Laws governing recall in Maryland
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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 Maryland. Maryland allows for the recall of 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
Maryland law does not provide for the recall of state officials.[2]
Local officials
In Maryland, local elected officials can be recalled at the municipal level, with the process set out in city charters. The rules vary by city.[3]
Process
Rules on when a recall effort may be initiated against a local official differ by city. For instance, the Bowie City Charter provides: "Registered voters may file a petition with the city clerk for the recall of any councilmember or mayor with six (6) or more months remaining in his or her term."[4] By contrast, the Salisbury City Charter does not specify when a recall may be initiated.[5]
Prerequisites
Reasons for recall
In Maryland, the grounds for recall differ by municipality.
Petition
Signature requirements
- See also: Maryland signature requirements
Signature requirements to trigger a recall election vary by city. In Bowie, for example, "A special recall election shall be held if twenty–five percent (25%) of the registered voters, within the district of the affected councilmember or within the city for councilmembers elected at large or the mayor, have signed the petition within thirty (30) days of its filing."[4] In contrast, Salisbury requires: "a petition signed by at least thirty percent (30%) of the qualified registered voters of the City of Salisbury in the case of the Mayor and thirty percent (30%) of the qualified registered voters of the Councilmember's district in the case of a Councilmember must be presented to the Mayor and City Council at a regular Council meeting."[5]
Election
Requirements for scheduling a recall election differ from city to city. The Bowie city charter stipulates that, "The special recall election shall take place within thirty (30) days of certification of the petition."[4] In Salisbury, the charter states, "Once the results of the reaffirmation vote are certified and the majority vote is to 'remove' the City Official, a special election will be held within forty-five (45) days of the certification."[5]
Legislation involving recall elections
The table below lists bills related to recall elections in Maryland. 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
- ↑ National Conference of State Legislatures, "Recall of State Officials," September 15, 2021
- ↑ WHYY, "Mapping: State laws for recalling or removing local elected officials," October 18, 2016
- ↑ 4.0 4.1 4.2 MDMunicipal.org, "Bowie City Charter," accessed March 1, 2019
- ↑ 5.0 5.1 5.2 Municode.com, "Salisbury Codes of Ordinance," accessed March 1, 2019
