Recall Provisions and Legislative Proposals

You asked how many states have recall provisions. You also wanted to know if any bills were proposed recently to allow recall of high governmental officials in Connecticut.

Recall is a process by which elected officials can be subject to removal from office during their term by a vote of the people at an election called by a specified number of voters for this purpose. Eighteen states currently permit recall of state officials, seven of which require specific grounds to recall an official, such as misconduct, incompetence, conviction of a crime, or violation of the oath of office.

Several resolutions have been proposed in the Connecticut General Assembly to amend the state constitution to establish the power to recall elected officials. These resolutions are usually referred to the Government Administration and Elections (GAE) Committee, which has not favorably reported such a resolution in at least 13 years.

According to a recent 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.

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

● Conviction for a felony

● 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

● General officer who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom the ethics commission has found probable cause of violating 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.

Several resolutions have been proposed to amend Connecticut's constitution to allow for recall of elected officials, but none has been reported favorably out of legislative committee. The following proposals have been made in the last seven years:

SJ 5, A Resolution Proposing a Constitutional Amendment Establishing the Power to Recall Elected Officials, referred to the Government Administration and Elections (GAE) Committee, which took no action.

SJ 8, A Resolution Proposing a Constitutional Amendment Establishing the Power to Recall Elected Officials, referred to the GAE Committee, which took no action.

SJ 12, A Resolution Proposing a Constitutional Amendment Establishing the Power to Recall Elected Officials, referred to the GAE Committee, which took no action.

SJ 5, A Resolution Proposing a Constitutional Amendment Establishing the Power to Recall Elected Officials, referred to the GAE Committee, which took no action.

HJ 9, A Resolution Proposing a State Constitutional Amendment Establishing the Power to Recall Certain Elected Officials, referred to the GAE Committee, which held a public hearing.

SJ 8, A Resolution Proposing a Constitutional Amendment Establishing the Power to Recall Elected Officials, referred to the GAE Committee, which held a public hearing.

SJ 13, A Resolution Proposing a Constitutional Amendment Permitting the Recall of Elected Officials, referred to the GAE Committee, which held a public hearing.

SJ 16, A Resolution Proposing a State Constitutional Amendment Establishing the Power to Recall Certain Elected Officials, referred to the GAE Committee, which held a public hearing.

SJ 25, A Resolution Proposing a State Constitutional Amendment Establishing the Power to Recall Certain Elected Officials, referred to the GAE Committee, which held a public hearing.


January 13, 2004		2004-R-0082
RECALL PROVISIONS AND LEGISLATIVE PROPOSALS

By: Jennifer Gelb, Research Attorney

*State*	*Who can be recalled*	*Signature requirement*	*Circulation time*
Alaska	All but judicial officers	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 officers: 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 officers: 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 officers	20% of eligible voters for the office at the time of the last election	60 days
Kansas	All but judicial officers	40% of the votes cast in the last election for the official being recalled	90 days
Louisiana	All but judicial officers	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 officers	25% of total votes cast for the position at the last election	90 days
Minnesota	State executive officers, legislators, judicial officers	25% of total votes cast for the position at the last election	90 days
Montana	All	For statewide officers: 10 % of eligible voters for the office at the time of the last election For district officers: 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
Oregon	All but U.S. Congress	15% of total votes cast in the officer'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 officers	For statewide officers: 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 officers: 270 days Others: 180 days
Wisconsin	All	For statewide officers: 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