Difference between revisions of "Laws governing recall"

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{{recall badge}}{{tnr}}'''38 states have provisions allowing for recall''' of elected officials.   
+
<small>''The information on this page is meant for informational purposes only, and does not constitute legal advise. Those interest in initiating a recall should consult with their local authoritative bodies.''</small>
 +
----
 +
{{recall badge}}{{tnr}}'''36 states have provisions allowing for recall''' of certain elected officials at the local and/or state level.   
  
In 19 states, voters can recall statewide and local elected officials.  Eleven of these states have provisions that say that the right of recall in their state extends to recalling members of their [[U.S. Congress|federal congressional delegation]], but it hasn't been clear whether federal courts would allow states to recall their federal politicians.<ref>[http://biggovernment.com/pferrara/2010/02/09/the-right-of-recall/ ''Big Government'', "The Right of Recall", February 9, 2010]</ref>,<ref>[http://www.washingtontimes.com/news/2010/dec/17/reckless-congress-makes-case-for-recall/ ''Washington Times'', "Reckless Congress makes case for recall", December 17, 2010]</ref>
+
==Background==
 +
[[Recall]] is a process by which citizens may remove elected officials their positions before the end of their term.<ref>[http://legis.wisconsin.gov/LRB/gw/gw_13.pdf '' Wisconsin Legislative Reference Bureau'', "Referenda and Recall: Letting the People Decide," Accessed: July 16, 2013]</ref> It should not be confused with the legislative process of removing officials called [[Wikipedia:impeachment|impeachment]]. It should also not be confused with [[Judgepedia:Retention election|retention elections]] held in some some states for members of the judiciary.
  
In 17 states, voters can't recall statewide elected officials or state legislators, but can recall some local officials.
+
==Recall election of state officials==
 +
There are provisions for recalls elections of state officers in 19 states. The process begins with a petition drive and end with an election.<ref name="NCSLstate">[http://www.ncsl.org/legislatures-elections/elections/recall-of-state-officials.aspx ''National Conference of State Legislatures'', "Recall of State Officials," Last updated June 6, 2012]</ref>
  
==Recall provisions, by state==
+
'''States that allow recall elections of state officials:'''
 
+
{{colbegin|3}}
===State and local (8)===
+
* [[Laws governing recall in Alaska|Alaska]]
{{colbegin}}
+
* [[Laws governing recall in Arizona|Arizona]]
* [[Laws governing recall in Alaska]]
+
* [[Laws governing recall in California|California]]
* [[Laws governing recall in California]]
+
* [[Laws governing recall in Colorado|Colorado]]
* [[Laws governing recall in Georgia]]
+
* [[Laws governing recall in Georgia|Georgia]]
* [[Laws governing recall in Idaho]]
+
* [[Laws governing recall in Idaho|Idaho]]
* [[Laws governing recall in Illinois]] (limited)
+
* [[Laws governing recall in Illinois|Illinois]]
* [[Laws governing recall in Kansas]]
+
* [[Laws governing recall in Kansas|Kansas]]
* [[Laws governing recall in Minnesota]]
+
* [[Laws governing recall in Louisiana|Louisiana]]
* [[Laws governing recall in Rhode Island]]
+
* [[Laws governing recall in Michigan|Michigan]]
 +
* [[Laws governing recall in Minnesota|Minnesota]]
 +
* [[Laws governing recall in Montana|Montana]]
 +
* [[Laws governing recall in Nevada|Nevada]]
 +
* [[Laws governing recall in New Jersey|New Jersey]]
 +
* [[Laws governing recall in North Dakota|North Dakota]]
 +
* [[Laws governing recall in Oregon|Oregon]]
 +
* [[Laws governing recall in Rhode Island|Rhode Island]]
 +
* [[Laws governing recall in Washington|Washington]]
 +
* [[Laws governing recall in Wisconsin|Wisconsin]]
 
{{colend}}
 
{{colend}}
  
===State, local, and federal (11)===
+
==Recall trial of state officials==
 +
Virginia the has a process of recall by which a trial in the state [[Judgepedia:Virginia Circuit Courts|Circuit Courts]] is petitioned. Virginia is the only state to use this process. [[Laws governing recall in Virginia|Virginia laws]] clearly state local officials can be recalled. Whether this would apply to state level officers is unclear given ambiguous legal language and issues with the jurisdiction of the court. There is no precedent of a Virginia state legislator or governor having faced recall.<ref name="S2-233">[http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 ''Code of Virginia'', "§ 24.2-233," Accessed: July 17, 2013]</ref>
 +
<ref name="NCSLstate"/>
  
{{colbegin}}
+
==State officials that can be recalled==
 +
The following table indicates which elected state officials (in general) can be recalled based on state law.
  
* [[Laws governing recall in Arizona]]
+
{|class="wikitable" cellspacing="0" cellpadding="5" border="1" style="background:none"
* [[Laws governing recall in Colorado]]
+
|-
* [[Laws governing recall in Louisiana]]
+
! style="background-color:#00008B; color: white;" | State
* [[Laws governing recall in Michigan]]
+
! style="background-color:#00008B; color: white;" | Executive
* [[Laws governing recall in Montana]]
+
! style="background-color:#00008B; color: white;" | Legislative
* [[Laws governing recall in Nevada]]
+
! style="background-color:#00008B; color: white;" | Judicial<ref>Additional information on removal of judges can be found at: [http://www.judicialselection.com/judicial_selection/methods/removal_of_judges.cfm?state ''American Judicature Society'', "Methods of Judicial Selection: Removal of Judges"]</ref>
* [[Laws governing recall in New Jersey]]
+
! style="background-color:#00008B; color: white;" | Provision
* [[Laws governing recall in North Dakota]]
+
* [[Laws governing recall in Oregon]]
+
* [[Laws governing recall in Washington]]
+
* [[Laws governing recall in Wisconsin]]
+
  
