Difference between revisions of "State legislative recalls"

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In 2012, residents of Wisconsin took effort to [[Timeline of events of the recall of Wisconsin State Senators in 2012|recall four state Senators]]. The four, all of whom were Republican, faced recall on June 5. Ultimately, one of the incumbents, [[Van Wanggaard]] was successfully recalled following a recount. This gave Democrats control of the Senate.
 
In 2012, residents of Wisconsin took effort to [[Timeline of events of the recall of Wisconsin State Senators in 2012|recall four state Senators]]. The four, all of whom were Republican, faced recall on June 5. Ultimately, one of the incumbents, [[Van Wanggaard]] was successfully recalled following a recount. This gave Democrats control of the Senate.
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==Rules governing recall==
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===Petition requirements===
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In the 18 states, 15 base the number of signatures required to force a recall election is a percentage of the number of votes cast in the most recent for the office held by the incumbent whose recall is sought.  In just 3 states (Oregon, Michigan and Wisconsin), the number of signatures required is a percentage of the number of votes cast for the office of [[governor]] in the legislative district where the incumbent is targeted.
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In any of the states that allow state legislative recall, the shortest number of days allowed  to collect the required number of signatures is 60 days. Only three states (Colorado, Idaho and Wisconsin) allow 60 days. Seven states allow 90 days. The remaining 8 states allow more than 90 days; with two states not explicitly giving a time within which the signatures must be collected.
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{|class="wikitable" cellspacing="0" cellpadding="5" border="1" style="background:none" style="width:95%;"
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|-
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! style="background-color:#008000; color: white;" | State legislature
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! style="background-color:#008000; color: white;" | Recall laws
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! style="background-color:#008000; color: white;" | Signatures needed
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! style="background-color:#008000; color: white;" | Time allowed to collect
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|-
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| [[Alaska State Legislature|Alaska]]
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| [[Laws governing recall in Alaska|Alaska's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | Unspecified in the law
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|-
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| [[Arizona State Legislature|Arizona]]
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| [[Laws governing recall in Arizona|Arizona's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | 120 days
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|-
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| [[California State Legislature|California]]
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| [[Laws governing recall in California|California's laws]]
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| align="center" | 20% of the number of votes cast in the last election for that office.
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| align="center" | 160 days
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|-
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| [[Colorado General Assembly|Colorado]]
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| [[Laws governing recall in Colorado|Colorado's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | 60 days
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|-
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| [[Georgia State Legislature|Georgia]]
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| [[Laws governing recall in Georgia|Georgia's laws]]
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| align="center" | 15% of the number of votes cast in the last election for that office.
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| align="center" | 90 days
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|-
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| [[Idaho State Legislature|Idaho]]
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| [[Laws governing recall in Idaho|Idaho's laws]]
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| align="center" | 20% of the number of votes cast in the last election for that office.
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| align="center" | 60 days
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|-
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| [[Kansas State Legislature|Kansas]]
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| [[Laws governing recall in Kansas|Kansas' laws]]
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| align="center" | 40% of the number of votes cast in the last election for that office.
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| align="center" | 90 days
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|-
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| [[Louisiana State Legislature|Louisiana]]
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| [[Laws governing recall in Louisiana|Louisiana's laws]]
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| align="center" | 33.3% of the number of votes cast in the last election for that office.
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| align="center" | 180 days
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|-
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| [[Michigan State Legislature|Michigan]]
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| [[Laws governing recall in Michigan|Michigan's laws]]
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| align="center" | 25% of the number of votes cast in the last election for the office of [[Governor of Michigan]]<br> in the targeted state legislative district
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| align="center" | 90 days
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|-
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| [[Minnesota State Legislature|Minnesota]]
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| [[Laws governing recall in Minnesota|Minnesota's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | 90 days
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|-
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| [[Montana State Legislature|Montana]]
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| [[Laws governing recall in Montana|Montana's laws]]
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| align="center" | 15% of the number of votes cast in the last election for that office.
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| align="center" | 3 months
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|-
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| [[Nevada State Legislature|Nevada]]
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| [[Laws governing recall in Nevada|Nevada's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | 90 days
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|-
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| [[New Jersey State Legislature|New Jersey]]
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| [[Laws governing recall in New Jersey|New Jersey's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | 160 days
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|-
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| [[North Dakota State Legislature|North Dakota]]
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| [[Laws governing recall in North Dakota|North Dakota's laws]]
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| align="center" | 25% of the number of votes cast in the last election for that office.
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| align="center" | Unspecified in the law
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|-
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| [[Oregon State Legislature|Oregon]]
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| [[Laws governing recall in Oregon|Oregon's laws]]
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| align="center" | 15% of the number of votes cast in the last election for the office of [[Governor of Oregon]]<br> in the targeted state legislative district
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| align="center" | 90 days
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|-
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| [[Rhode Island State Legislature|Rhode Island]]
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| [[Laws governing recall in Rhode Island|Rhode Island's laws]]
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| align="center" | 15% of the number of votes cast in the last election for that office.
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| align="center" | 90 days
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|-
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| [[Washington State Legislature|Washington]]
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| [[Laws governing recall in Michigan|Washington's laws]]
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| align="center" | 35% of the number of votes cast in the last election for that office.
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| align="center" | 180 days
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|-
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| [[Wisconsin State Legislature|Wisconsin]]
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| [[Laws governing recall in Wisconsin|Wisconsin's laws]]
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| align="center" | 25% of the number of votes cast in the last election for the office of [[Governor of Wisconsin]]<br> in the targeted state legislative district
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| align="center" | 60 days
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|}
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==Required reasons, where reasons are required==
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{|class="wikitable sortable" cellspacing="0" cellpadding="5" border="1" style="background:none" style="width:95%;"
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|-
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! style="background-color:#008000; color: white;" | State
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! style="background-color:#008000; color: white;" | Grounds required
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|-
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| [[Laws governing recall in Alaska|Alaska]]
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| Lack of fitness, incompetence, neglect of duties or corruption ([http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/stattx10/query=*/doc/{t7153}/pageitems={body}? AS §15.45.510])
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|-
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| [[Laws governing recall in Georgia|Georgia]]
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| 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. ([http://web.lexisnexis.com/research/retrieve?_m=9a1db3d340555111e0babc5247402cf6&_fmtstr=TOC&_startdoc=&wchp=dGLzVlb-zSkAB&_md5=b5b80ceafccd6d79717928e0e4052197#TAAVAAF Ga. Code §21-4-3(7) and 21-4-4(c)])
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|-
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| [[Laws governing recall in Kansas|Kansas]]
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| 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. ([http://kansasstatutes.lesterama.org/Chapter_25/Article_43/#25-4302 KS Stat. §25-4302])
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|-
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| [[Laws governing recall in Minnesota|Minnesota]]
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| 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, Minnesota Constitution#Section 6|Article VIII, §6, Minnesota Constitution]])
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|-
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| [[Laws governing recall in Montana|Montana]]
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| 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. ([http://data.opi.mt.gov/bills/mca/2/16/2-16-603.htm Mont. Code §2-16-603])
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|-
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| [[Laws governing recall in Rhode Island|Rhode Island]]
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| 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, Rhode Island Constitution#Section 1|Article IV, §1, Rhode Island Constitution]])
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|-
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| [[Laws governing recall in Michigan|Washington]]
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| Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office ([[Article I, Washington State Constitution#Section 33|Article I, §33, Washington State Constitution]])
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|}
  
