Difference between revisions of "States with gubernatorial recall provisions"

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==Colorado==
 
==Colorado==
 
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:: ''See also: [[Governor of Colorado]]''
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:: ''See also: [[Governor of Colorado]]'' and ''[[Laws governing recall in Colorado]]''
  
 
Recalls are governed under [[Article XXI, Colorado Constitution|Article XXI, Sections 1 through 3]]
 
Recalls are governed under [[Article XXI, Colorado Constitution|Article XXI, Sections 1 through 3]]

Revision as of 08:33, 21 April 2011

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This page addresses the provisions for recalling an elected Governor in the United States.

A recall is a special election, triggered by a citizen initiated petition, in which an incumbent officer holder is made to stand for a special election to keep his or her job.

Only 19 states allow for a recall election.

Colorado

Colorado
See also: Governor of Colorado and Laws governing recall in Colorado

Recalls are governed under Article XXI, Sections 1 through 3

State officials, including the Governor, are subject to recall after the first six months of their term. by filing a petition with the same officer who accepts the nominating petition for the office in question. For example, as nominating petitions for statewide office are filed with the Secretary of State, the petition to recall a statewide officer would also be filed with the Secretary of State.

The petition must have valid signatures equal to 25% of the votes cast for the incumbent in the city, county, or municipality which the targeted incumbent represents. As the Governor is a statewide office, the petition threshold is 25% of all votes cast for governor in the last election.

Currently, that number would be 446,933, or 25% of 1,787,730, the total ballots cast in the 2010 gubernatorial race.

Additionally, the petition must contain a statement, not exceeding 200 words, stating the grounds for the recall.

Normally, the Governor is the officer charged with calling a recall election. However, if the Governor is the officer being recalled, charge of the recall election devolves to the Lieutenant Governor. The incumbent subject to recall has five days to resign before the presiding officer calls the recall election.

If the petition, once submitted, is insufficient, it may be withdrawn and, within 15 days, amended and refiled. Once determined to be sufficient, a recall petition shall be, along with a certificate, submitted to the Lieutenant Governor, who calls a recall election not less than 30 days and not more than 60 days from the date of the petition's filing. However, if a general election is set within 90 days, the recall election may be combined with the general election.

If the recall fails, the incumbent may not be recalled again for the remainder of his or her term. Additionally, an incumbent who survives a recall is legally entitled to reimbursement of certain expenses from the State Treasury.

Wisconsin

Wisconsin
See also: Governor of Wisconsin

Recall elections are governed under Article XIII, Section 12 of the Wisconsin Constitution.

All elected officers are subject to recall, after the first year of their term, by filing a petition with the same officer who accepts the nominating petition for the office in question. For example, as nominating petitions for statewide office are filed with the Secretary of State, the petition to recall a statewide officer would also be filed with the Secretary of State.

The petition must have valid signatures equal to 25% of the votes cast for the Governor in the city, county, or municipality which the targeted incumbent represents. As the governor is a statewide office, the petition threshold is 25% of all votes cast for governor in the last election.

Currently, that number would be 540,208, or 25% of 2,160,832, the total ballots cast in the 2010 gubernatorial race.

If the petition is valid, the filing officer must call a recall election for the Tuesday of the 6th week after the petition is filed. If that Tuesday is a legal holiday, the recall election is held the next day.

An incumbent under recall holds his or her office and carries out the duties until the results of the recall are declared. Unless a recalled incumbent declines to run within ten days of the recall election being called, the incumbent is assumed to have declared for the race.

For a partisan office, such as the Governor, a recall primary is held for each party legally entitled to a separate ballot. if a recall primary is called, it is on the same date as the recall primary.

If the recall fails, the incumbent may not be recalled again for the remainder of his or her term.