091,"section_number":"24.2-234","catch_line":"Removal of officer appointed for a term certain","url":"\/24.2-234\/","token":"24.2\/2\/7\/24.2-234","metadata":false},{"id":85062,"structure_id":16091,"section_number":"24.2-234.1","catch_line":"Removal of members of local electoral boards and general registrars","url":"\/24.2-234.1\/","token":"24.2\/2\/7\/24.2-234.1","metadata":false},{"id":68375,"structure_id":16091,"section_number":"24.2-235","catch_line":"Procedure","url":"\/24.2-235\/","token":"24.2\/2\/7\/24.2-235","metadata":false},{"id":64623,"structure_id":16091,"section_number":"24.2-236","catch_line":"Suspension from office pending hearing and appeal","url":"\/24.2-236\/","token":"24.2\/2\/7\/24.2-236","metadata":false},{"id":73281,"structure_id":16091,"section_number":"24.2-237","catch_line":"Who to represent Commonwealth; trial by jury; appeal","url":"\/24.2-237\/","token":"24.2\/2\/7\/24.2-237","metadata":false},{"id":79620,"structure_id":16091,"section_number":"24.2-238","catch_line":"Costs","url":"\/24.2-238\/","token":"24.2\/2\/7\/24.2-238","metadata":false}],"previous_section":{"id":85062,"structure_id":16091,"section_number":"24.2-234.1","catch_line":"Removal of members of local electoral boards and general registrars","url":"\/24.2-234.1\/","token":"24.2\/2\/7\/24.2-234.1","metadata":false},"next_section":{"id":64623,"structure_id":16091,"section_number":"24.2-236","catch_line":"Suspension from office pending hearing and appeal","url":"\/24.2-236\/","token":"24.2\/2\/7\/24.2-236","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-235\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapters 515 and 595 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 641; in 2009, chapters 868<\/a> and 876<\/a>; in 2023, chapters 256<\/a>, 257<\/a>, 663<\/a>, and 664<\/a>.<\/p>","references":false,"refers_to":[{"id":79439,"section_number":"24.2-103","catch_line":"Powers and duties in general; report","order_by":null,"url":"\/24.2-103\/"},{"id":60985,"section_number":"24.2-109","catch_line":"Appointment and removal of general registrar and officers of election; powers and duties in general","order_by":null,"url":"\/24.2-109\/"},{"id":69635,"section_number":"24.2-233","catch_line":"Removal of elected and certain appointed officers by courts","order_by":null,"url":"\/24.2-233\/"}],"permalink":{"id":187617,"object_type":"law","relational_id":68375,"identifier":"24.2-235","token":"24.2\/2\/7\/24.2-235","url":"\/24.2-235\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-235\/","token":"24.2\/2\/7\/24.2-235","dublin_core":{"Title":"Procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-235","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A petition<\/span> for the removal of an officer shall be on a form prescribed by the State Board<\/span> of Elections<\/span> and shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury<\/span>. The petition<\/span> shall be filed together with either (i) three paper copies or (ii) an electronic copy. The clerk shall promptly provide a paper or electronic copy of the petition<\/span> to the officer who is the subject of the removal petition<\/span>, the attorney for the Commonwealth, and, for a removal petition<\/span> filed pursuant to § 24.2-233<\/a>, the general registrar<\/span>. If the subject of the petition<\/span> is the attorney for the Commonwealth, the Chief Justice of the Supreme Court<\/span> of Virginia shall appoint an alternate attorney for the Commonwealth to receive the copy of the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The general registrar<\/span> shall review a petition<\/span> filed pursuant to § 24.2-233<\/a> and determine its sufficiency in accordance with the uniform standards approved by the State Board<\/span> of Elections<\/span>. The general registrar<\/span> shall certify the petition<\/span> within 10 business days and promptly file such certification with the clerk of the circuit<\/span> court<\/span>. The general registrar<\/span> may seek an extension of time from the circuit<\/span> court<\/span> for good cause shown. The certification shall state the number of signatures required, the number of signatures on the petition<\/span>, and the number of valid signatures. The certification shall identify those signatures found to be invalid. The certification shall also identify any material<\/span> omissions in the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of the petition<\/span>, the attorney for the Commonwealth shall promptly review the petition<\/span> and determine if valid grounds exist to remove the officer pursuant to § 24.2-103<\/a>, 24.2-109<\/a>, or 24.2-233<\/a>. Upon determining that valid grounds exist for removal, the attorney for the Commonwealth shall notify the circuit<\/span> court<\/span>. Otherwise, the attorney for the