 
==Recall campaigns==
 
==Recall campaigns==

Revision as of 10:46, 11 June 2014

See also: States where state legislators can be recalled
SLP Badge Transparent.png
State Legislative Recalls

Recall Information
About Recalls
Recall Rules
Recall Campaigns
Recall Results

Political Recalls Portal
List of Recall Efforts
States with RecallsPolitical recall laws


The recall process offers another way for people to have a voice in how their government is run.

Recall is a process available in most jurisdictions whereby an elected official can be removed from office either for malfeasance or in some jurisdictions for any action the recall language specifies. For recalls, most state laws have set the highest signature threshold for any type of petition—most often requiring 25% of all registered voters or 25% of voters in the last election for the recalled office to sign a recall petition.

State legislators can be recalled in 18 states. As of September 2014, 73 recalls have been attempted, with 37 making it to the ballot. Of those, 21 have been successful. The first successful recall occurred in California in 1913.

History

1913-2008

Between 1913 and 2008, there were 21 state legislative recall elections and all of them took place in just five states: California, Idaho, Michigan, Oregon and Wisconsin.

  • 13 of the recall elections were directed at state senators, with 8 successfully recalled.
  • 8 of the recall elections were directed at state representatives, with 5 successfully recalled.

Of the 21 state legislative recall elections, 13 were successful.