{{colend}}
+
|-
 +
|[[Alaska]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"All elected public officials in the State, except judicial officers, are subject to recall..." <small>([[Article XI, Alaska Constitution#Section 8|AK Con. Art. 11, §8]])</small>
  
===Local recall only (17)===
+
|-
 +
|[[Arizona]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall..." <small>([[Article 8, Arizona Constitution#Part 1|AZ Con. Art. 8, §1-6]])</small>
  
The states that are listed here as having local recall may only have that option in limited situations, applying only to municipalities that have specifically adopted a recall ordinance or statute relating just to that particular municipality. States not listed here may have some local recall. In states that allow cities and counties to establish themselves as charter cities, or home rule counties, those cities and counties may adopt charters that provide for local recall, even if no other city or county in the state allows it.
+
|-
 +
|[[California]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Recall is the power of the electors to remove an elective officer." <small>([[Article II, California Constitution#Section 13|CA Con. Art. 2, §13-19]])</small>
  
{{colbegin}}
+
|-
 +
|[[Colorado]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Every elective public officer of the state of Colorado may be recalled..." <small>([[Article XXI, Colorado Constitution|CO Con. Art. 21]])</small>
 +
 
 +
|-
 +
|[[Georgia]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office..." <small>([[Article_II, Georgia Constitution#Paragraph IV|GA Con. Art. 2, §2.4]])</small>
 +
 
 +
|-
 +
|[[Idaho]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"Every public officer in the state of Idaho, excepting the judicial officers, is subject to recall..." <small>([[Article VI, Idaho Constitution#Section 6|ID Con. Art. 6, §6]])</small>
 +
 
 +
|-
 +
|[[Illinois]]
 +
|{{ap}} (Governor Only)
 +
|{{d}}
 +
|{{d}}
 +
|"The recall of the Governor may be proposed..." <small>([[Article III, Illinois Constitution#Section 7|IL Con. Art. 3, §7]])</small>
 +
 
 +
|-
 +
|[[Kansas]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"All elected public officials in the state, except judicial officers, shall be subject to recall by voters..." <small>([[Article 4, Kansas Constitution#Section 3|Article 4, §3]])</small>
 +
 
 +
|-
 +
|[[Louisiana]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"The legislature shall provide by general law for the recall by election of any state, district, parochial, ward, or municipal official except judges of the courts of record..." <small>([[Article X, Louisiana Constitution#Section 26|LA Con. Art. 10, §26]])</small>
 +
 
 +
|-
 +
|[[Michigan]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record..." <small>([[Article II, Michigan Constitution#Section 8|MI Con. Art. 2, §8]])</small>
 +
 
 +
|-
 +
|[[Minnesota]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters..." <small>([[Article VIII, Minnesota Constitution#Section 6|MN Con. Art. 8, §6]])</small>
 +
 
 +
|-
 +
|[[Montana]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office..." <small>([http://leg.mt.gov/bills/mca_toc/2_16_6.htm MT Ann. Code 2-16-6])</small>
 +
 
 +
|-
 +
|[[Nevada]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Every public officer in the State of Nevada is subject, as herein provided, to recall from office..." <small>([[Article 2, Nevada Constitution#Section 9|NV Con. Art. 2, §9]])</small>
 +
 
 +
|-
 +
|[[New Jersey]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress..." <small>([[Article I, New Jersey Constitution#Paragraph 2|NJ Con. Art. 1, §2(b)]])</small>
 +
 
 +
|-
 +
|[[North Dakota]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall..." <small>([[Article III, North Dakota Constitution#Section 1|ND Con. Art. 3, §10]])</small>
 +
 
 +
 
 +
|-
 +
|[[Oregon]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"Every public officer in Oregon is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected..." <small>([[Article II, Oregon Constitution#Section 18|OR Con. Art. 2, §18]])</small>
 +
|-
 +
|[[Rhode Island]]
 +
|{{ap}}
 +
|{{d}}
 +
|{{d}}
 +
|"The governor, lieutenant governor, secretary of state, attorney-general, general treasurer shall be ... subject to recall..." <small>([[Article IV, Rhode Island Constitution#Section 1|RI Con. Art. 4, §1]])</small>
 +
 
 +
|-
 +
|[[Virginia]]
 +
|{{tc}}<ref name="Virginia">It is unclear whether Virginia's recall provisions would apply to state level officer.</ref>
 +
|{{tc}}<ref name="Virginia"/>
 +
|{{d}}
 +
|"Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court..." <small>([http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC24020000002000000000000 VA Code 24.2-233])</small>
 +
 
 +
|-
 +
|[[Washington]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{d}}
 +
|"Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall..." <small>([[Article I, Washington State Constitution#Section 33|WA Con. Art. 1, Sec. 33-34]])</small>
 +
 
 +
|-
 +
|[[Wisconsin]]
 +
|{{ap}}
 +
|{{ap}}
 +
|{{ap}}
 +
|"The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer..." <small>([[Article XIII, Wisconsin Constitution#Section 12|WI Con. Art. 13, §12]])</small>
 +
 
 +
|}
 +
 
 +
==Specific provisions for state officer recalls==
 +
The following table indicates some basic information regarding laws governing recall laws on state officers.<ref name="NCSLstate"/>
 +
 
