Cameron Miranda
The recall of elected officials is a process that varies depending on the country and its laws. In the United States, 39 states allow for the recall of local elected officials, with varying requirements for the number of signatures needed to trigger a recall referendum. In the United Kingdom, the Recall of MPs Act 2015 mandates a recall petition if an MP is found to have committed certain wrongdoings, which, if successful, leads to a by-election. Recalls are also allowed in some Swiss cantons, and the procedure was included in the 1991 Colombian constitution. The right to recall has been copied in the constitutions of several communist countries, although it was never used in any Soviet system of government.
| Characteristics | Values |
|---|---|
| Number of states that allow for the recall of local elected officials | 39 |
| Number of states that allow for the recall of governors | 20 |
| Number of signatures required to trigger a recall referendum in Bern, Switzerland | 30,000 (4% of all adult citizens) |
| Number of signatures required to trigger a recall referendum in Schaffhausen, Switzerland | 1,000 (2% of all adult citizens) |
| Number of signatures required to trigger a recall referendum in Solothurn, Switzerland | 6,000 (3% of all adult citizens) |
| Number of signatures required to trigger a recall petition in the UK | 10% of the electorate in the MP's constituency |
| Number of signatures required to trigger a recall election in California | 12% for executive officials, 20% for state legislators and judges |
| Number of signatures required to trigger a recall election in Los Angeles | 15% |
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What You'll Learn
Recall elections in the US
Recall elections, also called recall referendums, recall petitions, or representative recalls, are a procedure that allows voters to remove an elected official from office through a referendum before their term ends. While recall elections are rare, they are legally allowed in a small number of countries, including the US, where they occur at the state and local levels. The US Constitution does not provide for the recall of any elected federal official, and the Supreme Court has not ruled on the constitutional legality of recalling members of Congress.
Recall elections sometimes have different rules than normal elections, requiring additional voter education and outreach. The process for recall elections can vary greatly by country and state, and the history of recall elections in the US dates back to 1631 in Colonial America. Since 2020, there have been 26 recall petitions launched in the US, with five rejected due to insufficient valid signatures and one halted after the official in question resigned.
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Recall laws in California
Recall laws allow citizens to remove elected officials from office through a recall election or referendum. In the United States, 39 states allow for the recall of local elected officials, although this may only be permitted under certain circumstances. For instance, in Georgia, elected officials can only be recalled in cases of "misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing [...] public funds".
California is one of the states that permits the recall of elected officials. The state's recall laws have been criticised by California's Secretary of State, Dr. Shirley Weber, who identified "serious problems" with the process, including the signature threshold for forcing a recall, a lack of limits on when a recall can be held, and the possibility of a replacement candidate winning with less than a majority of the vote. To place a recall on the ballot in California, organisers must gather signatures from 12% of voters in the previous election for that office. This equates to approximately 1.5 million signatures to recall a statewide official.
California has a history of recall elections, with the 2003 gubernatorial recall election resulting in the recall of Governor Gray Davis and the election of Arnold Schwarzenegger. In 2021, another gubernatorial recall election was held, this time seeking to recall Governor Gavin Newsom, but this attempt was unsuccessful.
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Recalling MPs in the UK
In the UK, the Recall of MPs Act 2015 mandates a recall petition if an MP is found guilty of certain wrongdoings, including any that result in a prison sentence. The petitions cannot be triggered by popular initiative, and the recall petition is successful if signed by at least 10% of the electorate in the MP's constituency. A successful recall leads to a by-election to fill the vacant seat.
Before the Recall of MPs Act 2015, there were no mechanisms to recall Members of Parliament (MPs) in the UK. The Representation of the People Act 1981 disqualifies any person serving a jail sentence of more than a year from being an MP, resulting in automatic ejection. MPs involved in scandals or convicted of lesser crimes could be expelled from their party and pressured to resign, but there was no way to force an MP's exit before a general election.
The UK government committed to bringing a recall power into force in the 2010 Coalition Agreement. Zac Goldsmith introduced a series of private members' bills for a recall process, but none were successful. In 2009, a proposed Lords amendment to the Political Parties and Elections Act 2009 would have required the Electoral Commission to review the development of a recall mechanism, but it was defeated.
The Recall of MPs Act 2015 sets out the circumstances in which the Speaker of the House of Commons triggers the recall process, including any custodial prison sentence, even if suspended. A sentence longer than one year would lead to automatic removal under the Representation of the People Act 1981.
The first recall petition in the UK occurred in 2018. In 2019, the Committee for Standards recommended that Keith Vaz be suspended from Parliament for six months after finding that he had offered to buy illegal drugs for sex workers. However, as Parliament had voted to dissolve itself for a general election six weeks later, the recall process was delayed until after the election. Vaz retired from Parliament instead of defending his seat.
