how many states allow recall elections

NCSLs Statewide Ballot Measures Database includes all statewide ballot measures in the 50 states and the District of Columbia, starting over a century ago. 21 states allow local recall in certain communities. Ballotpedia tracked 136 recall efforts against 131 state lawmakers from 1913 to 2022. Stat. 22 states allow for the recall of school board members Additionally, each recall state except Illinois and Rhode Island further explains its recall processes in state statutes. State legislators can be recalled in 18 states. in the fall, elections in which voters elect officeholders. 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. Removing local elected officials is harder in Pa. than almost anywhere Likewise, the unsuccessful bid nine years ago to remove Walker. Stat. 30% of the number of registered voters in the last election for that office. Art. Mapping: State laws for recalling or removing local elected - WHYY "Last year 15 Governors faced recall attempts. The amount of time recall petitions are allowed to be circulated also varies by state. Please give today. Last updated: Sep 7, 2022 3 min read. Tech: Matt Latourelle Ryan Burch Kirsten Corrao Beth Dellea Travis Eden Tate Kamish Margaret Kearney Eric Lotto Joseph Sanchez. In 2012, Wisconsin Governor Scott Walker survived a recall election. Simultaneous Election The (potential) successor is chosen on the same ballot. Only three states (Colorado, Idaho, and Wisconsin) allow 60 days. Initiatives and referendums in the United States - Wikipedia One New Hampshire statute says that municipalities may optionally incorporate the right of recall in municipal charters. Can a recall be used to remove an elected official? Nineteen states allow recall elections, but even in them, the odds of success are slim. The number of signatures required on recall petitions and the amount of time allowed for petition circulation vary by state. Attorney generals in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all issued opinions against the recall of federal officials. Arnold Schwarzenegger, but the GOP has continued to lose ground in the state. These requirements can be demanding and are listed in the table below. WHYY offers a voice to those not heard, a platform to share everyones stories, a foundation to empower early and lifelong learners and a trusted space for unbiased news. 539.163 539.185, New Jersey Const. "However, the last two have happened in the last decade," she said, pointing to the "highly polarized political landscape.". No recall submitted to the voters shall be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured. 12 states dont allow local recall elections. Hawaiis counties allow local recall; the state doesnt have any other form of general purpose local government, according to University of Hawaii law professor David Callies. In 1988, Arizona Republican Gov. Once enough signatures are collected and verified by the state's election officials, the recall procedure can begin. "We might see more recall elections in the future than we've seen to date," she told NPR. 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. In seven of these states (Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington), a state legislative recall petition cannot be approved for circulation unless it is established that the legislator engaged in certain types of conduct. In Virginia, after a petition containing the required number of signatures is verified, a circuit court decides whether a Virginia official will be removed from office. Shino, however, cautioned not to make broad comparisons between the recall votes for Walker and Newsom. The map below shows which states allow recalls and whether they allow the recall of both state and local officials or only local officials. Voters have the option to vote. Should recall elections come to NH? | Citizens Count Easily browse the critical components of this report. Governor, Secretary of State, Treasurer, Attorney General, 15% of total votes cast for said office in last general election, Every elective public officer of the state except judges of courts of record, 35% of the votes cast in the last election for the official being recalled, Any state, judicial, congressional or legislative official, 25% of total votes cast for the office of governor at the last election within the same district or territory of that officer being recalled. Policy Research Ch. [1], Some states have released opinions and rulings on recall of members of the U.S. Congress. Click here to contact our editorial staff, and click here to report an error. . (, Authorized in the case of a general officer who has 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 (, Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (. Officials on this list who "survived recall election" are people who were not voted out of office in the subsequent recall election. If a majority votes "yes" on the recall question, then the incumbent is recalled and the successor is elected via the second part of the ballot. 33.3% of the number of votes cast in the last election for that office. 21; Colo. Rev. (, Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. Art. Exploring the stories that matter across the commonwealth with all Pennsylvanians in mind. He sort of became a darling of conservatives around the country as a result, and that helped fuel his presidential campaign," Burden said. Additional information on removal of judges can be found at: It is unclear whether Virginia's recall provisions would apply to state level officer. Ann. Thirty-nine states have provisions allowing for recall of certain elected officials at the local and/or state level.[1][2]. Of the 39 states that allow for the recall of elected officials at some level of government, 20 states allow gubernatorial recalls. Georgia, Nebraska, and North Carolina have the shortest petition circulation time with 30 days. Even the successful recall of Davis 18 years ago was a Pyrrhic victory, Spivak told NPR's Morning Edition this week. The recall process is similar tothe ballot initiative processin that it requires the submission of citizen petitions. Although the law hasnt been amended, officials defer to the constitutionally prescribed process. Recall (political) - Ballotpedia In California. Connecticuts recall communities are capped at five with a combined population thats less than 10 percent of the state total. 5) County board of commissioners appoints a person from a list submitted by a committee of the political party of the person recalled. 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. Twelve states don't allow recall elections at the local level, but with the exception of Pennsylvania, Mississippi and Utah do let local governing bodies vote out one of their own for various reasons. 1, Sec. Newest to Oldest . The second form of simultaneous recall election is a two-question election. In 2012, Michigan passed a law requiring that a recall petition must clearly and factually state the reason(s) for the recall, which must be based on the elected official's conduct during his or her term of office (M.C.L. The process begins with a petition drive and ends with an election.[4]. 25% of the number of votes cast in the last election for that office. The amount of time recall petitions are allowed to be circulated also varies by state. Eleven of those occurred in a single year, 2011. Thirty-nine states allow recalls of public officials at the local level. There is no question at all regarding the 10th amendment. Recall differs from another method for removing officials from officeimpeachmentin that it is a political device while impeachment is a legal process. "I don't think Democrats gained anything in Wisconsin," Barry Burden, a political science professor at the University of Wisconsin-Madison, told NPR. 1913 California State Senator Marshall Black: successfully recalled. Once the required signatures are obtained and submitted, the signatures must be verified. In the first question, voters are asked whether the sitting governor should be recalled. Generally, the number of signatures to be obtained corresponds to a certain percentage of the votes cast during the last election for the office of governor or the number of registered voters in the state. Even so, "[There] have been tons of attempts to recall Governors ," wrote Joshua Spivak, author of Recall Elections: From Alexander Hamilton to Gavin Newsom. For example, in 2017 and 2018, recall election legislation failed to pass the New York and West Virginia legislatures, and legislation that would have allowed recall of state legislators failed to pass the Illinois General Assembly. The first question is whether the official should be recalled. 13, 12; Wis. Stat. For example, under this Michigan law a voter could initiate a recall against a legislator on the political grounds that the legislator voted against an issue the voter supports. Operations: Meghann Olshefski Mandy Morris Kelly Rindfleisch 1) In these states, the recall ballot consists of a list of candidates for the office held by the person against whom the recall petition was filed. External Relations: Moira Delaney Hannah Nelson Caroline Presnell Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. Political recall efforts in Virginia result in a circuit court trial instead of an election. It's incredibly expensive to collect all of those signatures and file them within the allotted timeframe. Each week, listeners across the country tune in to the program to hear thought-provoking, in-depth conversations with newsmakers from across the globe. Virginia laws clearly state local officials can be recalled. Despite his missteps that angered voters, "Newsom is aligned with the vast majority of California voters," she said. 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. Any elected official in the state or representing the state in the U.S. Congress, 25% of the registered voters in the electoral district of the official sought to be recalled, Any elected official of the state or legislative district, 25% of the votes cast for governor in the officers electoral district in the last election, 15% of total votes cast in officer's district for all candidates for governor in the last election, Governor, Lt. 2, 2.4; Ga. Code 21-4-1 et seq. Click the links below to read these reports: The United States Constitution does not provide for recall of any elected federal official. Recalling Governors: An Overview - Eagleton Center on the American Governor (, Serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime (, Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). In the United States, the title governor refers to the chief executive of each state. (, Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). 1983 Michigan State Senator David Serotkin: successfully recalled. Since 2020, state policymakers from both parties have confronted the harassment of election workers, including threats of violence, from a variety of angles, including by revising existing statutes and passing stand-alone protections. Learn More About the author Daniel Anderson Scott Walker, governor of Wisconsin, retained his seat in office after a recall election in 2012, and Gavin Newsom, governor of California, retained his seat in a 2021 recall election. "Wisconsin is a swing state, and Walker was pushing hard against a white working-class, union-vested status quo in shaking up state policy," she said. A political recall is the process by which citizens can remove elected officials from office before their term is completed. All elected public officers of the state except judicial officers, 25% of the votes cast in the state or in the senate or house district in the last election for the official being recalled, Every public officer in the state holding an electiveoffice, 25% of the votes cast in the last election for the official being recalled, State officers, members of the legislature, judges of courts of appeal, 12% of the last vote for the office, with signatures from each of five counties equal in number to 1% of the last vote for the office in the county. Now some state legislators want to bring recalls to New Hampshire. In those cases, the states allow cities and counties to adopt their own charters, which could then provide for local recall, even if no other city or county in the state allows it.[1][2]. 40% of the number of votes cast in the last election for that office. Conversely, the Attorney General of Wisconsin in 1979 gave an opinion that state administration could not reject a petition for recall of a member of the U.S. Congress. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Under the proposed bill, 10 percent of voters would have needed to sign a recall petition to recall statewide officials; to recall local officials, 15 percent of local voters would have needed to sign a recall petition in order for a recall election to be called. Officials who were "successfully recalled" on this list are people who were voted out of office in that election. [3] It should not be confused with the legislative process of removing officials called impeachment. 1935 Oregon State Representative Harry Merriam: successfully recalled. Sometimes even the referendum causes politicians to reverse course of legislation. The ultimate outcome was the same, but the circumstances were different, she noted. States to Keep Focus on Election Costs, Accuracy and the Safety of Officials. While most states allow governors to be impeached, only 18 states have voter-recall provisions. Virginia hasa process that is similar to recall, but itis not listed here as a recall state because its process, while requiring citizen petitions, calls for a recall trial rather than an election. 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. 2008 California State Senator Jeff Denham: survived recall election. In Virginia, if voters elect to remove a municipal official, courts must approve the decision before its effective. 4, Part 5, Chapter 168, Michigan Election law 116-1954, Chapter XXXVI, Article IV, 1, Rhode Island Constitution, Article I, 33, Washington State Constitution, States that have pre-petition signature requirements for recalls, Recall provisions governing local officials, Recall of Legislators and the Removal of Members of Congress from Office, https://ballotpedia.org/wiki/index.php?title=Laws_governing_recall&oldid=9073768, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections, "All elected public officials in the State, except judicial officers, are subject to recall", "Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall", "Recall is the power of the electors to remove an elective officer. No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct. 1981 Washington State Senator Peter von Reichbauer: survived recall election. 2012 Wisconsin Senate Republican leader Scott Fitzgerald and Senator Terry Moulton: survived recall elections. 1990 Wisconsin Assembly member Jim Holperin: survived recall election. No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct. 2018 California State Senator Josh Newman: successfully recalled. Art. Sign up for our weekly newsletter. Additionally, two legislators resigned after petitions with sufficient signatures to force recall elections against them were submitted. Senator.[1]. Initiative, Referendum, and Recall: "Direct Democracy" For example, in 2011, Republican senators in Wisconsin faced recalls for supporting the governor's effort to reduce the influence of public employee unions, and in Arizona, a senator faced recall for sponsoring a controversial immigration bill. Many more recall efforts are started and never make it to the election stage; either they are abandoned by their sponsors, or they fail to gather enough valid petition signatures to trigger an election. California, Nevada, New Jersey and Vermont, along with Washington, D.C., are sending mail-in ballots to all voters, joining the handful of states that conduct all-mail elections. This view maintains that an elected representative is an agent ora servant of their constituents, not their master.Opponents argue that recalls can lead to an excess of democracy: That the threat of a recall election lessens the independence of elected officials; undermines the principle of electing good officials and giving them a chance to govern; and can be abused by well-financed special interest groups and give them undue influence over the political process. The state statutes provide for local recall, which conflicts with the state Constitution. In the recall states, the voters decide in an election. in the spring, elections in which voters choose party nominees. 11, 8; AS 15.45.470-710, 15.80.010, 29.26.240-350, Arizona- Const. Stat. Michigan and Oregon, in 1908, were the first states to adopt recall procedures for state officials. only seven times have voters gotten enough signatures to get a recall on the ballot . The name of the officer against whom the recall was filed may appear on the ballot for re-election. Gubernatorial recalls are the process of removing governors from office via a public effort before their term is completed. 10, 26; La. ", With about 64% of voters casting ballots voting "no" on recall, the outcome in the case of Newsom was never in much doubt. One of the closest noted legal precedent is U.S. New York is not one of the 20 states that may allow a recall for governor or another state-level office. (Technically he resigned from office before the results of the recall election were certified, but the results were sufficient to recall him.). The following table indicates which elected state officials (in general) can be recalled based on state law. Of those 30 recall efforts, three were successful. Idaho Const. In the 19 states that allow recall elections, citizens can attempt to remove an elected official from office at any time. Art. 1971 Idaho State Senator Fisher Ellsworth: successfully recalled. In these 18 states, 15 set the number of signatures required to force a recall election as a percentage of the number of votes cast in the most recent election for the office held by the targeted incumbent. ", "Every elective public officer of the state of Colorado may be recalled", "The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office", "Every public officer in the state of Idaho, excepting the judicial officers, is subject to recall", "The recall of the Governor may be proposed", "All elected public officials in the state, except judicial officers, shall be subject to recall by voters", "The legislature shall provide by general law for the recall by election of any state, district, parochial, ward, or municipal official except judges of the courts of record", "Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record", "A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters", "Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office", "Every public officer in the State of Nevada is subject, as herein provided, to recall from office", "The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress", "Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall", "Every public officer in Oregon is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected", "The governor, lieutenant governor, secretary of state, attorney-general, general treasurer shall be subject to recall", "Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court", "Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall", "The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer", 25% of the last votes cast for the office, 20% of eligible voters for the office at last election, 15% of the last votes cast for governor from each of at least 25 counties (plus 20 members of the, 40% of the last votes cast for the office, 33.3% of eligible voters for the office at last election (if >1,000 eligible voters), 25% of registered voters in the district for the office, 15% of all votes cast for governor in last general election in the district for the office, 15% of the last votes cast for the office, 10% of the last votes cast for the office, 25% of all votes cast for governor in last general election in the district for the office, Lack of fitness, incompetence, neglect of duties or corruption (, Malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude. MontanaMont. The recall process varies in its details from one state to another, but in general, recall campaigns follow these steps: In most of the recall states, any registered voter can begin a recall campaign for any reason. NCSL does not provide advice on how to conduct a recall campaign in any state.
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