Recall election

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A recall election is a procedure by which voters can remove an elected official from office. Along with the initiative, referendum, and direct primary, it was one of the major electoral reforms advocated by leaders of the Progressive movement in the United States during the late 19th and early 20th centuries, although it was initially proposed in William S. U'Ren's Oregon newspaper. This movement was less than successful because in the United States recall elections are currently prohibited in the federal system. The majority of states allow recall elections in local jurisdictions, but only 18 states permit recall elections to remove statewide officers (as of 2006).

Representative recall in Canada

The Canadian province of British Columbia enacted representative recall in 1995. In that province, voters in a provincial riding can petition to have a sitting representative removed from office, even a Premier presently leading a government. If enough registered voters sign the petition, the Speaker of the legislature announces before the House that the member has been recalled and a by-election follows as soon as possible; it gives the opportunity to replace the politician in question. In January 2003, a record 22 recall efforts had been launched. No one has technically been recalled, however, the recall of Paul Reitsma in 1998 looked to have enough signatures to succeed. During the secondary verification stage, Reitsma resigned and the recall count ended. In Canada, the Governor-General and Lieutenant-Governors can also theoretically call federal and/or provincial elections at will, but have never done so without the request of the corresponding first minister.

Recall in the Venezuelan constitution of 1999

Article 72 of the 1999 Constitution of Venezuela enables a recall of any elected representative, including the president, and has been used in the Venezuelan recall referendum, 2004, which attempted to remove President Hugo Chavez:

Article 72: All [...] offices filled by popular vote are subject to revocation.

Once one-half of the term of office to which an official has been elected has elapsed, a number of voters representing at least 20% of the registered voters in the affected constituency may petition for the calling of a referendum to revoke that official's mandate.

When a number of voters equal to or greater than the number of those who elected the official vote in favour of the recall, provided that a number of voters equal to or greater than 25% of the total number of registered voters vote in the recall referendum, the official's mandate shall be deemed revoked and immediate action shall be taken to fill the permanent vacancy as provided for by this Constitution and by law.

Recall in the United States

In the eighteen U.S. states that today allow the recall of state officials, only two Governors have ever been successfully recalled. In 1921, North Dakota's Lynn J. Frazier was recalled over a dispute about state-owned industries, and in 2003, California Governor Gray Davis was recalled over mismanagement of the state budget.

In Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington, specific grounds are required for a recall. Some form of malfeasance or misconduct while in office must be identified by the petitioner. The target may choose to dispute the validity of the grounds in court, and a court would then judge whether the allegations in the petition rise up to the level where a recall is necessary. In the other eleven states, no grounds are required and recalls may be circulated for any reason. However, the target is permitted to submit responses to the reasons for recall.

The minimum number of signatures and time limit to qualify a recall varies between states. In addition, the means of how recalls are handled once they qualify differ. In some states, a recall triggers a simultaneous special election, where the vote on the recall, as well as the replacement, should the recall succeed are on the same ballot. The 2003 California recall election is a good example of this, with over 100 candidates on the replacement portion of the ballot. In other states, a separate special election is held after the target is recalled, or a replacement is appointed by the Governor of the state or some other body.

List of recall elections

1921 North Dakota recall
1978 Cleveland Recall Election
2003 California recall
2004 Venezuela recall
2005 recall of Spokane, Washington, mayor James E. West

Unsuccessful attempts at recall

Paul Reitsma, a member of the Legislative Assembly of British Columbia, Canada, resigned when a recall petition against him looked about to succeed.

Evan Mecham, an Arizona Governor, was scheduled for a recall election on May 17, 1988 after a successful petition drive (301,000 signatures). However, the Supreme Court of Arizona canceled the election since he had already been impeached and removed from office by the Senate on April 4.

Saundra McFadden-Weaver, a Kansas City, Missouri councilwoman, was the subject of an unsuccessful recall attempt in late 2004 and early 2005, the first in Kansas City history.

Books and monographs

O direito de revogação do mandato político representativo (Brazilian Portuguese)

References

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Last updated on Saturday February 23, 2008 at 16:14:44 PST (GMT -0800)
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