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Recalling executives in Switzerland
Recalling elected officials is a right that is well-known in many American countries and US states, but less so in other parts of the world. In Switzerland, this right is only available in six out of 26 cantons, namely Bern, Schaffhausen, Solothurn, Thurgau, Uri, and Ticino. It is not provided for at the federal level.
In Switzerland, the right to recall elected officials is seldom used. As of 2020, there has only been one successful recall vote in the country's history, which occurred in the Canton of Aargau in 1862. This recall vote dealt with an anti-Semitic issue. The liberal and Protestant parliament of Aargau wanted to grant land to Jews, who had historically only been allowed to settle in two poor, rural Catholic villages within the canton, in Endingen and Lengnau. In response, several Catholic leaders and a few Protestant groups launched a protest movement, attacking Jewish homes. They collected 9,000 signatures in less than a month, and in July 1862, 63% of the votes supported the termination of the parliament's mandate. The government resigned and called new elections.
Since then, there have been several unsuccessful attempts to recall executives in Switzerland. In 1852, there was an unsuccessful attempt to recall the executive in Bern, known as the 'Schatzgelder' affair. In 1995, there was an unsuccessful attempt to recall the executive and legislative in Solothurn, related to a banking scandal. In 2000, there was an unsuccessful attempt to recall the executive in Schaffhausen, triggered by lawyer and cantonal MP Gerold Meier.
The number of signatures required to trigger a recall referendum varies by canton. In Bern, 30,000 signatures (4% of all adult citizens) are needed. In Schaffhausen, 1,000 signatures (2%) are required. In Solothurn, the number is 6,000 (3%), while in Ticino, 15,000 signatures (7%) are necessary. In Thurgau, 20,000 signatures (13%) are required, and in Uri, 600 signatures (3%) are sufficient.
While the right to recall elected officials is established in Switzerland, it is rarely used. Political scientist Uwe Serdült notes that it is a means of last resort, applied when all other control mechanisms fail.
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Recalling judges
In the United States, the Constitution does not provide for the recall of any elected federal official. However, 39 states allow for the recall of local elected officials, and six cantons in Switzerland also allow for the recall of executives and legislators. The laws governing the recall of judges vary across different jurisdictions.
In the state of Virginia, for example, the law provides for the temporary recall of retired district court judges. The Chief Justice may authorize a retired district court judge to sit in recall to hear a specific case or perform judicial duties in any district court deemed in the public interest. Retired judges under the age of 70 are obligated to accept the recall, while those 70 or older may choose whether to accept. Recalled judges have the same powers, duties, and privileges as when they were in active service.
In the United States Code, there are provisions for the recall of certain judges and magistrate judges. A bankruptcy judge or a United States magistrate judge who has retired may agree to be recalled to serve for a period of five years, with the possibility of renewal for successive five-year periods. During the recall period, the recalled judge or magistrate judge shall receive an amount equal to the difference between their annuity and the current salary of the office to which they are recalled.
The recall of judges has also been challenged in court. In 2015, judicial recall was challenged in the Nevada Supreme Court. Additionally, it is unclear whether Virginia's recall provisions would apply to state-level officers.
While the recall of judges typically refers to the temporary recall of retired judges, there may be other mechanisms for removing sitting judges from office, depending on the jurisdiction. For example, in Taiwan, the recall of the president or vice president can be initiated by a proposal of one-fourth of the members of the Legislative Yuan and must also be passed by two-thirds of all the members. The final recall must then be passed by more than half of the valid ballots in an election with more than half of the electorate participating.
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Frequently asked questions
A recall election is a process of removing an elected official from office through a public effort before their term is completed.
The requirements for a recall election vary depending on the jurisdiction. In some states, specific grounds such as malfeasance or misfeasance in office must be met. Additionally, the number of signatures required on recall petitions and the time allowed for petition circulation differ by state.
The recall process typically begins with the filing of an application or document with the appropriate state official. The number of signatures required to qualify for a recall election is determined by a state official and is usually based on a percentage of votes cast in the previous election or the number of registered voters. Once the required signatures are obtained and verified, the recall procedure can commence.
Yes, Switzerland does not provide for recalls at the federal level, although six cantons, including Bern, Schaffhausen, and Solothurn, allow for the recall of executive and legislative officials.
Yes, the only successful recall election mentioned in the sources occurred in the Canton of Aargau in 1862. Additionally, in 2020, Han Kuo-yu, the Mayor of Kaohsiung, Taiwan, became the first mayor to be recalled.
