Procedures for the removal of an elected official

Acts of Assembly Chapter(s) 663 and 664 passed during the 2023 Session of the General Assembly set out the procedures by which an elected officer, or officer who has been appointed to fill an elective office, may be removed from office. As it pertains to the State Board and general registrars, these bills require that (i) the general registrar review a petition for removal on a form prescribed by the State Board and determine its sufficiency; (ii) the general registrar certify the petition within 10 business days and promptly file such certification with the clerk of the circuit court; and (iii) the certification state the number of signatures required, the number of signatures on the petition, the number of valid signatures, along with any signatures found to be invalid and any material omissions from the petition. As a result, the State Board must adopt a regulation outlining what constitutes a material omission on a removal petition.

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