All elected public officers in the state except judicial officers, 40% of the votes cast in the last election for the official being recalled, Any state official except judges of the courts of record, 40% of eligible voters in the same voting area as the official being recalled, If more than 1,000 but fewer than 25,000 eligible voters: 33.3% of eligible voters in voting area, If more than 25,000 but fewer than 100,000 eligible voters: 25% of eligible voters in voting area, If more than 100,000 eligible voters: 20% of eligible voters in voting area, All elective officers except judges of the courts of record, 25% of total votes cast for governor in the officers electoral district at last election, State executive officers, legislators, and judges of the supreme court, court of appeals or a district court, 25% of total votes cast for position at last election, Any person holding a public office of the state, 10% of eligible voters for office at time of last election, 15% of eligible voters for office at time of last election, Every public officer in the state (although elected judges are an exception, based on a 2017 Nevada Supreme Court decision in Ramsey v. City of North Las Vegas). Senate, Assembly, Board of Equalization, Courts of Appeals, and trial courts: 20% of the last votes cast for the office. Editors note: this post has been updated to correct the source of a document and reflect developments in Mayor Charles Waskos resignation process. 26th amendment. 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. Additionally, each recall state except Illinois and Rhode Island further explains its recall processes in state statutes. The question came up recently amid backlash over West York Mayor Charles Waskos racist Facebook posts. The option was considered during the drafting of the document in 1787, but was not included in the final version. When they failed to unseat Walker, "I think it set back the Democrats for a while and emboldened Scott Walker and his supporters.". States to Keep Focus on Election Costs, Accuracy and the Safety of Officials. Attorney generals in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all issued opinions against the recall of federal officials. 20% of the number of votes cast in the last election for that office. The status of recalls in NH This is used in: Separate Special Election The successor is chosen in a special election following the recall election. 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. Gavin Newsom addresses reporters Tuesday in Sacramento after beating back the recall effort that aimed to remove him from office. 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. Historically, recall attempts at the state level have been largely unsuccessful. MontanaMont. Sources: Iowa League of Cities, New York Conference of Mayors, Wyoming Association of Municipalities, municipal associations of Maine, Maryland and New Hampshire; Utah, Missouri and Vermont leagues of cities and towns; municipal leagues of Texas, Oklahoma, Ohio, West Virginia and Illinois. 1914 California State Senator James Owens: survived recall election. 40% of the number of votes cast in the last election for that office. Gray. 6, 6; Idaho Code 34-1701 34-1715, Kansas Const. Initially, Wasko resisted calls to quit and didnt show up ata regularly scheduled council meeting. In the remaining 12 states, the recall ballot contains only the question of whether the official should be recalled. During that time, 39 recalls made the ballot and 22 state legislators were successfully recalled. Most require signatures of 25% of the voters who voted in the last election. Political recall efforts in Virginia result in a circuit court trial instead of an election. Typically, the recall process consists of gathering a certain amount of signatures on a petition in a certain amount of time. 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. Michigan courts stopped a recall petition against a member of Congress in 2007. 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. (, Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. 211C.01 et seq. Voters are then asked to vote for a candidate for the office. In North Carolina, 26 municipalities have local recall elsewhere, there is no mechanism for removal from office without involving the state legislature. 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. [19], Some states have released opinions and rulings on recall of members of the U.S. Congress. Six states let local governing bodies handle it independently by voting out an official who might, for example, be shirking his or her duties of office: Kentucky (mayors only), Delaware,Vermont and Iowa (if provided in the municipal charter), and Indiana and South Carolina. 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. Sometimes even the referendum causes politicians to reverse course of legislation. Even so, "[There] have been tons of attempts to recall Governors ," wrote Joshua Spivak, author of Recall Elections: From Alexander Hamilton to Gavin Newsom. All state governors are elected officials, and they are elected at large by all registered voters living in a state. North Dakota Governor Lynn Frazier was voted out of office in a recall election in 1921. The following information explains these processes and provides a list of each state's laws governing the recall of state officials. Minnesota (1996) and New Jersey (1993) were the most recent. Six of those recalls were successful. Code 2-16-601 2-16-635, Nevada Const. The ultimate outcome was the same, but the circumstances were different, she noted. Officials who are recalled in five states have their successors determined by appointment, for example. ", With about 64% of voters casting ballots voting "no" on recall, the outcome in the case of Newsom was never in much doubt. Voters have the option to vote. VIII 6), Montana: Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). Other states not listed may also have limited local recall due to home rule provisions. This may only apply in limited situations in some states, which is generally listed below. NOTE: The following is presented for informational purposes only. Whether this would apply to state level officers is unclear given ambiguous legal language and issues with the jurisdiction of the court. 2, 2.4; Ga. Code 21-4-1 et seq. How can I recall an elected official in my state? 8, 6; Minn. Stat. For the specific procedures to be followed in any state, please contact your state'selection officials. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. !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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