Laws governing recall in Texas
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Texas. Texas allows for the recall of some local officials but does not allow for the recall of state officials.
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Offices subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
Texas law does not provide for the recall of state officials.
Local officials
Recall of local elected officials in Texas is available only in political subdivisions that have their own charter, and only if their charter specifically authorizes recall of the local elected officials.
Texas has about 1,200 cities and 352 of those cities have their own charter. In the terminology of the state, these are known as the "home rule cities." To become a "home rule city" or a "charter city," the population of the city must be over 5,000 and its voters must have held an election to adopt a home rule charter. Over 90% of the state's home rule cities, or close to 320 of them, do include a local recall provision.[2]
Process
Because recall is defined individually only in specific local charters, and is not defined in state statutes or the Texas Constitution, the laws that govern the available procedures, such as how many signatures are required to force a recall election, can and do vary from jurisdiction to jurisdiction within the state. For example, Terrell Blodgett's 1994 book on Texas home rule cities noted that signature requirements vary from 3% to 51% and can be based on the number of votes cast in the most recent municipal election, the number of registered voters in the city, or other factors.[3][4]
Legislation involving recall elections
The table below lists bills related to recall elections in Tennessee. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
- ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
- ↑ Scott Houston, general counsel of the Texas Municipal League, stated in an email to Leslie Graves, Ballotpedia's editor, on January 21, 2011 that 90% of the state's home rule cities include recall provisions in their charters.
- ↑ Texas State University E-Commons, "An Analysis of Texas' Municipal Home Rule Charters Since 1994," John V. McDonald, August 1, 2000, p. 31
- ↑ San Antonio Express-News, "Unusual ballot features Fredericksburg councilman as recall target and mayoral contender," May 3, 2012
