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Virginia > Title 24.2 Elections > Federal, Commonwealth, And Local Officers

§ 24.2-231 Forfeiture of office by person sentenced for commission of certain crimes

Statute

Any person holding any public office of honor, profit, or trust in this Commonwealth who is convicted of a felony or any offense for which registration is required as defined in § 9.1-902 and for whom all rights of appeal under Virginia law have expired, shall by such final conviction forfeit his office or post and thereafter may not act therein under his previous election or appointment. A pardon which may be afterwards granted him shall not void the forfeiture.

Code 1950, § 2.1-36; 1966, c. 677; 1975, cc. 515, 595, § 24.1-79.3; 1993, c. 641; 2007, c. 175.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

See § 24.2-945.1.

Definition [Election]

A general, primary, or special election.

See § 24.2-101.

Cases

Virginia Cases

Out-of-State Cases

Case State: virginia

Case Name: In re Burfoot

Case Number: CL16-13221

Year: 2017

Case URL: http://ebenchbook.wm.edu/virginia/wp-content/uploads/sites/2/2017/06/In-re-Burfo[...]

Case PDF: In re Burfoot

Case Summary: Section 235 does not only apply to citizen petitions filed under § 233. The postponement provision of § 231 only applies to convictions under the laws of Virginia. Suspension under § 236 does not violate separation of powers and does not always require a conviction in the strict sense of the word to have occurred before suspension occurs.

Federal Cases