Laws governing recall in Rhode Island

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Recall elections

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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 Rhode Island. Rhode Island allows for the recall of state and local 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

Article IV Section 1 of the Rhode Island Constitution provides that the offices of governor, lieutenant governor, secretary of state, attorney general, and treasurer are subject to recall.[2]

Local officials

Local recall procedures are set in municipal charters, which may establish the offices subject to recall, the required signatures, and the deadlines for the process.

Process

Prerequisites

Term length

Recall elections against state officials may not take place during the first six months or the last year of the official's term of office.[2]

Reasons for recall

State officials that have 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" may be recalled.[2]

Petition

Petition form

A recall petition must be obtained from the state board of elections and signatures equal in number to 3% of the votes cast in the last election for that office must be gathered. After this takes place the state board of elections will issue a recall petition for circulation among the electors of the state. The petition must include an explanatory statement of not more than 100 words on why the official should be recalled.[2]

Signature requirements

Petitioners will have 90 days to gather signatures equal in number to 15% of the votes for said office in the last general election.[2]

Election

If the proper number of signatures have been gathered in 90 days and have been verified by the state board of elections, a date for the recall election will be set. If in that election a majority of the voters of the state vote for a recall of the official, then the office will be declared vacant and a separate election will take place.[2]

Legislation involving recall elections

The table below lists bills related to recall elections in Rhode Island. 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?
    What are recalls?
  • Recall efforts
    Recall efforts
  • education-policy-icon.png
    Ballotpedia's Recall Report
  • Recalls by state
    Recalls by state
  • Recalls by office
    Recalls by office
  • Recall laws
    Recall laws


External links

Footnotes