Recall (political)
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A political recall is the process by which citizens can remove elected officials from office before their term is completed. This process typically includes the circulation of petitions by recall organizers, the evaluation of signatures by election officials, and a public vote if the petitions are deemed to have sufficient valid signatures.
The details of the recall process vary from state to state. Officials who are recalled in five states have their successors determined by appointment, for example. Political recall efforts in Virginia result in a circuit court trial instead of an election. Click here to learn about the laws governing recalls in each state.
In the states that allow political recalls, the recall vote may involve one of the following: a yes/no vote on the targeted official, a contested vote between the targeted official and one or more challengers, or a simultaneous yes/no vote on the targeted official and a vote to select a replacement if the official loses the yes/no vote. Of the 39 states that allow political recalls, 12 require legal or political grounds for the recall petition, which can range from disagreements over policy to malfeasance or abuse of power.
Which states allow recalls?
Eleven states do not allow recalls of public officials, while three states allow recalls for all public officials. Nineteen states allow recalls of state officials. The remaining states allow recalls of select public officials. Hover over states on the map below to learn about the offices eligible for recall in each state and to learn which states require legal or political grounds for recalls.
Notable recalls
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| What exactly happens in a recall election? Staff Writer Elisabeth Moore gives a 2-minute overview, including what it means and which officials can be recalled. View other episodes here. |
Ballotpedia publishes two reports each year to highlight recall statistics and notable recall efforts at the local and state government levels. Click the links below to read these reports:
- 2020 mid-year report (June 22, 2020)
- 2019 annual report (December 20, 2019)
- 2019 mid-year report (June 27, 2019)
- 2018 annual report (December 17, 2018)
- 2018 mid-year report (June 15, 2018)
- 2017 annual report (December 15, 2017)
- 2017 mid-year report (June 19, 2017)
- 2016 annual report (December 22, 2016)
- 2016 mid-year report (June 20, 2016)
- 2015 annual report (December 16, 2015)
- 2015 mid-year report (June 30, 2015)
- 2014 annual report (December 15, 2014)
- 2014 mid-year report (June 17, 2014)
Recall of federal officials
The United States Constitution does not provide for recall of any federally elected official. The option was considered during the drafting of the document in 1787, but was not included in the final version. Some state constitutions have stated the right of citizens to recall their members of the United States Congress, but whether it is constitutionally legal at the federal level has not been yet been ruled upon by the United States Supreme Court. One of the closest noted legal precedent is U.S. Term Limits, Inc. v. Thornton, in which the Supreme Court decided that states did not have the right to impose new terms, qualifications, or conditions of service on federal officials.[1]
Some states have released opinions and rulings on recall of members of the U.S. Congress. Attorney generals in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all issued opinions against the recall of federal officials. Conversely, the Attorney General of Wisconsin in 1979 give an opinion that state administration could not reject a petition for recall of a member of the U.S. Congress. In 2010, the Supreme Court of New Jersey ruled against federal recall and the Supreme Court of North Dakota also upheld an opinion by the state's attorney general against federal recall. Michigan courts stopped a recall petition against a member of Congress in 2007. A federal court in 1967 dismissed a case from Idaho where petitioners hoped to require the state to accept petitions seeking recall of a U.S. Senator.[1]
See also
- Upcoming recall elections
- List of political recalls
- Recall campaigns, organized by political office of targeted incumbent
- Laws governing recall
External links
Footnotes
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