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A '''recall election''' is an [[election]] called in the middle of an elected official's term of office when a sufficient proportion of the electorate deems it intolerable or inappropriate to allow that official to complete his term. Its use is rare, and usually confined to local offices such as school boards and city councils.
A '''recall election''' is an [[election]] called in the middle of an elected official's term of office when a sufficient proportion of the electorate deems it intolerable or inappropriate to allow that official to complete his term. Its use is growing, typically for local offices such as school boards and city councils. In 2021, record numbers of recall efforts occurred: 91 school board recall efforts against 235 board members, and overall 346 recall efforts against 535 elected officials.<ref>https://news.ballotpedia.org/2022/01/11/oregon-school-district-to-hold-recall-elections-against-two-school-board-members-jan-18/</ref>
Eighteen states, mostly in the western [[United States]], provide, in their laws, for the mid-term recall of U.S. Senators and other elected officials:<ref name=ncsl>"[http://www.ncsl.org/default.aspx?tabid=16581 Entry for Recall Election]," National Conference of State Legislatures, accessed 14 January 2010.</ref> Seven of these states require specific grounds for a recall: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington and Wisconsin. Of these, the following states have ''constitutional'' provisions authorizing the recall of congressmen: Colorado, Louisiana, Michigan, New Jersey, North Dakota, Oregon, Washington and Wisconsin; Montana has a statutory recall provision.<ref>http://www.recallcongressnow.org/states.php</ref>
Eighteen states, mostly in the western [[United States]], provide, in their laws, for the mid-term recall of U.S. Senators and other elected officials:<ref name=ncsl>"[http://www.ncsl.org/default.aspx?tabid=16581 Entry for Recall Election]," National Conference of State Legislatures, accessed 14 January 2010.</ref> Seven of these states require specific grounds for a recall: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington and Wisconsin. Of these, the following states have ''constitutional'' provisions authorizing the recall of congressmen: Colorado, Louisiana, Michigan, New Jersey, North Dakota, Oregon, Washington and Wisconsin; Montana has a statutory recall provision.<ref>http://www.recallcongressnow.org/states.php</ref>
Federal law does not provide for the popular recall of a [[President of the United States]], but the various State-level recall laws often provide for the recall, not only of State officials but also of their [[United States Senate|Senators]] and [[United States House of Representatives|Representatives]] in [[United States Congress|Congress]]. (To date no Senator or Representative has been recalled mid-term from his office. A [[New Jersey]] case has produced an opinion that no State may recall its Senator.<ref name=examiner>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-declare-recall-unconstitutional NJ Supremes declare recall unconstitutional]," ''Essex County Conservative Examiner'', <http://www.examiner.com/Newark>, 18 November 2010</ref> That case will likely head to the [[United States Supreme Court]] for a definitive determination.)
Federal law does not provide for the popular recall of a [[President of the United States]], but the various State-level recall laws often provide for the recall, not only of State officials but also of their [[United States Senate|Senators]] and [[United States House of Representatives|Representatives]] in [[United States Congress|Congress]]. (To date no Senator or Representative has been recalled mid-term from his office. The [[New Jersey Supreme Court]] held that no State may recall its Senator.<ref name=examiner>Hurlbut T, "[http://www.examiner.com/essex-county-elections-2010-in-newark/nj-supremes-declare-recall-unconstitutional NJ Supremes declare recall unconstitutional]," ''Essex County Conservative Examiner'', <http://www.examiner.com/Newark>, 18 November 2010</ref>)
[[File:Recall.jpg|thumb|175px|Republican [[Arnold Schwarzenegger]] replaced California's governor Gray Davis, a Democrat, at a recall election in 2003.]]
[[File:Recall.jpg|thumb|175px|Republican [[Arnold Schwarzenegger]] replaced California's governor Gray Davis, a Democrat, at a recall election in 2003.]]
