                                 CODE OF VIRGINIA

PROCEDURE (§ 24.2-235)

A. 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 &#xA7; 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. The general registrar shall review a petition filed pursuant to &#xA7;
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. 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 &#xA7; 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. 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.

E. 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 &#xA7; 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 &#xA7; 24.2-103,
24.2-109, or 24.2-233, the officer shall be removed from office.

HISTORY: 1975, cc. 515, 595, § 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876;
2023, cc. 256, 257, 663, 664.