 +
{|class="wikitable" cellspacing="0" cellpadding="5" border="1" style="background:none" style="width:80%;"
 +
|-
 +
! style="background-color:#00008B; color: white;" rowspan="2"| State
 +
! style="background-color:#00008B; color: white;" colspan="2"| Legal Provisions
 +
! style="background-color:#00008B; color: white;" rowspan="2"| Signature Requirement<ref name="NCSLstate"/>
 +
! style="background-color:#00008B; color: white;" rowspan="2"| Petition Time<ref name="NCSLstate"/>
 +
|-
 +
! style="background-color:#00008B; color: white;" | Constitution
 +
! style="background-color:#00008B; color: white;" | Statute
 +
 
 +
|-
 +
|[[Alaska]]
 +
|[[Article XI, Alaska Constitution#Section 8|Article 11, §8]]
 +
|Alaska Statutes [http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/stattx12/query=*/doc/{@7606} §15.45 Art. 3] and [http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/stattx12/query=*/doc/{@13557}?next §29.26 Art. 3]
 +
|25% of the last votes cast for the office
 +
|align="center"| --
 +
 
 +
|-
 +
|[[Arizona]]
 +
|[[Article 8, Arizona Constitution#Part 1|Article 8, §1-6]]
 +
|Arizona Revised Statutes[http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=19 Title 19, Chapter 2]
 +
|25% of the last votes cast for the office
 +
|120 days
 +
 
 +
|-
 +
|[[California]]
 +
|[[Article II, California Constitution#Section 13|Article 2, §13-19]]
 +
|California Election Code [http://www.leginfo.ca.gov/.html/elec_table_of_contents.html Division 11]
 +
|''statewide officers''': 12% of the last vote casts for the office (signatures from each of 5 counties equal in number to 1% of the last vote for the office in the county)<br>
 +
''Senate, Assembly, Board of Equalization, Courts of Appeals, and trial courts'': 20% of the last votes cast for the office.
 +
|160 days
 +
 
 +
|-
 +
|[[Colorado]]
 +
|[[Article XXI, Colorado Constitution|Article 21]]
 +
|Colorado Revised Statute [http://www.lexisnexis.com/hottopics/colorado/ Title 1, Art. 12, Part 1 and Title 31, Art. 4, Part 5]
 +
|25% of the last votes cast for the office
 +
|60 days
 +
 
 +
|-
 +
|[[Georgia]]
 +
|[[Article_II, Georgia Constitution#Paragraph IV|Article 2, §2.4]]
 +
|Georgia Code [http://www.lexisnexis.com/hottopics/gacode/ Title 21, Chapter 4]
 +
|''statewide officers'': 15% of eligible voters for the office at last election (1/5 from each congressional district)
 +
''Others'': 30% of eligible voters for the office at last election
 +
|90 days
 +
 
 +
|-
 +
|[[Idaho]]
 +
|[[Article VI, Idaho Constitution#Section 6|Article 6, §6]]
 +
|Idaho Statutes [http://www.legislature.idaho.gov/idstat/Title34/T34CH17.htm Title 34, Chapter 17]
 +
|20% of eligible voters for the office at last election
 +
|60 days
 +
 
 +
|-
 +
|[[Illinois]]
 +
|[[Article III, Illinois Constitution#Section 7|Article 3, §7]]
 +
|align="center"| --
 +
|15% of the last votes cast for governor from each of at least 25 counties (plus 20 members of the [[Illinois House of Representatives|House]], 10 members of the [[Illinois State Senate|Senate]], no more than half for each chamber from one party)
 +
|150 days
 +
 
 +
|-
 +
|[[Kansas]]
 +
|[[Article 4, Kansas Constitution#Section 3|Article 4, §3]]
 +
|Kansas Statutes [http://kslegislature.org/li/b2013_14/statute/025_000_0000_chapter/025_043_0000_article/ Chapter 25, Article 43]
 +
|40% of the last votes cast for the office
 +
|90 days
 +
 
 +
|-
 +
|[[Louisiana]]
 +
|[[Article X, Louisiana Constitution#Section 26|Article 10, §26]]
 +
|Louisiana Election Code [http://legis.la.gov/lss/lss.asp?folder=92 RS 18:1300.1 to 18:1300.17]
 +
|33.3% of eligible voters for the office at last election (if >1,000 eligible voters)<br>
 +
40% of eligible voters for the office at last election (if <1,000 eligible voters)
 +
|180 days
 +
 
 +
|-
 +
|[[Michigan]]
 +
|[[Article II, Michigan Constitution#Section 8|Article 2, §8]]
 +
|Michigan Compiled Laws [http://www.legislature.mi.gov/%28S%28puy5oj55dtv0ph2alvsoc4yi%29%29/mileg.aspx?page=getObject&objectName=mcl-116-1954-XXXVI Chapter 168, Michigan Election law 116-1954, Chapter XXXVI]
 +
|25% of the last votes cast for the office
 +
|90 days
 +
 
 +
|-
 +
|[[Minnesota]]
 +
|[[Article VIII, Minnesota Constitution#Section 6|Article 8, §6]]
 +
|Minnesota Statutes [https://www.revisor.leg.state.mn.us/statutes/?id=211C&format=pdf Chapter 211C]
 +
|25% of the last votes cast for the office
 +
|90 days
 +
 
 +
|-
 +
|[[Montana]]
 +
|align="center"| --
 +
|Montana Annotated Code [http://leg.mt.gov/bills/mca_toc/2_16_6.htm Title 2, Chapter 16, Part 6]
 +
|''statewide officers'': 10% of eligible voters for the office at last election<br>
 +
''For district officers'': 15% of eligible voters for the office at last election
 +
|3 months
 +
 