Recall of Wisconsin State Senators in 2011

In 2011, residents of Wisconsin took effort to recall as many as 16 sitting state senators. Sufficient signatures were ratified for nine senators, and all nine faced recall during August 2011. Two sitting Republican senators -- Dan Kapanke and Randy Hopper -- were recalled. As a result of the Wisconsin Senators, the nation figures climbed to 29 total state legislative recalls.

November 8, 2011

Voters removed two state legislators on November 8, 2011.

Recall of Wisconsin State Senators in 2012

In 2012, residents of Wisconsin took effort to recall four state Senators. The four, all of whom were Republican, faced recall on June 5. Ultimately, one of the incumbents, Van Wanggaard was successfully recalled following a recount. This gave Democrats control of the Senate.

Rules governing recall

Petition requirements

In the 18 states, 15 base the number of signatures required to force a recall election is a percentage of the number of votes cast in the most recent for the office held by the incumbent whose recall is sought. In just 3 states (Oregon, Michigan and Wisconsin), the number of signatures required is a percentage of the number of votes cast for the office of governor in the legislative district where the incumbent is targeted.

In any of the states that allow state legislative recall, the shortest number of days allowed to collect the required number of signatures is 60 days. Only three states (Colorado, Idaho and Wisconsin) allow 60 days. Seven states allow 90 days. The remaining 8 states allow more than 90 days; with two states not explicitly giving a time within which the signatures must be collected.

State legislature Recall laws Signatures needed Time allowed to collect
Alaska Alaska's laws 25% of the number of votes cast in the last election for that office. Unspecified in the law
Arizona Arizona's laws 25% of the number of votes cast in the last election for that office. 120 days
California California's laws 20% of the number of votes cast in the last election for that office. 160 days
Colorado Colorado's laws 25% of the number of votes cast in the last election for that office. 60 days
Georgia Georgia's laws 15% of the number of votes cast in the last election for that office. 90 days
Idaho Idaho's laws 20% of the number of votes cast in the last election for that office. 60 days
Kansas Kansas' laws 40% of the number of votes cast in the last election for that office. 90 days
Louisiana Louisiana's laws 33.3% of the number of votes cast in the last election for that office. 180 days
Michigan Michigan's laws 25% of the number of votes cast in the last election for the office of Governor of Michigan
in the targeted state legislative district
90 days
Minnesota Minnesota's laws 25% of the number of votes cast in the last election for that office. 90 days
Montana Montana's laws 15% of the number of votes cast in the last election for that office. 3 months
Nevada Nevada's laws 25% of the number of votes cast in the last election for that office. 90 days
New Jersey New Jersey's laws 25% of the number of votes cast in the last election for that office. 160 days
North Dakota North Dakota's laws 25% of the number of votes cast in the last election for that office. Unspecified in the law
Oregon Oregon's laws 15% of the number of votes cast in the last election for the office of Governor of Oregon
in the targeted state legislative district
90 days
Rhode Island Rhode Island's laws 15% of the number of votes cast in the last election for that office. 90 days
Washington Washington's laws 35% of the number of votes cast in the last election for that office. 180 days
Wisconsin Wisconsin's laws 25% of the number of votes cast in the last election for the office of Governor of Wisconsin
in the targeted state legislative district
60 days

Required reasons, where reasons are required

State Grounds required
Alaska Lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)
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)
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)
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)
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)

Recall campaigns

[edit]

There has been 1 state legislative recall attempted in 2014.

There was 1 state legislative recalls attempted in 2003.

There was 1 state legislative recalls attempted in 1996.

There was 1 state legislative recalls attempted in 1994.

There was 1 state legislative recalls attempted in 1990.

There was 1 state legislative recalls attempted in 1988.

There was 1 state legislative recalls attempted in 1985.

There were 2 state legislative recalls attempted in 1983.

There were 2 state legislative recalls attempted in 1971.

There was 1 state legislative recalls attempted in 1935.

There was 1 state legislative recalls attempted in 1932.

There was 1 state legislative recalls attempted in 1914.

There were 2 state legislative recalls attempted in 1913.

