Portsmouth mayor: resign or face recall

PilotOnline reports that a judge has ordered Portsmouth Mayor James Holley to resign or face a recall election.

[Judge] Sword said the petition was sufficient. If Holley does not resign by the close of business next Friday, an election would be set for Tuesday July 13

Holley has repeatedly said that he would not resign. Six of his fellow council members asked for his resignation last August after a string of controversies. The mayor was recalled in 1987 after being implicated in a hate-mail campaign. Portsmouth voters returned him to office in 1996. Holley’s challenge of this latest effort was based on the petitions being insufficient as well as the signatures. The general registrar certified that 7,083 signatures were valid, which exceeded the 6,669 required.

Sec. 10.09 of the city charter lays out the procedure for the recall, including this part on what comes next:

(e)   A nomination of a candidate to succeed each officer sought to be removed shall be made without the intervention of a primary election, by filing with the clerk of the circuit court at least ten (10) days prior to such special election, a petition proposing a person for such office, signed by the electors equal in number to at least thirty (30) per centum of the electors of the city voting for governor in the last preceding gubernatorial election.

(f)   The ballots at such election shall conform to the following requirements: With respect to each officer whose removal is sought the question shall be submitted: Shall (name of officer) be removed from the office (name of office) by recall? Beneath the aforesaid question shall be placed the names of the candidates to fill the vacancy. The name of the officer whose removal is sought shall not appear on the ballot as a candidate to succeed himself.

Assuming that Holley does not resign, it seems to me it will be a tall order for a candidate to gather more than 6,669 signatures by July 3, which is 10 days prior to the next election. (And since 7/3 is a Saturday, would a candidate have until the next business day to collect the signatures? Any lawyers out there?) If there is no candidate and the recall is successful, I can only assume that the procedure outlined earlier regarding vacancies resulting in a special election would prevail. (Of course, there’s still the issue of whether those procedures are valid. I really wish someone would request an AG ruling on this.)

Never a dull moment in Hampton Roads.

4 thoughts on “Portsmouth mayor: resign or face recall

  1. That’s about 190 signatures per day. Difficult, but not impossible. In all seriousness, the only thing keeping me from hitting the streets with a clip-board and a few friends is that I don’t live in Portsmouth. Otherwise I’d totally give it a try on the off-chance that I was the only person who collected enough signatures to get his name on the ballot.

    Which ought to be marginally alarming to everyone, but on the bright side I could only be a step up from the current occupant.

    It’s entirely possible that come mid-July, Portsmouth will be run by a Mayor that no one’s ever heard of before by virtue of being the only name on the recall ballot; it’s more likely that you’ll see at least one sitting council member make it over the signature hurdle.

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