 +
|-
 +
|[[Nevada]]
 +
|[[Article 2, Nevada Constitution#Section 9|Article 2, §9]]
 +
|Nevada Revised Statutes [http://www.leg.state.nv.us/nrs/NRS-306.html Chapter 306], [http://www.leg.state.nv.us/nrs/NRS-294A.html#NRS294ASec006 294A.006], and  [http://www.leg.state.nv.us/nrs/NRS-539.html#NRS539Sec160 539.160 to 539.187]
 +
|25% of the last votes cast for the office
 +
|60 days
 +
 
 +
|-
 +
|[[New Jersey]]
 +
|[[Article I, New Jersey Constitution#Paragraph 2|Article 1, §2(b)]]
 +
|New Jersey Statutes [http://law.onecle.com/new-jersey/19-elections/index.html Title 19:27A-1 to 19:27A-18]
 +
|25% of registered voters in the district for the office
 +
|''Governor / U.S. Senator'':  320 days<br>
 +
''Others'': 160 days
 +
 
 +
|-
 +
|[[North Dakota]]
 +
|[[Article III, North Dakota Constitution#Section 1|Article 3, §1]] and [[Article III, North Dakota Constitution#Section 10|§10]]
 +
|North Dakota [http://www.legis.nd.gov/cencode/t16-1c01.pdf Chapter 16.1-01-09.1] and [http://www.legis.nd.gov/cencode/t44c08.pdf Chapter 44-08-21]
 +
|25% of the last votes cast for the office
 +
|align="center"| --
 +
 
 +
|-
 +
|[[Oregon]]
 +
|[[Article II, Oregon Constitution#Section 18|Article 2, §18]]
 +
|Oregon Revised Statutes [http://www.leg.state.or.us/ors/249.html Chapter 249.865 to 249.887]
 +
|15% of all votes cast for governor in last general election in the district for the office
 +
|90 days
 +
 
 +
|-
 +
|[[Rhode Island]]
 +
|[[Article IV, Rhode Island Constitution#Section 1|Article 4, §1]]
 +
|align="center"| --
 +
|15% of the last votes cast for the office
 +
|90 days
 +
 
 +
|-
 +
|[[Virginia]]
 +
|align="center"| --
 +
|Virginia Code [http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC24020000002000000000000 Title 24.2-233 to 24.2-238]
 +
|10% of the last votes cast for the office
 +
|align="center"| --
 +
 
 +
|-
 +
|[[Washington]]
 +
|[[Article I, Washington State Constitution#Section 33|Article 1, Sec. 33-34]]
 +
|Revised Code of Washington [http://apps.leg.wa.gov/RCW/default.aspx?cite=29A.56 Chapter 29A.56.110 to 29A.56.270]
 +
|''statewide officers'': 25% of the last votes cast for the office<br>
 +
''Others'': 35% of the last votes cast for the office
 +
|''Statewide officers'': 270 days<br>
 +
''Others'': 180 days
 +
 
 +
|-
 +
|[[Wisconsin]]
 +
|[[Article XIII, Wisconsin Constitution#Section 12|Article 13, §12]]
 +
|[https://docs.legis.wisconsin.gov/statutes/statutes/9/10 Wis. Stat. Ann. §9.10]
 +
|25% of all votes cast for governor in last general election in the district for the office
 +
|60 days
 +
 
 +
|}
  
* [[Laws governing recall in Alabama]]
+
==Choosing a successor==
* [[Laws governing recall in Arkansas]]
+
There are three general methods used to choose a successor for a position as a result of a recall election.<ref name="NCSLstate"/>
* [[Laws governing recall in Connecticut]] (limited)
+
* [[Laws governing recall in Florida]] (limited)
+
* [[Laws governing recall in Maine]]
+
* [[Laws governing recall in Massachusetts]]
+
* [[Laws governing recall in Missouri]]
+
* [[Laws governing recall in Nebraska]] (universal)
+
* [[Laws governing recall in New Mexico]]
+
* [[Laws governing recall in Ohio]] (does not include school boards)
+
* [[Laws governing recall in Oklahoma]]
+
* [[Laws governing recall in South Dakota]]
+
* [[Laws governing recall in Tennessee]]
+
* [[Laws governing recall in Texas]]
+
* [[Laws governing recall in Virginia]]
+
* [[Laws governing recall in West Virginia]]
+
* [[Laws governing recall in Wyoming]]
+
  
 +
'''Simultaneous Election''' -- The (potential) successor is chosen on the same ballot. This is used in:
 +
{{colbegin|3}}
 +
* [[Laws governing recall in Arizona|Arizona]]
 +
* [[Laws governing recall in California|California]]
 +
* [[Laws governing recall in Colorado|Colorado]]
 +
* [[Laws governing recall in Nevada|Nevada]]
 +
* [[Laws governing recall in North Dakota|North Dakota]]
 +
* [[Laws governing recall in Wisconsin|Wisconsin]]
 
{{colend}}
 
{{colend}}
  
===No recall (14)===
+
'''Separate Special Election''' -- The successor is chosen in a special election following the recall election. This is used in:
 +
{{colbegin|3}}
 +
* [[Laws governing recall in Georgia|Georgia]]
 +
* [[Laws governing recall in Louisiana|Louisiana]]
 +
* [[Laws governing recall in Michigan|Michigan]]
 +
* [[Laws governing recall in Minnesota|Minnesota]]
 +
* [[Laws governing recall in Montana|Montana]]
 +
* [[Laws governing recall in New Jersey|New Jersey]]
 +
* [[Laws governing recall in Oregon|Oregon]]
 +
* [[Laws governing recall in Rhode Island|Rhode Island]]
 +
* [[Laws governing recall in Illinois|Illinois]]
 +
{{colend}}
 +
 