Commonwealth shall request that the court<\/span> dismiss the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As soon as the attorney for the Commonwealth notifies the circuit<\/span> court<\/span> that the petition<\/span> presents valid grounds for removal, the court<\/span> shall issue<\/span> a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than 10 days and shall be served upon the officer with a copy of the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon return of the rule duly executed, unless good cause is shown for a continuance<\/span> or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket<\/span>. The circuit<\/span> court<\/span> shall not dismiss the petition<\/span> solely because of an error or omission in the form of the petition<\/span> relating to its statement of the grounds or reasons for removal if such error or omission is not material<\/span> in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under § 24.2-103<\/a>, 24.2-109<\/a>, or 24.2-233<\/a> to consider the removal of the officer. If upon trial<\/span> it is determined by clear and convincing evidence<\/span> that removal of the officer is warranted under § 24.2-103<\/a>, 24.2-109<\/a>, or 24.2-233<\/a>, the officer shall be removed from office. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE (\u00a7 24.2-235)\n\nA. A petition for the removal of an officer shall be on a form prescribed by the\nState Board of Elections and shall state with reasonable accuracy and detail the\ngrounds or reasons for removal and shall be signed by the person or persons\nmaking it under penalties of perjury. The petition shall be filed together with\neither (i) three paper copies or (ii) an electronic copy. The clerk shall\npromptly provide a paper or electronic copy of the petition to the officer who\nis the subject of the removal petition, the attorney for the Commonwealth, and,\nfor a removal petition filed pursuant to § 24.2-233, the general registrar.\nIf the subject of the petition is the attorney for the Commonwealth, the Chief\nJustice of the Supreme Court of Virginia shall appoint an alternate attorney for\nthe Commonwealth to receive the copy of the petition.\n\nB. The general registrar shall review a petition filed pursuant to §\n24.2-233 and determine its sufficiency in accordance with the uniform standards\napproved by the State Board of Elections. The general registrar shall certify\nthe petition within 10 business days and promptly file such certification with\nthe clerk of the circuit court. The general registrar may seek an extension of\ntime from the circuit court for good cause shown. The certification shall state\nthe number of signatures required, the number of signatures on the petition, and\nthe number of valid signatures. The certification shall identify those\nsignatures found to be invalid. The certification shall also identify any\nmaterial omissions in the petition.\n\nC. Upon receipt of the petition, the attorney for the Commonwealth shall\npromptly review the petition and determine if valid grounds exist to remove the\nofficer pursuant to § 24.2-103, 24.2-109, or 24.2-233. Upon determining\nthat valid grounds exist for removal, the attorney for the Commonwealth shall\nnotify the circuit court. Otherwise, the attorney for the Commonwealth shall\nrequest that the court dismiss the petition.\n\nD. As soon as the attorney for the Commonwealth notifies the circuit court that\nthe petition presents valid grounds for removal, the court shall issue a rule\nrequiring the officer to show cause why he should not be removed from office,\nthe rule alleging in general terms the cause or causes for such removal. The\nrule shall be returnable in not less than five nor more than 10 days and shall\nbe served upon the officer with a copy of the petition.\n\nE. Upon return of the rule duly executed, unless good cause is shown for a\ncontinuance or postponement to a later day in the term, the case shall be tried\non the day named in the rule and take precedence over all other cases on the\ndocket. The circuit court shall not dismiss the petition solely because of an\nerror or omission in the form of the petition relating to its statement of the\ngrounds or reasons for removal if such error or omission is not material in\ndetermining whether the statement of the grounds or reasons for removal provides\na reasonable basis under § 24.2-103, 24.2-109, or 24.2-233 to consider the\nremoval of the officer. If upon trial it is determined by clear and convincing\nevidence that removal of the officer is warranted under § 24.2-103,\n24.2-109, or 24.2-233, the officer shall be removed from office.\n\nHISTORY: 1975, cc. 515, 595, \u00a7 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876;\n2023, cc. 256, 257, 663, 664.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}