Laws governing recall in West Virginia
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The recall of local elected government officials in West Virginia is governed by WV Code §8-12-4. This statute applies to "any city" with a "charter provision."
Who may be recalled?
In West Virginia, the right of recall extends to any elected officer of a city that has a city charter that provides for recall.
The right of recall in West Virginia does not extend to city officials in non-charter cities or charter cities that do not specifically authorize recall. The right of recall also does not extend to county officials, officials of special districts, members of school boards, members of the West Virginia State Legislature, representatives from West Virginia to the U.S. Congress or to statewide constitutional officers such as the Governor of West Virginia.
Features of the law
Commencement
A recall campaign may begin at any time after the election of the official who is targeted for recall.
Grounds not required
| Can you recall a federal official? | |
| The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation » | |
WV Code §8-12-4 does not mention any specific grounds that must be alleged or proven in order to move forward with a recall campaign.
Signature requirements
According to WV Code §8-12-4(3), "twenty percent of the qualified voters" of the relevant city must sign a petition in order to trigger a recall election.
Time allowed to collect signatures
WV Code §8-12-4 does not mention a limit on the number of days within which the signatures must be collected; this implies that there is no such restriction.
Restriction
"Not more than one recall election shall be held with respect to an officer during his term of office," according to WV Code §8-12-4(3).
See also
- Laws governing recall
- States that have pre-petition signature requirements for recalls
- States that require grounds for recalls
Footnotes
