October 9, 2007 |
2007-R-0565 | |
STATE STATUTES ON RECALL AND ETHICS TRAINING | ||
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By: Sandra Norman-Eady, Chief Attorney | ||
You asked how many states (1) have recall provisions and (2) require their state ethics commission to train local officials.
SUMMARY
Recall is a procedure that allows citizens to remove elected officials before the end of their terms. Nineteen states currently permit recall of state officials. Although recall procedures vary by state, 18 states with such procedures hold recall elections and require a specified number of voters to sign the election petition before the election can be held. Virginia allows for a recall trial rather than an election. Seven of the 18 states that hold recall elections require specific grounds to recall an official, such as misconduct, incompetence, conviction of a crime, or violation of the oath of office.
Most state ethics commissions have jurisdiction over state officials and employees only. However in some states they also have jurisdiction over local officials and employees. We found four states, Alabama, Oregon, Pennsylvania, and West Virginia, that require or allow their state ethics commission to train local officials or otherwise give local agencies ethics manuals and guides.
RECALL PROVISIONS IN OTHER STATES
According to a 2006 report by the National Conference of State Legislatures, 18 states currently permit recall of state officials: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington, and Wisconsin. In addition, the District of Columbia provides for recalls, and Virginia has a process allowing for a recall trial, rather than a recall election. While most states providing for recall elections allow voters to commence the recall process for a broad range of reasons, Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington require specific grounds to recall an official, as shown in Table 1.
Table 1: Grounds for Recalling State Officials
State |
Citation |
Permissible Grounds |
Alaska |
AS § 15. 45. 510 |
• Lack of fitness • Incompetence • Neglect of duties • Corruption |
Georgia |
Ga. Code §§ 21-4-3(7), 21-4-4(c) |
• Malfeasance or misconduct while in office • Violation of oath of office • Failure to perform duties prescribed by law • Willful misuse, conversion, or misappropriation, without authority, of public property or funds entrusted or associated with the elective office |
Kansas |
KS Stat. § 25-4301 |
• Felony conviction • Misconduct in office • Incompetence • Failure to perform duties prescribed by law |
Minnesota |
Const. Art. VIII § 6 |
• Serious malfeasance or nonfeasance in performance of duties of the office • Conviction of a serious crime during the term of office |
Montana |
Mont. Code § 2-16-603 |
• Physical or mental lack of fitness • Incompetence • Violation of oath of office • Official misconduct • Conviction of certain felony offenses (enumerated in Title 45) |
Rhode Island |
Const. Art. IV § 1 |
• Felony indictment or charge • Misdemeanor conviction • Probable cause to believe violation of the code of ethics |
Washington |
Const. Art. I § 33 |
• Malfeasance or misfeasance while in office • Violation of oath of office |
The states also differ on the recall process itself. Table 2 shows who can be recalled, how many signatures are required for the recall petition, and how long the petition must circulate.
Table 2: Recall Provisions for Statewide and Legislative Officials
State |
Who Can Be Recalled |
Signature Requirement |
Circulation Time |
Alaska |
All but judicial officials |
25% of the votes cast in the last election for the official being recalled |
Not specified |
Arizona |
All |
25% of the votes cast in the last election for the official being recalled |
120 days |
California |
All |
For statewide officials: 12% of the votes cast in the last election for the official being recalled, 1% from each of 5 counties Others: 20% of the votes cast in the last election for the official being recalled |
160 days |
Colorado |
All |
25% of the votes cast in the last election for the official being recalled |
60 days |
Georgia |
All |
For statewide officials: 15% of eligible voters for the office at the time of the last election, 1/5 from each congressional district Others: 30% of eligible voters for the office at the time of the last election |
90 days |
Idaho |
All but judicial officials |
20% of eligible voters for the office at the time of the last election |
60 days |
Kansas |
All but judicial officials |
40% of the votes cast in the last election for the official being recalled |
90 days |
Louisiana |
All but judicial officials |
If over 1,000 eligible voters: 33. 3% of eligible voters for the office at the time of the last election If fewer than 1,000 eligible voters: 40% of eligible voters for the office at the time of the last election |
180 days |
Michigan |
All but judicial officials |
25% of total votes cast for the position at the last election |
90 days |
Minnesota |
State executive officials, legislators, judicial officials |
25% of total votes cast for the position at the last election |
90 days |
Montana |
All |
For statewide officials: 10 % of eligible voters for the office at the time of the last election For district officials: 15% of eligible voters for the office at the time of the last election |
3 months |
Nevada |
All |
25% of the votes cast in the last election for the official being recalled |
60 days |
New Jersey |
All |
25% of the registered voters in the electoral district of the official sought to be recalled |
Governor or U. S. Senator: 320 days All others: 160 days |
North Dakota |
All but U. S. Congress |
25% of the votes cast in the last election for the official being recalled |
Not specified |
Table 1: Continued
State |
Who Can Be Recalled |
Signature Requirement |
Circulation Time |
Oregon |
All but U. S. Congress |
15% of total votes cast in the official's district for all candidates for governor in the last election |
90 days |
Rhode Island |
Governor, Lt. Governor, Secretary of State, Treasurer, Attorney General |
15% of total votes cast for said office in the last general election |
90 days |
Washington |
All but judicial officials |
For statewide officials: 25% of the votes cast in the last election for the official being recalled Others: 35% of the votes cast in the last election for the official being recalled |
Statewide officials: 270 days Others: 180 days |
Wisconsin |
All |
For statewide officials: 25% of total votes cast for the position at the last election Others: 25% of the votes cast for the position of president in the last election |
60 days |
STATE ETHICS COMMISSIONS THAT TRAIN LOCAL OFFICIALS
The Alabama Ethics Commission must, where practicable, offer programs that educate candidates, officials, employees, and Alabama citizens on ethics matters in government service (Al. Code § 36-25-4).
Oregon's Government Standards and Practices Commission may use its own staff or contract to prepare and present a continuing education program for public officials and lobbyists. “Public officials” include officials of political subdivisions (Or. Rev. Stat. § 244. 340).
Pennsylvania's State Ethics Commission must prepare and publish special reports, educational materials, and technical studies to further the purposes of the state's ethics code (Pa. Code Ann. § 65-1101). The commission currently partners with local organizations to offer ethics training to local government officials.
West Virginia's Ethics Commission must prepare and publish manuals and guides explaining the duties of people (including local officials) covered by the state's ethics code and give instructions and materials to facilitate code compliance (WV Code § 6B-2-2 (d) (2)). It must also help agencies, officials, and employees administer the code (WV Code § 6B-2-2 (d) (3)).
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