==History==
==History==
In the early 20th century, the [[Progressive Movement]], especially in western states, sought more direct democracy by promoting the recall, along with the initiative (the people petition to put a new law on the ballot), referendum (people vote on major laws proposed by the lefislature), direct election of senators (election was by the state legislature), and woman suffrage. When the territory of Arizona in 1911 submitted its new constitution to Washington in order to become a state, conservative President [[William Howard Taft]] insisted on removing the recall provision because it would allow recall of state judges. The recall was removed, Taft signed the statehood bill on February 14, 1912, and state residents promptly put the provision back in.<ref> Cindy Hayostek, "Douglas Delegates to the 1910 Constitutional Convention and Arizona's Progressive Heritage," ''Journal of Arizona History'' 2006 47(4): 347-366</ref>
In the early 20th century, the [[Progressive Movement]], especially in western states, sought more direct democracy by promoting the recall, along with the initiative (the people petition to put a new law on the ballot), referendum (people vote on major laws proposed by the lefislature), direct election of senators (election was by the state legislature), and woman suffrage. When the territory of Arizona in 1911 submitted its new constitution to Washington in order to become a state, conservative President [[William Howard Taft]] insisted on removing the recall provision because it would allow recall of state judges. The recall was removed, Taft signed the statehood bill on February 14, 1912, and state residents promptly put the provision back in.<ref>Cindy Hayostek, "Douglas Delegates to the 1910 Constitutional Convention and Arizona's Progressive Heritage," ''Journal of Arizona History'' 2006 47(4): 347-366</ref>
===California===
===California===
A recall has been part of the California Constitution since 1911.<ref>http://www.leginfo.ca.gov/.const/.article_2</ref>
A recall has been part of the California Constitution since 1911.<ref>http://www.leginfo.ca.gov/.const/.article_2</ref> As of 2021, 1.5 million verified signatures are required to trigger a recall election in California.
In September 1938, Los Angeles Mayor Frank L. Shaw was removed from office in a recall election after serving 14 years. This results was the major victory of a multi-interest urban reform movement that successfully portrayed Shaw as the despot of a corrupt political machine financed by big business and underworld interests. With the aid of a police scandal and the wealth of one recall leader, the reform candidate won a landslide victory. After the election, the reform coalition disintegrated when the various single-issue groups found that they were not the dominant influence in the new city administration.<ref> Thomas Joseph Sitton, ''Urban Politics and Reform in New Deal Los Angeles: the Recall of Mayor Frank L. Shaw,'' Ph.d. Dissertation , University of California, Riverside, in Proquest Dissertations & Theses: A&I</ref>
In September 1938, Los Angeles Mayor Frank L. Shaw was removed from office in a recall election after serving 14 years. This results was the major victory of a multi-interest urban reform movement that successfully portrayed Shaw as the despot of a corrupt political machine financed by big business and underworld interests. With the aid of a police scandal and the wealth of one recall leader, the reform candidate won a landslide victory. After the election, the reform coalition disintegrated when the various single-issue groups found that they were not the dominant influence in the new city administration.<ref>Thomas Joseph Sitton, ''Urban Politics and Reform in New Deal Los Angeles: the Recall of Mayor Frank L. Shaw,'' Ph.d. Dissertation , University of California, Riverside, in Proquest Dissertations & Theses: A&I</ref>
Governor Gray Davis was the first California governor to be recalled by voters, in 2003, and only the second governor in United States history to be removed by the voters from office.
Governor Gray Davis was the first California governor to be recalled by voters, in 2003, and only the second governor in United States history to be removed by the voters from office. [[Gavin Newsom]] was subject to a recall petition but survived. However, in somewhat of a surprise, [[Chesa Boudin]] was recalled as District Attorney for [[San Francisco|The City and County of San Francisco]] (mainly on the strength of minorities who opposed his indifference in prosecuting minor crimes; white liberals generally supported keeping him in office).
