Laws governing recall

The information on this page is meant for informational purposes only and does not constitute legal advice. Those interested in initiating a recall should consult with their local authoritative bodies.

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Thirty-nine states have provisions allowing for recall of certain elected officials at the local and/or state level.

Background

Recall is a process by which citizens may remove elected officials from their positions before the end of their term. It should not be confused with the legislative process of removing officials called impeachment. It should also not be confused with retention elections held in some states for members of the judiciary.

Recall election of state officials

There are provisions for recalls of state officers in 19 states. The process begins with a petition drive and ends with an election.

States that allow recall elections of state officials:

• Alaska
• Arizona
• California
• Colorado
• Georgia
• Idaho
• Illinois
• Kansas
• Louisiana
• Michigan
• Minnesota
• Montana
• Nevada
• New Jersey
• North Dakota
• Oregon
• Rhode Island
• Washington
• Wisconsin

Recall trial of state officials

Virginia has a process of recall by which a trial in the state Circuit Courts is petitioned. Virginia is the only state to use this process. Virginia laws clearly state local officials can be recalled. Whether this would apply to state-level officers is unclear given ambiguous legal language and issues with the jurisdiction of the court. There is no precedent of a Virginia state legislator or governor having faced recall.

State officials that can be recalled

The following table indicates which elected state officials (in general) can be recalled based on state law.

State	Executive	Legislative	Judicial	Provision
Alaska	a	a	d	"All elected public officials in the State, except judicial officers, are subject to recall..." (AK Con. Art. 11, §8)
Arizona	a	a	a	"Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall..." (AZ Con. Art. 8, §1-6)
California	a	a	a	"Recall is the power of the electors to remove an elective officer." (CA Con. Art. 2, §13-19)
Colorado	a	a	a	"Every elective public officer of the state of Colorado may be recalled..." (CO Con. Art. 21)
Georgia	a	a	a	"The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office..." (GA Con. Art. 2, §2.4)
Idaho	a	a	d	"Every public officer in the state of Idaho, excepting the judicial officers, is subject to recall..." (ID Con. Art. 6, §6)
Illinois	a (Governor Only)	d	d	"The recall of the Governor may be proposed..." (IL Con. Art. 3, §7)
Kansas	a	a	d	"All elected public officials in the state, except judicial officers, shall be subject to recall by voters..." (Article 4, §3)
Louisiana	a	a	d	"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..." (LA Con. Art. 10, §26)
Michigan	a	a	d	"Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record..." (MI Con. Art. 2, §8)
Minnesota	a	a	a	"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..." (MN Con. Art. 8, §6)
Montana	a	a	a	"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..." (MT Ann. Code 2-16-6)
Nevada	a	a	a	"Every public officer in the State of Nevada is subject, as herein provided, to recall from office..." (NV Con. Art. 2, §9)
New Jersey	a	a	d	"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..." (NJ Con. Art. 1, §2(b))
North Dakota	a	a	a	"Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall..." (ND Con. Art. 3, §10)
Oregon	a	a	a	"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..." (OR Con. Art. 2, §18)
Rhode Island	a	d	d	"The governor, lieutenant governor, secretary of state, attorney-general, general treasurer shall be ... subject to recall..." (RI Con. Art. 4, §1)
Virginia	tc	tc	d	"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..." (VA Code 24.2-233)
Washington	a	a	d	"Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall..." (WA Con. Art. 1, Sec. 33-34)
Wisconsin	a	a	a	"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..." (WI Con. Art. 13, §12)

Specific provisions for state officer recalls

The following table indicates some basic information regarding laws governing recall laws on state officers.

