Laws governing local ballot measures in Virginia

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

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A guide to local ballot initiatives

Only 4 cities in Virginia have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Virginia. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 95 counties, 228 cities, towns, and villages, and 193 special districts. There are 38 independent cities in the state.

School districts

School bond and tax elections in Virginia happen under two circumstances:

• To issue new bonds.
• To extend current bonds after a eight year waiting period.

Redevelopment and Housing Authorities

In Virginia, a Redevelopment and Housing Authority (RHA) referendum is a ballot measure to create a unique political subdivision known as a Redevelopment and Housing Authority, which has certain taxing and regulatory powers. RHA referenda can be placed on the ballot through a citizen-initiated measure or a referred measure from a county board or city council.

Local recall rules

Recall of local elected officials in Virginia is available in some jurisdictions.

Initiative process availability

The initiative process is available in the four of the 229 Virginia charter municipalities that have exercised their home rule authority to institute such a process. They are Hampton, Lynchburg, Norfolk, and Portsmouth.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

The authority to have special charters is given in the Virginia Statutes 15.2-2.

Initiative process features

The initiative process is unique to each of the 4 cities who have it. There is no statewide initiative process.

Initiative process in the top 10 most populated cities

Individual city provisions   Virginia Beach Population as of the July, 2011 census update: 442,707 Charter city There is no initiative process. Norfolk Population as of the July, 2011 census update: 242,628 Charter city Norfolk City code provides for initiative and referendum powers for city ordinances. An initiative petition requires signatures equaling 10 percent of electors who cast their votes in the preceding regular municipal election for council members. A referendum petition requires signatures equaling 25 percent of these electors but not fewer than 4,000. Circulators of the petition have 120 days to gather signatures and must get approval of the form, content and language of the petition from the city attorney. If a petition for an ordinance meets the 10 percent minimum signature requirement, the ordinance goes to the legislature. If the legislature fails to pass the ordinance, a second petition requiring signatures equaling 25 percent of electors but not fewer than 4,000 must be successfully filed to put the ordinance onto the ballot. Norfold City Code Chesapeake Population as of the July, 2011 census update: 225,050 Charter city There is no initiative process. Richmond Population as of the July, 2011 census update: 205,533 Charter city There is no initiative process. Newport News Population as of the July, 2011 census update: 179,611 Charter city There is no initiative process. Alexandria Population as of the July, 2011 census update: 144,301 Charter city There is no initiative process. Hampton Population as of the July, 2011 census update: 136,401 Charter city Hampton, like Norfolk, provides for initiative and referendum powers for city ordinances in its municipal code. An initiative petition requires signatures equaling 10 percent of electors who cast their votes in the preceding regular municipal election for council members. A referendum petition requires signatures equaling 25 percent of these electors but not fewer than 4,000. Circulators of the petition have 120 days to gather signatures and must get approval of the form, content and language of the petition from the city attorney. If a petition for an ordinance meets the 10 percent minimum signature requirement, the ordinance goes to the legislature. If the legislature fails to pass the ordinance, a second petition requiring signatures equaling 25 percent of electors but not fewer than 4,000 must be successfully filed to put the ordinance onto the ballot. Hampton City Code Roanoke Population as of the July, 2011 census update: 96,714 Charter city There is no initiative process. Portsmouth Population as of the July, 2011 census update: 95,684 Charter city Portsmouth city law requires signatures equalling 30% of electors in the city voting for governor in the last gubernatorial election for a successful petition for an ordinance initiative. The petition must be filed within thirty days after the first signature is gathered and the form and information of the petition is determined partially by city code and partially by the city attorney. If the petition is successful it goes to the legislature for passage. If it is not passed without alteration within 60 days it goes to the ballot for decision by the voters. Portsmouth City Code Suffolk Population as of the July, 2011 census update: 84,930 Charter city There is no initiative process.

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Oklahoma
• Counties in Virginia

External links

• Virginia cities with initiative and referendum
• Virginia Municipal League