 +
'''Appointment''' -- The successor is appointed. This is used in:
 +
{{colbegin|3}}
 +
* [[Laws governing recall in Alaska|Alaska]]
 +
* [[Laws governing recall in Idaho|Idaho]]
 +
* [[Laws governing recall in Kansas|Kansas]]
 +
* [[Laws governing recall in Virginia|Virginia]]
 +
* [[Laws governing recall in Washington|Washington]]
 +
{{colend}}
 +
 
 +
==Recall of local officials==
 +
At least 34 states allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to [[home rule]] provisions.  In those cases, the states allow cities and counties to adopt their own charters, which could then provide for local recall, even if no other city or county in the state allows it.<ref>[http://www.ncsl.org/legislatures-elections/elections/recall-of-local-officials.aspx ''National Conference of State Legislatures'', "Recall of Local Officials," February 28, 2011]</ref>
 +
 
 +
'''States with provisions for recall of local officials:'''
 +
{{colbegin|3}}
 +
* [[Laws governing recall in Alabama|Alabama]] (Limited to municipal commissioners and mayors)
 +
* [[Laws governing recall in Alaska|Alaska]]
 +
* [[Laws governing recall in Arizona|Arizona]]
 +
* [[Laws governing recall in Arkansas|Arkansas]] (Limited)
 +
* [[Laws governing recall in California|California]]
 +
* [[Laws governing recall in Colorado|Colorado]]
 +
* [[Laws governing recall in Florida|Florida]] (Limited to cities and counties)
 +
* [[Laws governing recall in Georgia|Georgia]]
 +
* [[Laws governing recall in Idaho|Idaho]]
 +
* [[Laws governing recall in Kansas|Kansas]]
 +
* [[Laws governing recall in Louisiana|Louisiana]]
 +
* [[Laws governing recall in Maine|Maine]] (Limited to charter cities and towns with recall provisions)
 +
* [[Laws governing recall in Massachusetts|Massachusetts]] (Limited)
 +
* [[Laws governing recall in Michigan|Michigan]]
 +
* [[Laws governing recall in Minnesota|Minnesota]] (Limited to county-wide offices)
 +
* [[Laws governing recall in Missouri|Missouri]] (Class 3 cities and Charter cities with recall provisions)
 +
* [[Laws governing recall in Montana|Montana]]
 +
* [[Laws governing recall in Nebraska|Nebraska]]
 +
* [[Laws governing recall in Nevada|Nevada]]
 +
* [[Laws governing recall in New Hampshire|New Hampshire]]
 +
* [[Laws governing recall in New Jersey|New Jersey]]
 +
* [[Laws governing recall in New Mexico|New Mexico]] (Limited to counties, school boards, and some municipalities)
 +
* [[Laws governing recall in North Dakota|North Dakota]]
 +
* [[Laws governing recall in Ohio|Ohio]] (Limited to [[Wikipedia:Municipal corporation|Municipal corporations]])
 +
* [[Laws governing recall in Oklahoma|Oklahoma]] (Limited)
 +
* [[Laws governing recall in Oregon|Oregon]]
 +
* [[Laws governing recall in South Dakota|South Dakota]] (Limited to mayor, commissioner or any alderman in some municipalities)
 +
* [[Laws governing recall in Texas|Texas]] (Limited to charter political subdivisions with recall provisions)
 +
* [[Laws governing recall in Tennessee|Tennessee]] (Limited)
 +
* [[Laws governing recall in Virginia|Virginia]]
 +
* [[Laws governing recall in Washington|Washington]]
 +
* [[Laws governing recall in West Virginia|West Virginia]] (Limited to charter cities)
 +
* [[Laws governing recall in Wisconsin|Wisconsin]]
 +
* [[Laws governing recall in Wyoming|Wyoming]] (Limited to cities and towns)
 +
{{colend}}
 +
 
 +
==Recall of federal officials==
 +
The [[United States Constitution]] does not provide for recall of any federally elected official. The option was considered during the drafting of the document in 1787, but was not included in the final version. Some states constitutions have stated the right of citizens to recall their members of congress, but whether it constitutionally legal at the federal level has not been yet been ruled upon by the [[United States Supreme Court]]. One of the closest noted legal precedent is ''[[U.S. Term Limits, Inc. v. Thornton]]'', in which the Supreme Court decided that states did not have the right to impose new terms, qualifications, or conditions of service on federal officials.<ref name="CRS">[http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0E%2C*PL%5B%3A%230%20%20%0A ''Congressional Research Service'', "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012]</ref>
 +
 
 +
Some states have released opinions and rulings on recall of members of the [[United States Congress]]. [[Attorney general]]s in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all gave opinions against recall of federal officials. The [[Attorney General of Wisconsin]] in 1979 give an opinion that state administration could not reject a petition for recall of a member of congress. The [[Judgepedia:New Jersey Supreme Court|Supreme Court of New Jersey]] ruled against federal recall in 2010. That same year the [[Judgepedia:North Dakota Supreme Court|Supreme Court of North Dakota]] upheld an opinion by the Attorney General of the state against recall of federal officials. Michigan courts stopped a recall petition against a member of Congress in 2007. And, a federal court in 1967 dismissed a case from Idaho where petitioners hoped to force the state to accept petitions seeking recall of a Senator.<ref name="CRS"/>
  
{{colbegin|5}}
+
==States with no recall provisions==
 +
States with no known recall provisions are as follows:
 +
{{colbegin|3}}
  
 
* [[Delaware]]
 
* [[Delaware]]
Line 75: Line 444:
 
* [[Mississippi]]
 
* [[Mississippi]]
 