State	Legal Provisions		Signature Requirement	Petition Time
	Constitution	Statute
Alaska	Article 11, §8	Alaska Statutes §15.45 Art. 3 and §29.26 Art. 3	25% of the last votes cast for the office	--
Arizona	Article 8, §1-6	Arizona Revised StatutesTitle 19, Chapter 2	25% of the last votes cast for the office	120 days
California	Article 2, §13-19	California Election Code Division 11	Statewide officers: 12% of the last vote casts for the office (signatures from each of 5 counties equal in number to 1% of the last vote for the office in the county) Senate, Assembly, Board of Equalization, Courts of Appeals, and trial courts: 20% of the last votes cast for the office.	160 days
Colorado	Article 21	Colorado Revised Statute Title 1, Art. 12, Part 1 and Title 31, Art. 4, Part 5	25% of the last votes cast for the office	60 days
Georgia	Article 2, §2.4	Georgia Code Title 21, Chapter 4	statewide officers: 15% of eligible voters for the office at last election (1/5 from each congressional district) Others: 30% of eligible voters for the office at last election	90 days
Idaho	Article 6, §6	Idaho Statutes Title 34, Chapter 17	20% of eligible voters for the office at last election	60 days
Illinois	Article 3, §7	--	15% of the last votes cast for governor from each of at least 25 counties (plus 20 members of the House, 10 members of the Senate, no more than half for each chamber from one party)	150 days
Kansas	Article 4, §3	Kansas Statutes Chapter 25, Article 43	40% of the last votes cast for the office	90 days
Louisiana	Article 10, §26	Louisiana Election Code RS 18:1300.1 to 18:1300.17	33.3% of eligible voters for the office at last election (if >1,000 eligible voters) 40% of eligible voters for the office at last election (if <1,000 eligible voters)	180 days
Michigan	Article 2, §8	Michigan Compiled Laws Chapter 168, Michigan Election law 116-1954, Chapter XXXVI	25% of the last votes cast for the office	90 days
Minnesota	Article 8, §6	Minnesota Statutes Chapter 211C	25% of the last votes cast for the office	90 days
Montana	--	Montana Annotated Code Title 2, Chapter 16, Part 6	statewide officers: 10% of eligible voters for the office at last election For district officers: 15% of eligible voters for the office at last election	3 months
Nevada	Article 2, §9	Nevada Revised Statutes Chapter 306, 294A.006, and 539.160 to 539.187	25% of the last votes cast for the office	60 days
New Jersey	Article 1, §2(b)	New Jersey Statutes Title 19:27A-1 to 19:27A-18	25% of registered voters in the district for the office	Governor / U.S. Senator: 320 days Others: 160 days
North Dakota	Article 3, §1 and §10	North Dakota Chapter 16.1-01-09.1 and Chapter 44-08-21	25% of the last votes cast for the office	--
Oregon	Article 2, §18	Oregon Revised Statutes Chapter 249.865 to 249.887 (dead link)	15% of all votes cast for governor in last general election in the district for the office	90 days
Rhode Island	Article 4, §1	--	15% of the last votes cast for the office	90 days
Virginia	--	Virginia Code Title 24.2-233 to 24.2-238	10% of the last votes cast for the office	--
Washington	Article 1, Sec. 33-34	Revised Code of Washington Chapter 29A.56.110 to 29A.56.270	statewide officers: 25% of the last votes cast for the office Others: 35% of the last votes cast for the office	Statewide officers: 270 days Others: 180 days
Wisconsin	Article 13, §12	Wis. Stat. Ann. §9.10	25% of all votes cast for governor in last general election in the district for the office	60 days

Choosing a successor

There are four general methods used to choose a successor for a position as a result of a recall election.

Simultaneous Election — The (potential) successor is chosen on the same ballot. This is used in:

• Arizona
• California (state-level offices only)
• Colorado
• Michigan
• Nevada
• North Dakota
• Wisconsin

Separate Special Election — The successor is chosen in a special election following the recall election. This is used in:

• Georgia
• Illinois
• Kansas (depending on office and when vacancy occurs)
• Louisiana (all state offices except governor and lieutenant governor)
• Minnesota (state legislature)
• Montana (depending on office and when vacancy occurs)
• New Jersey (state legislature)
• Rhode Island (state legislature)

Appointment — The successor is appointed. This is used in:

• Alaska (state legislature)
• California (local offices only)
• Idaho (all offices except governor and lieutenant governor)
• Kansas (depending on office and when vacancy occurs)
• Louisiana (lieutenant governor only)
• Montana (depending on office and when vacancy occurs)
• Oregon (all offices except governor)
• Rhode Island (secretary of state, attorney general, and treasurer)
• Virginia
• Washington (all offices except governor and lieutenant governor)

Automatic replacement — The successor is determined by the legal line of succession. This is used in:

• Alaska (governor)
• Idaho (governor and lieutenant governor)
• Kansas (governor)
• Louisiana (governor)
• Minnesota (governor and lieutenant governor)
• New Jersey (governor and lieutenant governor)
• Oregon (governor)
• Rhode Island (governor and lieutenant governor)
• Washington (governor and lieutenant governor)

Recall of local officials

There are 39 states that allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to home rule provisions. 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.

