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VERIFY: Here's why Northam, Fairfax and Herring won't face a recall trial

One of you got in touch with the Verify team to ask if voters could recall those elected Virginia leaders.

Our Verify team works to get you the facts about the things you're questioning.

After seeing our story about the process of impeachment for Virginia governor, a viewer asked if Virginia citizens can work to have Northam, Fairfax and Herring directly recalled if they don't resign?

So according to National Conference of State Legislatures, 19 states plus D.C. do allow the recall of certain state officials, 

Virginia law spells out the way a recall would work. It's actually called a recall trial in the Commonwealth. 

It would be initiated by a referendum, signed by 10 percent of the number of people who voted in the previous gubernatorial election.

Then a judge would hold a trial to determine if the elected official did something like neglect of duty, misuse of office, or incompetence in the performance of duties. 

Next, we talked to a Professor of Politics and International Affairs at Wake Forest University, John Dinan, who explained a recall trial would apply to elected or appointed Commonwealth, constitutional, and local officers, except officers whose removal is specified under the Constitution of Virginia. 

And article Four section 17 of the Virginia constitution says the removal of the governor, lieutenant governor, and attorney general is done through impeachment process so we can verify a recall trial would not apply to Ralph Northam, Justin Farfax and Mark Herring. 

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