===Oklahoma===
===Oklahoma===
Recall has the same effect as impeachment. Disgruntled Oklahoma farmers and laborers handed left-wing radical Jack Walton an easy election victory in 1922 as governor. One scandal followed another—Walton's questionable administrative practices included payroll padding, jailhouse pardons, removal of college administrators, and an enormous increase in the governor's salary. The conservative elements successfully petitioned for a special legislative recall session. To regain the initiative, Walton retaliated by attacking Oklahoma's [[Ku Klux Klan]] with a ban on parades, declaration of martial law, and employment of outsiders to 'keep the peace.' He tried to call out the National Guard to block the legislature from holding the special session. That failed, and legislators charged Walton with corruption, impeached him, and removed him from office in 1923.<ref>Brad L. Duren, "'Klanspiracy' or Despotism? The Rise and Fall of Governor Jack Walton, Featuring W. D. McBee," ''Chronicles of Oklahoma'' 2002-03 80(4): 468-485, </ref>
Recall has the same effect as impeachment. Disgruntled Oklahoma farmers and laborers handed left-wing radical Jack Walton an easy election victory in 1922 as governor. One scandal followed another—Walton's questionable administrative practices included payroll padding, jailhouse pardons, removal of college administrators, and an enormous increase in the governor's salary. The conservative elements successfully petitioned for a special legislative recall session. To regain the initiative, Walton retaliated by attacking Oklahoma's [[Ku Klux Klan]] with a ban on parades, declaration of martial law, and employment of outsiders to 'keep the peace.' He tried to call out the National Guard to block the legislature from holding the special session. That failed, and legislators charged Walton with corruption, impeached him, and removed him from office in 1923.<ref>Brad L. Duren, "'Klanspiracy' or Despotism? The Rise and Fall of Governor Jack Walton, Featuring W. D. McBee," ''Chronicles of Oklahoma'' 2002-03 80(4): 468-485,</ref>
===Illinois===
===Illinois===
In October 2010, reactions to the corruption of the previous governor resulted in a proposed recall law:
In October 2010, reactions to the corruption of the previous governor resulted in a proposed recall law:
* The proposed law would require that at least 20 state representatives and 10 state senators divided equally between both political parties sign a notice of intent to recall the governor before a petition could be circulated. Then, 60 percent of the electorate would have to approve the recall. <ref name=dailycaller>Knight R, "[http://dailycaller.com/2010/10/25/aclu-calls-illinois-recall-proposal-what-else-unconstitutional/ ACLU Calls Illinois Recall Proposal—What Else?—Unconstitutional]," ''The Daily Caller'', 25 October 2010. Retrieved 18 November 2010.</ref>
* The proposed law would require that at least 20 state representatives and 10 state senators divided equally between both political parties sign a notice of intent to recall the governor before a petition could be circulated. Then, 60 percent of the electorate would have to approve the recall.<ref name=dailycaller>Knight R, "[https://dailycaller.com/2010/10/25/aclu-calls-illinois-recall-proposal-what-else-unconstitutional/ ACLU Calls Illinois Recall Proposal—What Else?—Unconstitutional]," ''The Daily Caller'', 25 October 2010. Retrieved 18 November 2010.</ref>
===New Jersey===
===New Jersey===
The Uniform Recall Election Law, which also implements explicit provisions in the [[New Jersey]] State Constitution (Article I, Section 2, Paragraph b), provides that any elected official in the State, and any Senator or Representative elected from New Jersey, may face a recall election after serving for one year since his last election. Any three citizens may form a recall committee, named according to this formula: "Committee to Recall [[John Doe]] from the Office of ____." The Committee files a Notice of Intent with the appropriate election official. That Notice must state the name of the official and the title of the office that he is to be recalled from. If the committee wants to call a special election, they must estimate the cost of holding such a special election (so that petition signers will know how much this exercise will likely cost the State); otherwise, the recall election will be held coincidentally with the next general election. The election official must then within three days either approve it as to form and content or else return it, with his objections, to the committee for correction.
Once such a notice is approved, the Committee has 160 days (or 320 days in the case of an attempt to recall the Governor or either [[United States Senate|Senator]]) to gather signatures from 25 percent of the voters registered as of the immediate previous general election. If the committee gathers the required number of signatures within the required time frame, the recall election takes place at the next opportunity, or on a specified date if a special election is desired.
Two separate questions are put to the voters in that event:
# Shall the official be recalled from his office? If a majority of voters vote "No," the official is retained. Otherwise, the voters next get to vote on the next question:
# Who shall serve out the unexpired term in place of the recalled official? Any person, including the recalled official himself, may stand for election to that unexpired term. The winner, no matter who it is, serves out the term until expiration.
====The Menendez Recall Case====
On September 25, 2009, activist RoseAnn Salanitri made history as the first citizen to form a committee to recall a member of the [[United States Senate]]. She and two other signatories filed a Notice of Intent, as per the Uniform Recall Elections Law and the relevant provision in the New Jersey Constitution, to recall [[Robert Menendez]] from his office.
On September 25, 2009, activist RoseAnn Salanitri made history as the first citizen to form a committee to recall a member of the [[United States Senate]]. She and two other signatories filed a Notice of Intent, as per the Uniform Recall Elections Law and the relevant provision in the New Jersey Constitution, to recall [[Robert Menendez]] from his office.
{{reflist|2}}
{{reflist|2}}
==External Links==
==External links==
* [http://recallcongressnow.org/about.php About Recall Congress Now] ( a project of [[American Civil Rights Union]])
* [http://recallcongressnow.org/about.php About Recall Congress Now] ( a project of [[American Civil Rights Union]])