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Laws governing recall in Washington

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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 Washington. Washington 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 and local officials

The citizens of Washington are granted the authority to perform a recall election by Sections 33 and 34 of Article I of the Washington State Constitution to all elective officers of the state of Washington except judges of courts of record.[2]

Process

Prerequisites

Reasons for recall

Article I, §33 of the Washington Constitution states that a recall can only occur if the targeted public official has "committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office."[2]

The Revised Code of Washington states the following on initiating a recall against an elected official:[3]

“

Initiating proceedings—Statement—Contents—Verification—Definitions.

Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.

For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.[4]
 ”

Petition

Signature requirements

A petition for recall must include a specified number of valid signatures from registered voters determined as a percentage of total votes cast for all candidates who ran for the office in the most recent election contest. This amounts to:[5]

“

(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more—signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative—signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.[4]

”

Supporters trying to recall a statewide elected official must turn in signatures within 270 days. The recall campaigns for non-statewide officials have 180 days to turn in signatures.[6]

Election

If the yes/no recall election is successful, the official is removed from office, and the office is declared vacant.

How vacancies are filled

Governor

Article III, §10 of the Washington Constitution states, "In case of the removal, resignation, death or disability of the governor, the duties of the office shall devolve upon the lieutenant governor; and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of the governor shall devolve upon the secretary of state"

Legislature and county offices

Article II, §15 of the Washington Constitution states, "Such vacancies as may occur in either house of the legislature or in any partisan county elective office shall be filled by appointment by the county legislative authority of the county in which the vacancy occurs."

Legislation involving recall elections

The table below lists bills related to recall elections in Tennessee. 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?
    Read more
  • Recall efforts
    Recall efforts
    Read more
  • education-policy-icon.png
    Ballotpedia's Recall Report
    Read more
  • Recalls by state
    Recalls by state
    Read more
  • Recalls by office
    Recalls by office
    Read more
  • Recall laws
    Recall laws
    Read more


External links

Footnotes

  1. ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
  2. ↑ 2.0 2.1 Washington State Legislature, "Constitution of the State of Washington," accessed May 27, 2021
  3. ↑ Washington State Legislature, "Revised Code of Washington: 29A.56.110," accessed May 27, 2021
  4. ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ Washington State Legislature, "Revised Code of Washington: 29A.56.180," accessed May 27, 2021
  6. ↑ Washington State Legislature, "Revised Code of Washington: 29A.56.150," accessed May 27, 2021
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