Recall election


A recall election is a procedure by which, in certain polities, voters can remove an elected official from office through a direct vote before that official's term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the :s:Athenian Constitution|constitution in ancient Athenian democracy and feature in several current constitutions. In indirect or representative democracy, people's representatives are elected and these representatives rule for a specific period of time. However, where the facility to recall exists, should any representative come to be perceived as not properly discharging their responsibilities, then they can be called back with the written request of specific number or proportion of voters.

Argentina

The recall referendum arrived in Latin America shortly after its introduction at the US subnational level, in 1923 and 1933, to Cordoba and Entre Ríos provinces, respectively, both in Argentina. There, recall exists at the provincial level in Chaco, Chubut, Córdoba, Corrientes, La Rioja, Rio Negro, Santiago del Estero and Tierra del Fuego ; other provinces include it for their municipalities, namely, Entre Ríos, Neuquén, Misiones, San Juan, San Luis. It is also included in Buenos Aires City.

Canada

Canada does not have legislation allowing for recall elections on the federal level. The only province or territory with recall election laws currently in force is British Columbia.

Alberta

The province of Alberta enacted recall legislation for Members of the Legislative Assembly in 1936 during the Social Credit government of William Aberhart. The legislation was repealed after a petition was introduced for the recall of Aberhart himself.
In 2020, the Government of Alberta announced it will introduce a bill allowing recall elections for Members of the Legislative Assembly, municipal governments, and school boards.

British Columbia

British Columbia's Recall and Initiative Act, enacted in 1995, provides a process for recalling members of the Legislative Assembly of British Columbia. Voters in a provincial riding can petition to have their Member of the Legislative Assembly removed from office once said MLA has been in office for at least 18 months. If over 40 percent of registered voters in the riding sign the petition and the petition is validated by Elections BC, the Chief Electoral Officer informs the Speaker of the Legislative Assembly and the member in question that the member has been recalled and their seat vacated. A by-election is called by the Lieutenant Governor of British Columbia as soon as possible to fill the vacant seat. The recalled MLA is permitted to run in the recall by-election for their former seat. 26 recall petitions have been launched as of 2020; of the six completed petitions returned to Elections BC, five were rejected for having too few valid signatures. The sixth, on the recall of MLA Paul Reitsma, was halted after Reitsma resigned in 1998 during the secondary verification stage.

Nova Scotia

In Nova Scotia, the Atlantica Party campaigned for a recall in the 2017 provincial election.

Colombia

In Colombia, the recall referendum was included by the constitution in 1991. The constitutional replacement was launched as an answer to the movement known as la séptima papeleta, which requested a constitutional reform to end violence, narcoterrorism, corruption and increasing citizenship apathy. The definition of recall referendum in relation to programmatic vote was approved. It obliges candidates running for office to register a government plan which is later on considered to activate the recall. Since the time the mechanism was regulated by Law 134 in 1994, until 2015, 161 attempts led 41 referendums and none of them succeeded since the threshold of participation was not reached. In 2015, a new law reduced the number of signatures required to activate a recall referendum and the threshold. The change in the regulation, also quickening the registration of promoters, led to a considerable increase in the number of attempts.

Germany

Bavaria

Article 18, Section 3 of the provides, that the entire Landtag can be dismissed by referendum on petition of 1 Million citizens, with elections of a new Landtag to be held up to six weeks after the recall referendum. The recall of specific members however, is not provided for.

Latvia

Article 14 of the Constitution of Latvia enables the recall of the entire Saiema, though not of specific representatives:

New Zealand

Early policies of the New Zealand Labour Party included support for "the recall".

Philippines

Article 10 of the constitution of the Philippines allows for the recall of local officials. The Local Government Code, as amended, enabled the provisions of the constitution to be applied. Elected officials from provincial governors to the barangay councilors are allowed to be recalled. At least 25% of the electorate in a specific place must have their signatures verified in a petition in order for the recall to take place.
The president, vice president, members of Congress, and the elected officials of the Autonomous Region in Muslim Mindanao cannot be removed via recall.
The last recall election above the barangay level was the 2015 Puerto Princesa mayoral recall election.

Peru

Recall regulations were introduced in Peru by the Democratic Constituent Congress which drafted a new constitution after Alberto Fujimori's autogolpe in 1992. Between 1997 and 2013, more than 5000 recall referendums were activated against democratically elected authorities from 747 Peruvian municipalities. This makes Peru the world's most intensive user of this mechanism.

