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. Senator Pam Galloway resigned earlier in the year when enough signatures were gathered to trigger a recall election against her. Even though her name wasn't on the ballot, a recall election was still held for her seat.
How the Recall Process Works The recall process varies in its details from one state to another, but in general, recall campaigns follow these steps: 1. Grounds for Recall In most of the recall states, any registered voter can begin a recall campaign for any reason. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Click here to contact our editorial staff, and click here to report an error.
Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot?
Jump to: navigation , search. Voter information What's on my ballot? Where do I vote? How do I register to vote? How do I request a ballot? When do I vote? When are polls open? Who Represents Me? The number of valid signatures required to put a local recall question on the ballot is determined by the following rules:. The first step in a recall effort is the circulation of recall petitions.
The process begins with the filing of a notice-of-intent-to-recall petition written in the proper legal language and signed by 65 voters. Once that is accomplished, the recall petition can be circulated in earnest.
The recall ballot has two components: a yes or no vote for recall, and the names of replacement candidates, selected by the nomination process used in regular elections. The recall measure itself is successful if it passes by a majority.
In that case, the replacement candidate with a simple plurality of votes wins the office. If the recall measure fails, the replacement candidate votes are ignored. The language in the recall provision is strictly procedural. Substantive grounds for recalls are not specified. Recalls can be launched to remove corrupt officials, and to remove officials whose policies and performance are found wanting.
The recall is but one of several mechanisms for removing public officers. Others include the normal criminal process, impeachment, term limits, and, of course, the next election. A minimum number of recall proponents is required to initiative a recall petition drive.
This minimum number is 65 for state recall and the greater of 10 and the number of signatures required on the nomination paper of the officer against whom recall is sought for local recall. Petitioners for the recall of an official must submit a notice of intention to the city or district clerk for a local recall and to the California Secretary of State for a state recall.
The notice must contain the following elements:. If a proponent cannot receive mail at the residence address, he or she must provide an alternative mailing address.
This notice of intention must be delivered by the clerk or Secretary of State that received the notice of intent to the officer in question.
Proponents must, if possible, publish the notice of intent in a general circulation news paper. If no such news paper operates in the jurisdiction of the officer to be recalled, proponents must post the notice of intent in at least three public places.
Within seven days of being served with the notice of intent, the official against whom a recall is being attempted can officially file an answer to the recall proponents and a statement of defense against the recall attempt.
The official answer can be no more than words in length. The reason given on the notice of intent and the officials answering statement must be included on the sample ballot for the election on which the recall will be featured and mailed to each registered voter in the relevant jurisdiction.
The Secretary of State must provide a petition format to proponents on request from the county elections department. Proponents must use the provided format to collect signatures.
Each person who signs the petition must be a registered voter in the jurisdiction of the official against whom the recall attempt is being pursued. If the signer is not such a registered voter, his or her signature will not be counted.
See law: California Code Division 11, Chapter 1. A recall petition circulator must be a registered voter in the jurisdiction of the official against whom a recall is sought. Each petition form must contain a declaration signed by the circulator that he or she is such a registered voter. Proponents must file all parts of a recall petition at the same time. If the petitions submitted to any given elections office contain less than signatures, the elections officials must check each signature manually.
If the petitions submitted contain more than signatures, the elections officials may use a random sampling method. If the petition signatures are found to be sufficient, the elections official must present his findings to the relevant governing body at its next regular meeting. Each petition form for a state recall petition drive must be filed with the elections official of the county in which it was circulated. Each county elections office must verify the signatures that are submitted to it.
County officials must report to the Secretary of State on the status of the signatures submitted every 30 days. See law: California Code Division 11, Chapter 2.
0コメント