* [[Laws governing recall in New Hampshire|New Hampshire]]<ref>One New Hampshire statute says that municipalities may optionally incorporate the right of recall in municipal charters.  However, a second statute does not include recall in its list of allowable citizens powers.  As a result, according to an email dated January 3, 2011 from David Scanlan, the [[New Hampshire Secretary of State|Deputy New Hampshire Secretary of State]] to [[User:Leslie Graves|Leslie Graves]], Ballotpedia's editor, "The courts in New Hampshire have not supported recall provisions in municipal charters because they are not granted that authority in state statute."</ref>
 
* [[Laws governing recall in New Hampshire|New Hampshire]]<ref>One New Hampshire statute says that municipalities may optionally incorporate the right of recall in municipal charters.  However, a second statute does not include recall in its list of allowable citizens powers.  As a result, according to an email dated January 3, 2011 from David Scanlan, the [[New Hampshire Secretary of State|Deputy New Hampshire Secretary of State]] to [[User:Leslie Graves|Leslie Graves]], Ballotpedia's editor, "The courts in New Hampshire have not supported recall provisions in municipal charters because they are not granted that authority in state statute."</ref>
* [[Laws governing recall in New York]]
+
* [[Laws governing recall in New York|New York]]
 
* [[North Carolina]]
 
* [[North Carolina]]
 
* [[Pennsylvania]]
 
* [[Pennsylvania]]
Line 83: Line 452:
  
 
{{colend}}
 
{{colend}}
 
''Note: [[Iowa]] allows voters to fail to retain judges if they receive less than a majority of support. However, these votes to retain or reject are held regularly and are not named recall elections by the state government.<ref>[http://www.iowacourts.gov/Public_Information/About_Judges/Retention/ ''Iowa Judicial Branch'', "Judicial Retention Elections," accessed June 26, 2013]</ref><ref>[http://thegazette.com/2012/08/01/iowa-republican-leaders-pushing-to-remove-supreme-court-justice/ ''The (Cedar Rapids) Gazette'', "Iowa GOP wants to oust Supreme Court justice," August 1, 2012]</ref><ref>[http://online.wsj.com/article/SB10001424052748704353504575596441490066762.html ''The Wall Street Journal'', "Review & Outlook: Iowa's Total Recall ," November 6, 2010]</ref>
 
  
 
==Whether grounds are required==
 
==Whether grounds are required==
Line 150: Line 517:
  
 
|-
 
|-
| style="background-color:#FCF75E" | [[Laws governing recall in Virginia|Virginia]]
+
| [[Laws governing recall in Virginia|Virginia]]<ref name="Virginia"/>
 
| Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" ([http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 §24.2-233])
 
| Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" ([http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-233 §24.2-233])
  
Line 158: Line 525:
  
 
|}
 
|}
 
===Grounds not required===
 
 
States where recalls can proceed without having to fit within a prescribed set of grounds include:
 
 
* [[Alabama]]
 
* [[Arizona]]
 
* [[Arkansas]]
 
* [[California]]
 
* [[Idaho]]
 
* [[Illinois]]
 
* [[Louisiana]]
 
* [[Michigan]]
 
* [[Nebraska]]
 
* [[Nevada]]
 
* [[New Jersey]]
 
* [[Ohio]]
 
* [[Oregon]]
 
* [[Tennessee]]
 
* [[West Virginia]]
 
* [[Wisconsin]]
 
* [[Wyoming]]
 
  
 
==External links==
 
==External links==
 
+
'''State:'''
* [http://www.recallcongressnow.com Recall Congress Now]
+
* [http://www.ncsl.org/Default.aspx?TabId=16581 Recall of State Officials] (''National Conference of State Legislatures'')
* [http://www.ncsl.org/programs/legismgt/elect/recallprovision.htm Recall provisions governing state officials]
+
* [http://knowledgecenter.csg.org/drupal/system/files/6.18_2012.pdf "State Recall Provisions"] (''The Book of the States 2013'')
* [http://www.ncsl.org/Default.aspx?TabId=16540 Recall provisions governing local officials]
+
'''Local:'''
 
+
* [http://www.ncsl.org/Default.aspx?TabId=16540 Recall provisions governing local officials] (''National Conference of State Legislatures'')
==Additional reading==
+
'''Federal:'''
* [http://www.wpri.org/Reports/Volume25/Vol25No3/Vol25No3.html WPRI Report: the history of the recall in Wisconsin] (April 2012)
+
* [http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0E%2C*PL%5B%3A%230%20%20%0A Recall of Legislators and the Removal of Members of Congress from Office] (''Congressional Research Service'')
* [http://mauldin.patch.com/articles/haley-detractors-launch-new-recall-petition Efforts to implement recall in South Carolina] (January 9, 2012)
+
  
 
==References==
 
==References==
 
{{reflist}}
 
{{reflist}}
 
{{Recalls by office}}
 
{{Recalls by office}}
 +
[[Category:Recall]]
 
[[Category:Laws governing the recall of politicians]]
 
[[Category:Laws governing the recall of politicians]]

Revision as of 13:53, 18 July 2013

The information on this page is meant for informational purposes only, and does not constitute legal advise. Those interest in initiating a recall should consult with their local authoritative bodies.


RecallBanner.jpg
Historical recalls
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36 states have provisions allowing for recall of certain elected officials at the local and/or state level.

Background

Recall is a process by which citizens may remove elected officials their positions before the end of their term.[1] It should not be confused with the legislative process of removing officials called impeachment. It should also not be confused with retention elections held in some some states for members of the judiciary.

