Can The Us Constitution Recall Elected Officials?

The US Constitution does not provide for the recall of any elected federal official. While some state constitutions have asserted the right of citizens to recall their members of the US Congress, the Supreme Court has not ruled on the federal constitutionality of this. The US Constitution also supersedes any state recall procedures. The option to recall elected officials was considered during the drafting of the Constitution in 1787 but was not included in the final version.

Some states, such as Georgia, allow for the recall of elected officials only under certain circumstances, such as malfeasance or misconduct, while other states do not require a prescribed set of grounds for recall. At the federal level, a vacancy in the office of a US senator or representative can only be created by the incumbent's death or resignation, the expiration of their term, or direct action from the Senate or House of Representatives.

Explore related products

Cato Institute 6- Pocket U.S. Constitution and Declaration of Independence (Six Pack)

$18.95

3- Pocket U.S. Constitution and Declaration of Independence (Three Pack)

$13.11 $19.99

Our Amendments 4 Page United States Constitution in it's Original Layout and Size.

$34.99

4Life Transfer Factor Recall - Supports Brain Health, Memory and Learning with Ginkgo Biloba, Bacopa Monnieri and Huperzia - 90 Veggie Capsules

$74

Tribal Recall Alcohol-FREE Extract, High-Potency Herbal Drops, Tincture made from Gotu Kola, Eleuthero Siberian Ginseng, Rosemary, Ashwagandha, Lemon Balm, Ginkgo Biloba. Focus/Memory Support 4 oz

$34.99

Hi Kiss Dog/Puppy Obedience Recall Agility Lead - 15ft 20ft 30ft 50ft 100ft Leash - Great for Training, Play, Camping, or Backyard - Orange 20ft

$8.97

The US Constitution does not allow for the recall of federal officials

The United States Constitution does not allow for the recall of federal officials. While the option was considered during the drafting of the document in 1787, it was not included in the final version. This means that any attempt by a state to recall a member of Congress is prohibited by the Federal Constitution.

A vacancy in the office of a US senator or representative can only be created by the incumbent's death or resignation, the expiration of their term, or some direct action of the body (the Senate or the House of Representatives) which is empowered to expel members. There is no constitutional authority to hold a special election that would be required to fill a seat in the event a member was recalled.

Article I, Section 4 of the Federal Constitution, relating to the timing of regular elections, and Article XVII of the Amendments on holding a special election only when a vacancy exists, combine to preclude an election to replace a recalled member of Congress. Federal constitutional provisions supersede any state recall procedures for these offices.

Attorneys general in several states, including Arkansas, Louisiana, Kansas, Nevada, and Oregon, have issued opinions against the recall of federal officials. While some state constitutions have stated the right of citizens to recall their members of Congress, it is unclear whether these recalls would be constitutionally legal at the federal level. The United States Supreme Court has not yet ruled on this issue.

State constitutions differ on the recall of members of Congress

The United States Constitution does not provide for the recall of any elected federal official, including members of Congress. However, some state constitutions have asserted the right of citizens to recall their members of Congress, but the federal constitutional provisions supersede any state recall procedures for these offices.

The option for recall was considered during the drafting of the US Constitution in 1787 but was not included in the final version. While the US Supreme Court has not ruled on the constitutionality of state recall laws for members of Congress, attorneys general in several states, including Arkansas, Louisiana, Kansas, Nevada, and Oregon, have issued opinions against the recall of federal officials.

State constitutions vary in their provisions for recalling members of Congress. For example, Michigan courts stopped a recall petition against a member of Congress in 2007. In Georgia, an elected official may only be recalled for specific reasons, including malfeasance, misconduct, violation of the oath of office, or misuse of public funds. Other states, like New Hampshire, have conflicting statutes regarding the right to recall, with courts generally opposing it.

In contrast, some states have lower thresholds for initiating a recall. For instance, in British Columbia, if over 40% of registered voters sign a petition and it is validated, the member is recalled and a by-election is called. However, it is important to note that, as of 2020, out of 26 recall petitions launched, only one led to a successful recall.

While the US Constitution does not explicitly prohibit states from enacting recall laws for members of Congress, the practical application of these laws is complex and often subject to legal challenges. The varying state constitutions and the lack of a clear federal precedent contribute to the complexity of the issue.

The required number of signatures to activate a recall

The number of signatures required to activate a recall election varies across different countries and even across different regions within a country. In the Philippines, for instance, Article 10 of the 1987 constitution allows for the recall of elected officials from provincial governors to barangay (village) councilors. However, to initiate a recall, at least 15% of the electorate in a specific place must have their signatures verified in a petition.