Recall results

Legend:
Approveda = Recall approved at the ballot
Defeatedd = Recall defeated at the ballot
Did not make ballot = Recall did not make ballot
In Progress = Recall still in progress

State legislative recall results
Name Year State Chamber Result
Kimberly Yee 2014 Arizona Senate Did not make ballot
Angela Giron 2013 Colorado Senate Approveda
Chad Campbell 2013 Arizona House Did not make ballot
Evie Hudak 2013 Colorado Senate Did not make ballot
John Kavanagh 2013 Arizona House Did not make ballot
John Morse 2013 Colorado Senate Approveda
Lindsey Holmes 2013 Alaska House Did not make ballot
Michael McLachlan 2013 Colorado House Did not make ballot
Bob Jauch 2012 Wisconsin Senate Did not make ballot
Bruce Caswell 2012 Michigan Senate Did not make ballot
Charles Kleckley 2012 Louisiana House Did not make ballot
George Cromer 2012 Louisiana House Did not make ballot
Kevin Pearson 2012 Louisiana House Did not make ballot
Pam Galloway 2012 Wisconsin Senate Approveda
Patrick Colbeck 2012 Michigan Senate Did not make ballot
Phil Pavlov 2012 Michigan Senate Did not make ballot
Randy Richardville 2012 Michigan Senate Did not make ballot
Ray Garofalo 2012 Louisiana House Did not make ballot
Scott Fitzgerald 2012 Wisconsin Senate Defeatedd
Terry Moulton 2012 Wisconsin Senate Defeatedd
Van Wanggaard 2012 Wisconsin Senate Approveda
Al Pscholka 2011 Michigan House Did not make ballot
Alberta Darling 2011 Wisconsin Senate Defeatedd
Brandon Dillon 2011 Michigan House Did not make ballot
Dan Kapanke 2011 Wisconsin Senate Approveda
Dave Hansen 2011 Wisconsin Senate Defeatedd
James Bolger 2011 Michigan House Did not make ballot
Jim Holperin 2011 Wisconsin Senate Defeatedd
Jim Townsend 2011 Michigan House Did not make ballot
John Moolenaar 2011 Michigan Senate Did not make ballot
John Pappageorge 2011 Michigan Senate Did not make ballot
Judy Emmons 2011 Michigan Senate Did not make ballot
Kurt Damrow 2011 Michigan House Did not make ballot
Kyle Johansen 2011 Alaska House Did not make ballot
Lisa Brown 2011 Michigan House Did not make ballot
Luther Olsen 2011 Wisconsin Senate Defeatedd
Michael Nofs 2011 Michigan Senate Did not make ballot
Mike Green 2011 Michigan Senate Did not make ballot
Mike Shirkey 2011 Michigan House Did not make ballot
Nancy Jenkins 2011 Michigan House Did not make ballot
Paul Scott 2011 Michigan House Approveda
Randy Hopper 2011 Wisconsin Senate Approveda
Randy Richardville 2011 Michigan Senate Did not make ballot
Robert Cowles 2011 Wisconsin Senate Defeatedd
Robert Wirch 2011 Wisconsin Senate Defeatedd
Russell Pearce 2011 Arizona Senate Approveda
Sheila Harsdorf 2011 Wisconsin Senate Defeatedd
Abel Maldonado 2009 California Senate Did not make ballot
Anthony Adams 2009 California House Did not make ballot
Jeff Miller 2009 California House Did not make ballot
Jim Silva 2009 California House Did not make ballot
Rashida Tlaib 2009 Michigan House Did not make ballot
Roy Ashburn 2009 California Senate Did not make ballot
Andy Dillon 2008 Michigan House Defeatedd
Jeff Denham 2008 California Senate Defeatedd
Robert Dean 2008 Michigan House Did not make ballot
Gary George 2003 Wisconsin Senate Approveda
George Petak 1996 Wisconsin Senate Approveda
Mike Machado 1995 California House Defeatedd
Paul Horcher 1995 California House Approveda
Doris Allen 1995 California House Approveda
David Roberti 1994 California Senate Defeatedd
Jim Holperin 1990 Wisconsin Senate Defeatedd
Bill Olsen 1988 Oregon Senate Approveda
Pat Gillis 1985 Oregon House Approveda
David Serotkin 1983 Michigan Senate Approveda
Phil Mastin 1983 Michigan Senate Approveda
Fisher Ellsworth 1971 Idaho Senate Approveda
Aden Hyde 1971 Idaho House Approveda
Harry Merriam 1935 Oregon House Approveda
Otto Mueller 1932 Wisconsin Senate Defeatedd
Edwin Grant 1914 California Senate Approveda
James Owens 1913 California Senate Defeatedd
Marshall Black 1913 California Senate Approveda

See also