Recall election of state officials

There are provisions for recalls elections of state officers in 19 states. The process begins with a petition drive and end with an election.[2]

States that allow recall elections of state officials:

Recall trial of state officials

Virginia the has a process of recall by which a trial in the state Circuit Courts is petitioned. Virginia is the only state to use this process. Virginia laws clearly state local officials can be recalled. Whether this would apply to state level officers is unclear given ambiguous legal language and issues with the jurisdiction of the court. There is no precedent of a Virginia state legislator or governor having faced recall.[3] [2]

State officials that can be recalled

The following table indicates which elected state officials (in general) can be recalled based on state law.

State Executive Legislative Judicial[4] Provision
Alaska Approveda Approveda Defeatedd "All elected public officials in the State, except judicial officers, are subject to recall..." (AK Con. Art. 11, §8)
Arizona Approveda Approveda Approveda "Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall..." (AZ Con. Art. 8, §1-6)
California Approveda Approveda Approveda "Recall is the power of the electors to remove an elective officer." (CA Con. Art. 2, §13-19)
Colorado Approveda Approveda Approveda "Every elective public officer of the state of Colorado may be recalled..." (CO Con. Art. 21)
Georgia Approveda Approveda Approveda "The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office..." (GA Con. Art. 2, §2.4)
Idaho Approveda Approveda Defeatedd "Every public officer in the state of Idaho, excepting the judicial officers, is subject to recall..." (ID Con. Art. 6, §6)
Illinois Approveda (Governor Only) Defeatedd Defeatedd "The recall of the Governor may be proposed..." (IL Con. Art. 3, §7)
Kansas Approveda Approveda Defeatedd "All elected public officials in the state, except judicial officers, shall be subject to recall by voters..." (Article 4, §3)
Louisiana Approveda Approveda Defeatedd "The legislature shall provide by general law for the recall by election of any state, district, parochial, ward, or municipal official except judges of the courts of record..." (LA Con. Art. 10, §26)
Michigan Approveda Approveda Defeatedd "Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record..." (MI Con. Art. 2, §8)
Minnesota Approveda Approveda Approveda "A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters..." (MN Con. Art. 8, §6)
Montana Approveda Approveda Approveda "Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office..." (MT Ann. Code 2-16-6)
Nevada Approveda Approveda Approveda "Every public officer in the State of Nevada is subject, as herein provided, to recall from office..." (NV Con. Art. 2, §9)
New Jersey Approveda Approveda Defeatedd "The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress..." (NJ Con. Art. 1, §2(b))
North Dakota Approveda Approveda Approveda "Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall..." (ND Con. Art. 3, §10)


Oregon Approveda Approveda Approveda "Every public officer in Oregon is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected..." (OR Con. Art. 2, §18)
Rhode Island Approveda Defeatedd Defeatedd "The governor, lieutenant governor, secretary of state, attorney-general, general treasurer shall be ... subject to recall..." (RI Con. Art. 4, §1)
Virginia Too close to calltc

[5]

Too close to calltc

[5]

Defeatedd "Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court..." (VA Code 24.2-233)
Washington Approveda Approveda Defeatedd "Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall..." (WA Con. Art. 1, Sec. 33-34)
Wisconsin Approveda Approveda Approveda "The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer..." (WI Con. Art. 13, §12)

Specific provisions for state officer recalls

The following table indicates some basic information regarding laws governing recall laws on state officers.[2]

State Legal Provisions Signature Requirement[2] Petition Time[2]
Constitution Statute
Alaska Article 11, §8 Alaska Statutes §15.45 Art. 3 and §29.26 Art. 3 25% of the last votes cast for the office --
Arizona Article 8, §1-6 Arizona Revised StatutesTitle 19, Chapter 2 25% of the last votes cast for the office 120 days
California Article 2, §13-19 California Election Code Division 11 statewide officers': 12% of the last vote casts for the office (signatures from each of 5 counties equal in number to 1% of the last vote for the office in the county)

Senate, Assembly, Board of Equalization, Courts of Appeals, and trial courts: 20% of the last votes cast for the office.

160 days
Colorado Article 21 Colorado Revised Statute Title 1, Art. 12, Part 1 and Title 31, Art. 4, Part 5 25% of the last votes cast for the office 60 days
Georgia Article 2, §2.4 Georgia Code Title 21, Chapter 4 statewide officers: 15% of eligible voters for the office at last election (1/5 from each congressional district)

Others: 30% of eligible voters for the office at last election

90 days
Idaho Article 6, §6 Idaho Statutes Title 34, Chapter 17 20% of eligible voters for the office at last election 60 days
Illinois Article 3, §7 -- 15% of the last votes cast for governor from each of at least 25 counties (plus 20 members of the House, 10 members of the Senate, no more than half for each chamber from one party) 150 days
Kansas Article 4, §3 Kansas Statutes Chapter 25, Article 43 40% of the last votes cast for the office 90 days
Louisiana Article 10, §26 Louisiana Election Code RS 18:1300.1 to 18:1300.17 33.3% of eligible voters for the office at last election (if >1,000 eligible voters)

40% of eligible voters for the office at last election (if <1,000 eligible voters)

180 days
Michigan Article 2, §8 Michigan Compiled Laws Chapter 168, Michigan Election law 116-1954, Chapter XXXVI 25% of the last votes cast for the office 90 days
Minnesota Article 8, §6 Minnesota Statutes Chapter 211C 25% of the last votes cast for the office 90 days
Montana -- Montana Annotated Code Title 2, Chapter 16, Part 6 statewide officers: 10% of eligible voters for the office at last election

