Prior to a recall election, there must be a public hearing to determine if the petition shows clear and convincing evidence of facts that constitute malfeasance or nonfeasance. Recall may not commence during first six months in office. Grounds for recall are misconduct in office, incompetence, and failure to perform duties prescribed by law.
Every person holding a public office of the state or any of its political subdivisions, either by election or appointment. Recall may not commence during first two months in office. Grounds for recall are physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of a felony offense.
Time for gathering signatures is three months. Any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, metropolitan utilities districts, and sanitary and improvement districts.
Recall may not commence during first six months in office or within six months prior to the incumbent filing deadline for the office. Every public officer in the State of Nevada is subject to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. Charters adopted by towns, cities, village districts and unincorporated places may provide for recall. Any elected official in the state or representing the state in the United States Congress.
Includes local officials. A recall election cannot be conducted after May 1 in a calendar year in which an election is to be held for the office subject to the proposed recall.
Prior to circulating a petition, there must be a court hearing to determine whether there is probable cause for the grounds for recall. Any elected official of the state, of any county or of any legislative or county commissioner district. Recall may be commenced at any time. No time limit on gathering signatures. Recall may not commence during first year in office. Grounds for recall are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality.
No recall election may be held during the 90 days before or the 90 days after a municipal election. Grounds for recall are acts of malfeasance or misfeasance while in office or violation of oath of office.
No restriction on time for gathering signatures. The qualified electors of the state, of any county, city, village, town, of any congressional, legislative, judicial or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official. Create Account. Recall of Local Officials Many states allow citizens to recall a variety of local officials, like county commissioners, mayors, or school board members.
All elected public officials in the state, except judicial officers Recall may commence after first days in office. Time for gathering signatures is days. Arkansas Ark. Elective officer of a city, county, school district, community college district, or special district, or a judge of a trial or appeals court County and city charter provisions providing for recall are not affected by state provisions.
Florida Fla. All state and local officials who hold elective office No recall may commence during the first or last days in office. All elected public officials in the state, except judicial officers Recall may not commence during first or last days in office. Any state, district, parochial, ward, or municipal official except judges of the courts of record Recall may not commence during last six months in office. No specific grounds are required Time for gathering signatures is 90 days if fewer than 1, eligible voters reside within the voting area, and days if more than 1, eligible voters reside within the voting area.
Maine Maine Rev. No specific grounds are required Time for gathering signatures is 60 days. When a filing officer receives such a request, they are required to make that determination and provide it to the person who requested the information. When a person signs a recall petition, in order for the signature to count as valid, the person must put on the petition sheet the date that they signed the petition.
In order for a signature to count as valid, the dates of signing must:. Circulation of the recall petition must be completed within 60 days after registration. The completed petition must be returned to the original filing officer no later than p. Any signature dated before this 60 day period is invalid. After the signatures are obtained, a certification must be completed by the circulator. Election officials must provide a "certificate of sufficiency" or a "certificate of insufficiency" within 31 days after recall organizers have submitted the signatures on the recall petition.
Within seven days after a final determination of sufficiency or insufficiency of a recall petition has been made by the relevant election authorities, the petitioner or the incumbent against whom the recall petition is directed may file a petition in a Wisconsin court for a writ of mandamus contesting that determination. If the relevant election officials file a "certificate of insufficiency," recall organizers have five 5 days to correct some of the problems that may have led to that determination.
Recall organizers, specifically, are allowed within five 5 days to:. If, when these deficiencies are corrected, the number of valid signatures is determined to be sufficient to force a recall election, the relevant election officials will then issue a "Certificate of Sufficiency.
Within ten 10 days of the time that signatures are submitted, the targeted incumbent elected official can challenge the sufficiency of the signatures. This must be done by filing a written, sworn complaint with the filing officer who received the signatures.
Within 31 days after the petition with signatures is submitted to the filing officer, he or she has 31 days to determine the sufficiency of the petition and also that it meets all necessary requirements. Following this review, the filing officer must attach to the petition either a certificate of sufficiency or of insufficiency, allowing at least 10 days for the officeholder being recalled to file any challenge. If the petition is considered sufficient, the filing officer will submit it to the appropriate local governing body, which will then immediately call a recall election to be held on the Tuesday of the 6th week after the date on which the clerk issued the certificate of sufficiency.
What's on my ballot? Elections in How to vote How to run for office Ballot measures. Who represents me? President U. As long as that allegation is stated clearly and factually, it would presumably meet this new criteria. The recall process is similar to the ballot initiative process in that it requires the submission of citizen petitions.
The number of signatures necessary to trigger a recall election, however, is often significantly higher than the number required for ballot initiatives. The required number of signatures is generally equal to a percentage of the vote in the last election for the office in question, although some states base the formula on the number of eligible voters or other numbers. These requirements can be demanding and are listed in the table below. State Senators, members of the Assembly, members of the Board of Equalization, judges of courts of appeal :.
Also required are the signatures 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 from the same political party. If more than 1, but fewer than 25, eligible voters: State executive officers, legislators, and judges of the supreme court, court of appeals or a district court. Every public officer in the state although elected judges are an exception, based on a Nevada Supreme Court decision in Ramsey v.
City of North Las Vegas. All signatures collected in the first 45 days must be submitted by the 48 th day. All signatures collected after the 45 th day must be submitted by the 90 th day. In California and Colorado, the ballot includes two questions. The first question is whether the official should be recalled.
Voters are then asked to vote for a candidate for the office. The official who is the subject of the recall may not be among the listed candidates. 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.
If a majority votes "no" on the recall question, the incumbent remains in office and the second portion of the ballot is moot. In the other states using the simultaneous model Arizona, Michigan, Nevada, North Dakota and Wisconsin , the submission and certification of the recall petition essentially triggers a special election for the office, and the recall ballot consists of a list of candidates for the office.
The name of the official who is the subject of the recall may appear on the ballot along with other nominees. In fact, in Arizona, Michigan, North Dakota and Wisconsin, the name of the official being recalled is automatically placed on the recall ballot for reelection unless the official resigns from office.
In the remaining 12 states, the recall ballot contains only the question of whether the official should be recalled. If the majority votes for recall, the office is declared vacant and is filled at a special election or as otherwise provided by law, which in some states is by appointment for the remainder of the term.
The chart below details how the recall election is conducted in each state. The name of the officer against whom the recall was filed may appear on the ballot for re-election. The first asks whether the officer against whom the recall petition was filed should be recalled.
The second part consists of a list of candidates who have qualified for the election. Note that courts in both states have ruled that a voter's choice of candidate on the second part of the ballot must be counted regardless of whether the person cast a vote on the recall question first. Colorado — Const.
Louisiana — Const. Nevada — Const. New Jersey — Const. North Dakota — Const. Washington — Const. Create Account. Recall of State Officials. Recall of Local Officials In at least 30 states some sources place this number at 38 , recall elections may be held in local jurisdictions. History and Use of the Recall in the U. All Recall Elections Held in the U. Technically he resigned from office before the results of the recall election were certified, but the results were sufficient to recall him.
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