Switzerland

While recalls are not provided for at the federal level in Switzerland, six cantons allow them:
The possibility of recall referendums was introduced into several cantonal constitutions after the 1860s in the course of a broad movement for democratic reform. The instrument has never been of any practical importance—the few attempts at recall so far have failed, usually because the required number of signatures was not collected—and it was abolished in the course of constitutional revisions in Aargau, Baselland and Lucerne. The only successful recall so far happened in the Canton of Aargau in the year 1862. However, the possibility of recalling municipal executives was newly introduced in Ticino in 2011, with 59% of voters in favor, as a reaction to the perceived problem of squabbling and dysfunctional municipal governments.

Taiwan

In Taiwan, according to the Additional Articles of the Constitution, the recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan, and also passed by two-thirds of all the members. The final recall must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China takes part.
On 6 June 2020, mayor of Kaohsiung, Han Kuo-yu, became the first mayor to be recalled. 939,090 votes within 969,259 agreed the recall.

Ukraine

A year after the 2015 Ukrainian local elections, voters can achieve a recall election of an elected deputy or mayor if as many signatures as voters are collected.

United Kingdom

The Recall of MPs Act 2015 is an Act of the Parliament of the United Kingdom which allows a recall petition to be held if a Member of Parliament did certain wrongdoings, including being sentenced to prison for up to a year. The petitions cannot be triggered by popular initiative, but rather are automatic and administered by the local returning officer for parliamentary elections, who is designated as petitions officer for this purpose. If the subsequent recall petition is successful, by being signed by at least 10% of the electorate, a by-election is called. It received Royal Assent on 26 March 2015 after being introduced on 11 September 2014. On 1 May 2019, Fiona Onasanya became the first MP to be removed from office after a successful recall petition.

United States

Recall first appeared in Colonial America in the laws of the General Court of the Massachusetts Bay Colony in 1631. This version of the recall involved one elected body removing another official. During the American Revolution, the Articles of Confederation stipulated that state legislatures might recall delegates from the Continental Congress. According to New York Delegate John Lansing, the power was never exercised by any state. The Virginia Plan, issued at the outset of the Philadelphia Convention of 1787, proposed to pair recall with rotation in office and to apply these dual principles to the lower house of the national legislature. The recall was rejected by the Constitutional Convention. However, the anti-Federalists used the lack of recall provision as a weapon in the ratification debates.
Several states proposed adopting a recall for US senators in the years immediately following the adoption of the Constitution. However, it did not pass.
Only two governors have ever been successfully recalled. In 1921, Governor Lynn Frazier of North Dakota was recalled during a dispute about state-owned industries. In 2003, Governor Gray Davis of California was recalled over the state budget. Additionally, in 1988, a recall was approved against Governor Evan Mecham of Arizona, but he was impeached and convicted before it got on the ballot.
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 petitioners. The target may choose to dispute the validity of the grounds in court, and a court then judges whether the allegations in the petition rise to a level where a recall is necessary. In the November 2010 general election, Illinois passed a referendum to amend the state constitution to allow a recall of the state's governor, in light of former Governor Rod Blagojevich's corruption scandal. In the other eleven states that permit statewide recall, no grounds are required and recall petitions may be circulated for any reason. However, the target is permitted to submit responses to the stated reasons for recall.
The minimum number of signatures to qualify a recall, and the time limit to do so, vary among the states. In addition, the handling of recalls, once they qualify, differs. In some states a recall triggers a simultaneous special election, where the vote on the recall, as well as the vote on the replacement if the recall succeeds, are on the same ballot. In the 2003 California recall election, over 100 candidates appeared 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 or some other state authority.

2011 recalls

In 2011, there were at least 150 recall elections in the United States. Of these, 75 officials were recalled, and nine officials resigned under threat of recall. Recalls were held in 17 states in 73 different jurisdictions. Michigan had the most recalls. The year set a record for number of state legislator recall elections beating the previous one-year high. Three jurisdictions adopted the recall in 2011.
Of recall elections, 52 were for city council, 30 were for mayor, 17 were for school board, 11 were for state legislators, and one was for a prosecuting attorney. The largest municipality to hold a recall was Miami-Dade County, Florida, for mayor.
The busiest day was November 8 with 26 recalls. In 34 jurisdictions, recalls were held over multiple days.

Successful recalls

Note: Wisconsin's Jim Holperin has the distinction of being the only U.S. politician to have been subjected to recall from service in two different legislative bodies: the Wisconsin State Assembly in 1990 and the Wisconsin State Senate in 2011. Both attempts were unsuccessful.

Unsuccessful attempts to qualify recall elections

Article 72 of the Constitution of Venezuela enables the recall of any elected representative, including the President. This provision was used in the 2004 Venezuelan recall referendum, which attempted to remove President Hugo Chávez: