States where state legislators can be recalled, List of states where state legislators can be recalled, List of states where reasons are required for recall, Article IV, 1, Rhode Island Constitution, Article I, 33, Washington State Constitution, States that have pre-petition signature requirements for recalls, https://ballotpedia.org/wiki/index.php?title=States_where_state_legislators_can_be_recalled&oldid=9063849, 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. [5] States to Keep Focus on Election Costs, Accuracy and the Safety of Officials. The recall is used much more often, and with more success, at the local level. While the details vary by state, a recall election begins when an application is filed, requesting permission to circulate a recall petition. Last updated: Sep 7, 2022 3 min read. This is used in: Separate Special Election The successor is chosen in a special election following the recall election. 3, 1 and 10; ND Century Code Ann. I can't see in any way, shape or form that it did," Spivak said. 40% of the number of votes cast in the last election for that office. Overall, 55% of legislative recall elections have succeeded in unseating a legislator. Gavin Newsom addresses reporters Tuesday in Sacramento after beating back the recall effort that aimed to remove him from office. In a 2003 recall election, Gray Davis was voted out of office in California. 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. Most governors serve for a term of four years. Minnesota (1996) and New Jersey (1993) were the most recent. 15% of the number of votes cast in the last election for the office of. The following is a list of every recall election of a state legislator throughout U.S. history. Scott Walker, who narrowly turned back an effort by the state's Democrats to oust him. 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. Thirty-nine states have provisions allowing for recall of certain elected officials at the local and/or state level.[1][2]. 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. Arnold Schwarzenegger, but the GOP has continued to lose ground in the state. "Walker ended up having a very successful two-term governorship, even running for president. At least in theory. If enough valid signatures are presented, hold a, Alaska Const. Click here to contact our editorial staff, and click here to report an error. Impeachment typically requires a state legislatures lower chamber to bring specific charges, and the upper chamber to act as the jury in an impeachment trial. Like most populist innovations, the practice of recalling officeholders was an attempt to minimize the influence of political parties on representatives. As long as that allegation is stated clearly and factually, it would presumably meet this new criteria. States with no known recall provisions are as follows: In some states that allow recall, a recall can only occur under certain circumstances. In the meantime, residents have learned they had few options to remove Wasko without involving state lawmakers and their impeachment process (which has never actually been invoked for a municipal office holder, experts say). 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. Voters have the option to vote. This may only apply in limited situations in some states, which is generally listed below. The commonwealth doesnt permit recall elections, nor does it allow local governing bodies to vote out elected officials if, for example, they violate their duties of office. In the 19 states that allow recall elections, citizens can attempt to remove an elected official from office at any time. There are provisions for recalls of state officers in 19 states. The first form of simultaneous recall election functions like a standard gubernatorial election, in which any number of challengers may appear on the ballot alongside the sitting governor. II 8) Indeed, recall campaigns are often politically motivated. Click here to contact our editorial staff, and click here to report an error. Only two gubernatorial recall votes have ever been successful one aimed at California Gov. 1913 California State Senator Marshall Black: successfully recalled. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. Art. Gavin Newsom of California has drawn national attention to the process. By some estimates, three-fourths of recall elections are at the city council or school board level. In 1988, Arizona Republican Gov. Typically, the recall process consists of gathering a certain amount of signatures on a petition in a certain amount of time. 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. 16.1-01-09.1, 44-08-21, Oregon Const. Additionally, each recall state except Illinois and Rhode Island further explains its recall processes in state statutes. The recent attempt to recall Gov. Gavin Newsom addresses reporters Tuesday in Sacramento after beating back the recall effort that aimed to remove him from office. If a challenger wins the election, the current governor is removed from office and the winner is sworn in as the new governor. NOTE: The following is presented for informational purposes only. IV 1), Virginia: Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" (24.2-233), Washington: Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (Const. Likewise, the unsuccessful bid nine years ago to remove Walker. In 1988, Arizona voters submitted enough signatures to trigger a recall election for Governor Evan Mecham, but he was impeached by the state's House of Representatives before the scheduled recall election. Those states are Alaska, Arizona, California, Colorado, Georgia, Idaho, Illinois, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington, and Wisconsin, according to the National Conference of State Legislatures. Recall is a process by which citizens may remove elected officials from their positions before the end of their term. 25-4301), Minnesota: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 (Const. In the first question, voters are asked whether the sitting governor should be recalled. Click here to contact our editorial staff, and click here to report an error. Contact your state's liaison to schedule a briefing or to learn more. For a recall to qualify for the ballot, a politician's critics must file a petition outlining their grievances and gather enough signatures supporting the recall by a deadline. 249.865 249.877, Washington Const. The failure of most of these efforts isn't for lack of trying. 1-12-101 1-12-123, 31-4-501 31-4-505, 32-1-906 32-1-915. When they failed to unseat Walker, "I think it set back the Democrats for a while and emboldened Scott Walker and his supporters.". Click here to contact us for media inquiries, and please donate here to support our continued expansion. 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. Chapter 168, Michigan Election law 116-1954, Chapter XXXVI, Article IV, 1, Rhode Island Constitution, Article I, 33, Washington State Constitution, Gavin Newsom recall, Governor of California (2019-2021), Mike Dunleavy recall, Governor of Alaska (2019-2021), Phil Murphy recall, Governor of New Jersey (2019-2020), Steve Sisolak recall, Governor of Nevada (2020), Gretchen Whitmer recall, Governor of Michigan (2020-2021), Tim Walz recall, Governor of Minnesota (2020), Kate Brown recall, Governor of Oregon (2020), Brad Little recall, Governor of Idaho (2020), Tony Evers recall, Governor of Wisconsin (2020), John Bel Edwards recall, Governor of Louisiana (2020-2021), Jared Polis recall, Governor of Colorado (2020), Doug Ducey recall, Governor of Arizona (2020), Doug Ducey recall, Governor of Arizona (2021), Jay Inslee recall, Governor of Washington (2021), Doug Burgum and Brent Sanford recall, Governor and Lieutenant Governor of North Dakota (2021-2022), Jared Polis recall, Governor of Colorado (2022), State executive officials serving in home states, Ken Carbullido, Vice President of Election Product and Technology Strategy, Comparison of lieutenant gubernatorial salaries, States that have pre-petition signature requirements for recalls, https://ballotpedia.org/wiki/index.php?title=States_with_gubernatorial_recall_provisions&oldid=9073126, Pages using DynamicPageList3 parser function, 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, Lack of fitness, incompetence, neglect of duties or corruption (, 25% of the votes cast in the last gubernatorial election, 12% of the votes cast in the last gubernatorial election, with signatures from at least five separate counties equal to 1% of the votes cast in that county in the last gubernatorial election, Act of malfeasance or misconduct while in office; violation of oath of office; failure to perform duties prescribed by law; willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed. Click here for a list of current state legislative recall efforts. 1983 Michigan State Senator David Serotkin: successfully recalled. Also required are thesignatures from at least 20 members of the House of Representatives and 10 members of the Senate, with no more than half the signatures of members of each chamber fromthe same political party. Beyond this, details of the recall process vary by state. (, 10% of voters eligible to participate in the last gubernatorial election, 15% of the votes cast in the last regularly-scheduled gubernatorial election, 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 (, 15% of the votes cast in the last gubernatorial election, Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime" (, 10% of the votes cast in the last gubernatorial election, Commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (. Gubernatorial recalls are the process of removing governors from office via a public effort before their term is completed. One requires 33.3%, another 40%. The name of the officer against whom the recall was filed may appear on the ballot for re-election. 30% of the number of registered voters in the last election for that office. Laws governing the process of recalling a governor vary by state. 2012 Wisconsin State Senators Van Wanggaard and Pam Galloway: successfully recalled. New York is not one of the 20 states that may allow a recall for governor or another state-level office. (, 15% of voters eligible to participate in the last gubernatorial election, 20% of voters eligible to participate in the last gubernatorial election, 15% of the votes cast in the last gubernatorial election, including at least 100 signatures from each of at least 25 separate counties, as well as the signature of at least 20 members of the, Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. He made a resignation offer, which he attempted to retract after borough council already had accepted it and appointed Coucil President Shawn Mauck to fill the vacancy effective Oct. 21. I 33), Source: National Conference of State Legislatures, May 2019. Pennsylvanias municipal codes (i.e., state statues laying out the framework for how different types of local governments operate) provided for recall and removal by local governing body vote until 2014, despite the state Constitution establishing a process in 1968 and multiple court decisions affirming deference to it over the decades since. Latest Research Resources. 2) In these states, the recall ballot consists of two parts. Nineteen states plus the District of Columbiapermit the recall of state officials: Source: National Conference of State Legislatures. A political recall is the process by which citizens can remove elected officials from office before their term is completed. For instance, in New Mexico, other local elected officials can petition for removal by a judicial panel; in New York, anyone can file a similar petition. Right now, that's just under 1.5 million signatures. 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. Virginia is the only state to use this process. Lynn Frazier in 1921. It's incredibly expensive to collect all of those signatures and file them within the allotted timeframe. Rich Pedroncelli/AP 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. Art. Recall efforts against state legislators are more common, but still unusual. Art. Editors note: this post has been updated to correct the source of a document and reflect developments in Mayor Charles Waskos resignation process. [19], Some states have released opinions and rulings on recall of members of the U.S. Congress. California's Gavin Newsom can now count himself among a select group of political survivors he's just one of two governors ever to face a recall vote and win. Other states not listed may also have limited local recall due to home rule provisions. Attorney generals in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all issued opinions against the recall of federal officials. In 2012, Wisconsin Governor Scott Walker survived a recall election. A full citation list of these laws is below. SCOTUS has ruled more than once that the 10th amendment does not reserve a right for a state to recall a federal officer. 1996 Wisconsin State Senator George Petak: successfully recalled. Representatives pass laws, implement taxes, and carry out decisions. hide caption. Minnesota Const. Of the 39 states that allow for the recall of elected officials at some level of government, 20 states allow gubernatorial recalls . Ch. "I don't think Democrats gained anything in Wisconsin," Barry Burden, a political science professor at the University of Wisconsin-Madison, told NPR. 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. The option was considered during the drafting of the document in 1787, but was not included in the final version. (, 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 (. 1995 California Assembly member Paul Horcher: successfully recalled. "Recall" is a process to remove an elected official before his or her term ends. Even Pennsylvanias Department of Community & Economic Development listed recall as a potential area of governance home rule municipalities might address well after the courts had settled the question. NCSL does not provide advice on how to conduct a recall campaign in any state. (, 40% of the votes cast in the last gubernatorial election, 33.3% of eligible voters in the last gubernatorial election, 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). 5) County board of commissioners appoints a person from a list submitted by a committee of the political party of the person recalled. !function(){"use strict";window.addEventListener("message",(function(e){if(void 0!==e.data["datawrapper-height"]){var t=document.querySelectorAll("iframe");for(var a in e.data["datawrapper-height"])for(var r=0;r

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