States with provisions for recall of local officials:

• Alaska
• Arizona
• Arkansas (Limited)
• California
• Colorado
• Connecticut (Limited to communities with home rule powers)
• Florida (Limited to cities and counties)
• Georgia
• Hawaii
• Idaho
• Illinois
• Kansas
• Louisiana
• Maine (Limited to charter cities and towns with recall provisions)
• Maryland
• Massachusetts (Limited)
• Michigan
• Minnesota (Limited to county-wide offices)
• Missouri (Class 3 cities and Charter cities with recall provisions)
• Montana
• Nebraska
• Nevada
• New Jersey
• New Mexico (Limited to counties, school boards, and some municipalities)
• North Carolina
• North Dakota
• Ohio (Limited to Municipal corporations)
• Oklahoma (Limited)
• Oregon
• Rhode Island
• South Dakota (Limited to mayor, commissioner or any alderman in some municipalities)
• Tennessee (Limited)
• Texas (Limited to charter political subdivisions with recall provisions)
• Vermont (Limited to charter towns/cities)
• Virginia
• Washington
• West Virginia (Limited to charter cities)
• Wisconsin
• Wyoming (Limited to cities and towns)

Recall of federal officials

The United States Constitution does not provide for recall of any elected federal 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.

Some states have released opinions and rulings on recall of members of the U.S. Congress. Attorneys general 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 gave 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.

States with no recall provisions

States with no known recall provisions are as follows:

• Alabama
• Delaware
• Indiana
• Iowa
• Kentucky
• Mississippi
• New Hampshire
• New York
• Pennsylvania
• South Carolina
• Utah

Whether grounds are required

See also: States that require grounds for recalls

In some states that allow recall, a recall can only occur under certain circumstances. An example of this is Georgia, where an elected official may only be recalled under the circumstances of "an act of malfeasance or misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed."

In other states, recalls may proceed without having to fit within a prescribed set of grounds.

Grounds required

Legend: State and local recall Local recall only

States that allow recall elections only if they fit within certain prescribed grounds include:

State	Allowable grounds for a recall
Alaska	Lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)
Florida	Malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude. (Fla. Stat. Ann §100.361)
Georgia	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. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. (Ga. Code §21-4-3(7))
Kansas	Conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. 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. (KS Stat. §25-4302)
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 (Article VIII, §6, Minnesota Constitution)
Missouri	Misconduct in office, incompetence, and failure to perform duties prescribed by law. (Missouri Revised Statutes Section 77.650)
Montana	Physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). 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. (Mont. Code §2-16-603)
New Mexico	Malfeasance or misfeasance in office or violation of the oath of office during the official’s current term. (Article X, §6 (county officers) and Article XII, §14 (school board members) of the New Mexico Constitution. Note: Recall of elective officers in commission-manager municipalities does not require grounds.)
Rhode Island	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 (Article IV, §1, Rhode Island Constitution)
South Dakota	Misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. (SDCL §9-13-30)
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 (Article I, §33, Washington State Constitution)

See also

• Upcoming recall elections
• List of political recalls
• States that have pre-petition signature requirements for recalls
• States that require grounds for recalls
• Ballotpedia's Recall Report

External links

All:

• The Recall Elections Blog

State:

• Recall of State Officials (National Conference of State Legislatures)
• "State Recall Provisions" (The Book of the States 2013)

Local:

• Recall provisions governing local officials (National Conference of State Legislatures)

Federal:

• Recall of Legislators and the Removal of Members of Congress from Office (Congressional Research Service)