In Taiwan, more than 1/4 of the total electors in the original electoral district must sign a recall petition, and the number of votes consenting to the recall must be greater than those dissenting. In 2020, a recall election for the Mayor of Kaohsiung, Han Kuo-yu, was successful with 939,090 votes consenting out of a total of 969,259 votes.

In Peru, between 1997 and 2013, more than 5000 recall referendums were activated against democratically elected authorities from 45.5% of all municipalities, making it the world's most intensive user of this mechanism.

In some places, the number of signatures required to activate a recall election has changed over time. In Cuba, for example, a new law passed in 2015 reduced the number of signatures required to activate a recall referendum from 40% to 30% of the total votes obtained by the elected authority. The threshold for valid votes on the day of the elections of the challenged authority was also lowered from 50% to 40%.

At the provincial level in British Columbia, Canada, voters can petition to have their Member of the Legislative Assembly removed from office once the MLA has been in office for at least 18 months. If over 40% of registered voters in the riding sign the petition and it is validated by Elections BC, the member in question is recalled and their seat vacated.

Explore related products

Healthycell Focus & Recall, Daily Liquid Brain Supplement for Focus & Memory - Nootropics Supplement for Concentration & Alertness with L-Theanine, Omega-3 & Taurine - 30 Gel Packs

$59.95

Total Recall (1990)

$3.99

The Recall

$3.99

The Recall

$6.5

Total Recall Unrated

$3.59

Total Recall [Blu-ray]

$9.98 $14.99

The US Supreme Court has not ruled on the constitutionality of recalls

The United States Constitution does not provide for the recall of any elected federal official. While the option was considered during the drafting of the document in 1787, it was not included in the final version. This means that any attempt by a state to recall a member of Congress is prohibited by the Federal Constitution. A vacancy in the office of a US senator or representative can only be created by the incumbent's death or resignation, the expiration of their term, or some direct action of the body (the Senate or the House of Representatives) empowered to expel members.

Some state constitutions have asserted the right of citizens to recall their members of the United States Congress. However, whether it is constitutionally legal at the federal level has not been ruled upon by the United States Supreme Court. The closest legal precedent is U.S. Term Limits, Inc. v. Thornton, in which the Supreme Court decided that states did not have the right to impose new terms, qualifications, or conditions of service on federal officials.

Attorneys general in several states, including Arkansas, Louisiana, Kansas, Nevada, and Oregon, have issued opinions against the recall of federal officials. In 2007, Michigan courts stopped a recall petition against a member of Congress. Additionally, a federal court in 1967 dismissed a case from Idaho, where petitioners sought to require the state to accept petitions for the recall of a US senator.

While the US Supreme Court has not directly ruled on the constitutionality of recalls, lower courts and state constitutions have interpreted the Constitution to prohibit the recall of federal officials. The Supreme Court's decision in U.S. Term Limits, Inc. v. Thornton also sets a precedent suggesting that states cannot unilaterally impose recall provisions on federal officials.

The recall of elected officials in other countries

The United States Constitution does not provide for nor authorise the recall of United States officers such as senators, representatives, the president, or vice president. Thus, no member of Congress has ever been recalled in the history of the United States.

However, recall elections are present in other countries, albeit in a small number. Here are some examples:

Switzerland

Recalls are not provided for at the federal level in Switzerland, but six cantons allow them, including Bern, where the recall of the executive and legislative has been possible since 1846.

The Philippines

Article 10 of the 1987 Constitution of the Philippines allows for the recall of local officials. Elected officials from provincial governors to barangay (village) councilors are potentially subject to recall. At least 15% of the electorate in a specific place must have their signatures verified in a petition for the recall to take place.

Taiwan

According to the Additional Articles of the Constitution, the recall of the president or vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan and passed by two-thirds of all members. The final recall must be passed in a recall election by more than half of the valid ballots, with over half of the electorate participating.

Cuba

Cuba is a socialist republic whose constitution provides that all members of representative bodies of state power are subject to recall by the masses. As a principle of Soviet democracy, similar recall provisions have been included in the constitutions of many other communist countries, including the Soviet Union, China, Vietnam, North Korea, and Eastern Bloc countries. However, except for an attempt in Hungary in 1989, the right of recall was never used in any Soviet system of government.

Peru

Peru is one of the few countries where recall elections are commonly held. Between 1997 and 2013, more than 5000 recall referendums were activated against democratically elected authorities from 747 Peruvian municipalities.

Other Examples

• Colombia
• Mexico (in certain states)
• New Zealand (supported by the Labour Party)

Frequently asked questions