Recall Every Senator and Representative Who Votes for Porkulus

NCSL ^

[ScottLA37]

These socialists are not representing their base and therefore not doing the job of the people.  It is our duty to remove them from office immediately.  I have a table below that shows us what congressional members can be legally recalled from office.  Let us not wait until 2010.  Let us remove them now!

 

How the Recall Process Works

Grounds for Recall

Specific grounds for recall are required in only seven states:

 

Alaska: lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)

Georgia: act of malfeasance or misconduct while in office; violation of oath of office; failure to perform duties prescribed by law; willfully misused, converted, or misappropriated, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed. Discretionary performance of a lawful act or a prescribed duty shall not constitute a ground for recall of an elected public official. (Ga. Code §21-4-3(7) and 21-4-4(c))

Kansas: conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law. No recall submitted to the voters shall be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured. (KS Stat. §25-4301)

Minnesota: serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime (Const. Art. VIII §6)

Montana: physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, conviction of certain felony offenses (enumerated in Title 45). No person may be recalled for performing a mandatory duty of the office he holds or for not performing any act that, if performed, would subject him to prosecution for official misconduct. (Mont. Code §2-16-603)

Rhode Island: authorized in the case of a general officer who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission (Const. Art. IV §1)

Washington: commission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (Const. Art. I §33)

 

The language in Michigan's constitution, however, is more typical and acknowledges the political nature of recall efforts: "The sufficiency of any statement of reasons or grounds...shall be a political rather than a judicial question." (Const. Art. II §8)

Petitioning

The recall process is similar to that for initiatives in that citizen petitions are required. The number of signatures necessary to qualify a recall petition, however, is significantly higher than for initiatives. Signature requirements are based on a formula, generally a percentage of the vote in the last election for the office in question, although some states base the formula on the number of eligible voters or other variants. Whatever the formula, the signature requirements are high: 25 percent in nine states; 25 percent for statewide offices and 35 percent for legislators in Washington; one-third in Louisiana; and 40 percent in Kansas. California's requirements are 12 percent for statewide offices; 20 percent for legislators and appellate judges. Georgia requires 15 percent for statewide offices; 30 percent for all others. Idaho's requirement is 20 percent for all offices. Montana has the lowest number of required signatures - 10 percent for statewide officials and 15 percent for state district offices such as legislative districts.

Table 1: Summary of State Recall Provisions for Statewide and Legislative Officers

 

 

	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 office at time of last election, 1/5 from each congressional district Others: 30% of eligible voters for office at time of last election	90 days
Idaho	All but judicial officers	20% of eligible voters for office at time of 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 office at time of last election If fewer than 1,000 eligible voters: 40% of eligible voters for office at time of last election	180 days
Michigan	All but judicial officers	25% of total votes cast for position at last election	90 days
Minnesota	State executive officers, legislators, judicial officers	25% of total votes cast for position at last election	90 days
Montana	All	For statewide officers: 10% of eligible voters for office at time of last election For district officers: 15% of eligible voters for office at time of 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 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 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 position at last election Others: 25% of the votes cast for position of president in last election	60 days

[AliVeritas]

ping

[MARTIAL MONK]

You cannot remove a Federal Officeholder by recall.

[PhiKapMom]

You cannot remove a Federal Officeholder by recall.

Thanks! This is another thread of trying to compare what you can do at the State level versus Federal office holders. Even finance laws are different for Federal candidates and you cannot mix money from state and federal campaigns.