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American Government Lecture Eight

618 bytes removed, 03:14, November 13, 2012
/* Recall */ trimmed
But many officials other than governor can be recalled from office by this procedure of gathering enough signatures to hold a special election. In New Jersey, the governor has never been recalled, but other officials have been. The New Jersey Constitution provides:
{{cquote|The section of the New Jersey Constitution that authorizes recall says:
"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. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.}}
The process to recall a state official in New Jersey is this:
:No sooner than 50 days before the completion of the state official's first year in office, a recall committee of at least three people may form and submit to the state a short petition to recall the petition. The state official must respond within three business days, and also notify the incumbent that there is an effort to recall him. If the petition is approved, then the recall committee must obtain signatures of other registered voters over the next 160 days (320 days to recall the governor). The number of signatures must be at least 25% of the registered voters in the relevant jurisdiction in the last general election. Those signatures are then turned in to the state election official, who must determine within 10 days whether enough signatures were obtained.
In 2010, your instructor argued a case before the New Jersey Supreme Court to establish a right to recall a U.S. Senator by this procedure. Several students attended the oral argument in Trenton, and the gallery was overflowing. But by a 4-2 vote, the New Jersey Supreme Court held that the provision in the New Jersey Constitution allowing the recall of federal officials, specifically U.S. Senators, was unconstitutional. The Court held that under the U.S. Constitution does not permit the recall, by a vote of the people, federally elected officials.
== Lame Duck Congress ==
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