For district officers: 15% of eligible voters for the office at last election

3 months
Nevada Article 2, §9 Nevada Revised Statutes Chapter 306, 294A.006, and 539.160 to 539.187 25% of the last votes cast for the office 60 days
New Jersey Article 1, §2(b) New Jersey Statutes Title 19:27A-1 to 19:27A-18 25% of registered voters in the district for the office Governor / U.S. Senator: 320 days

Others: 160 days

North Dakota Article 3, §1 and §10 North Dakota Chapter 16.1-01-09.1 and Chapter 44-08-21 25% of the last votes cast for the office --
Oregon Article 2, §18 Oregon Revised Statutes Chapter 249.865 to 249.887 15% of all votes cast for governor in last general election in the district for the office 90 days
Rhode Island Article 4, §1 -- 15% of the last votes cast for the office 90 days
Virginia -- Virginia Code Title 24.2-233 to 24.2-238 10% of the last votes cast for the office --
Washington Article 1, Sec. 33-34 Revised Code of Washington Chapter 29A.56.110 to 29A.56.270 statewide officers: 25% of the last votes cast for the office

Others: 35% of the last votes cast for the office

Statewide officers: 270 days

Others: 180 days

Wisconsin Article 13, §12 Wis. Stat. Ann. §9.10 25% of all votes cast for governor in last general election in the district for the office 60 days

Choosing a successor

There are three general methods used to choose a successor for a position as a result of a recall election.[2]

Simultaneous Election -- The (potential) successor is chosen on the same ballot. This is used in:

Separate Special Election -- The successor is chosen in a special election following the recall election. This is used in:

Appointment -- The successor is appointed. This is used in:

Recall of local officials

At least 34 states allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to home rule provisions. In those cases, the states allow cities and counties to adopt their own charters, which could then provide for local recall, even if no other city or county in the state allows it.[6]

States with provisions for recall of local officials:

Recall of federal officials

The United States Constitution does not provide for recall of any federally elected official. The option was considered during the drafting of the document in 1787, but was not included in the final version. Some states constitutions have stated the right of citizens to recall their members of congress, but whether it constitutionally legal at the federal level has not been yet been ruled upon by the United States Supreme Court. One of the closest noted legal precedent is U.S. Term Limits, Inc. v. Thornton, in which the Supreme Court decided that states did not have the right to impose new terms, qualifications, or conditions of service on federal officials.[7]

Some states have released opinions and rulings on recall of members of the United States Congress. Attorney generals in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all gave opinions against recall of federal officials. The Attorney General of Wisconsin in 1979 give an opinion that state administration could not reject a petition for recall of a member of congress. The Supreme Court of New Jersey ruled against federal recall in 2010. That same year the Supreme Court of North Dakota upheld an opinion by the Attorney General of the state against recall of federal officials. Michigan courts stopped a recall petition against a member of Congress in 2007. And, a federal court in 1967 dismissed a case from Idaho where petitioners hoped to force the state to accept petitions seeking recall of a Senator.[7]

States with no recall provisions

States with no known recall provisions are as follows:

Whether grounds are required

In some states that allow recall, a recall can only occur under certain circumstances. An example of this is Georgia, where an elected official may only be recalled under the circumstances of "an act of malfeasance or misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed."

In other states, recalls may proceed without having to fit within a prescribed set of grounds.

Grounds required

Legend:
State and local recall
Local recall only

States that allow recall elections only if they fit within certain prescribed grounds include:

State Allowable grounds for a recall
Alaska Lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)
Florida Malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude. (Fla. Stat. Ann §100.361)
Georgia Act of malfeasance or misconduct while in office; violation of oath of office; failure to perform duties prescribed by law; willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. (Ga. Code §21-4-3(7) and 21-4-4(c))
Kansas Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. No recall submitted to the voters shall be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured. (KS Stat. §25-4302)
Minnesota Serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime (Article VIII, §6, Minnesota Constitution)
Missouri Misconduct in office, incompetence, and failure to perform duties prescribed by law. (Missouri Revised Statutes Section 77.650)
Montana Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct. (Mont. Code §2-16-603)
New Mexico Malfeasance or misfeasance in office or violation of the oath of office during the official’s current term. (Article X, §6 (county officers) and Article XII, §14 (school board members) of the New Mexico Constitution. Note: Recall of elective officers in commission-manager municipalities does not require grounds.)
Rhode Island Authorized in the case of a general officer who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission (Article IV, §1, Rhode Island Constitution)
South Dakota Misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. (SDCL §9-13-30)
Virginia[5] Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" (§24.2-233)
Washington Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (Article I, §33, Washington State Constitution)

External links

State:

Local:

Federal:

References

  1. Wisconsin Legislative Reference Bureau, "Referenda and Recall: Letting the People Decide," Accessed: July 16, 2013
  2. 2.0 2.1 2.2 2.3 2.4 2.5 National Conference of State Legislatures, "Recall of State Officials," Last updated June 6, 2012
  3. Code of Virginia, "§ 24.2-233," Accessed: July 17, 2013
  4. Additional information on removal of judges can be found at: American Judicature Society, "Methods of Judicial Selection: Removal of Judges"
  5. 5.0 5.1 5.2 It is unclear whether Virginia's recall provisions would apply to state level officer.
  6. National Conference of State Legislatures, "Recall of Local Officials," February 28, 2011
  7. 7.0 7.1 Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
  8. One New Hampshire statute says that municipalities may optionally incorporate the right of recall in municipal charters. However, a second statute does not include recall in its list of allowable citizens powers. As a result, according to an email dated January 3, 2011 from David Scanlan, the Deputy New Hampshire Secretary of State to Leslie Graves, Ballotpedia's editor, "The courts in New Hampshire have not supported recall provisions in municipal charters because they are not granted that authority in state statute."