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Fight Back! Learn How to Recall Radical Elected Officials Before They Do More Damage

Thirty-nine states in America have provisions allowing for recall of certain elected officials at the local and/or state level.

A conservative grassroots effort to recall California Democratic Governor Gavin Newsom has garnered enough valid signatures to make the ballot, state election officials announced on Monday. This will be the second such election in California’s history.

A retired county sheriff’s sergeant, Orrin Heatlie, launched the recall effort last year. His signature collection effort began last June and then picked up momentum in the fall as frustration grew over Newsom’s anti-constitutional coronavirus-related actions. “Our work is just beginning. Now the real campaign is about to commence,” explained Heatlie.

The California secretary of state’s office said more than 1.6 million signatures had been deemed valid as of Monday, about 100,000 more than required. “The people of California have done what the politicians thought would be impossible,” exclaimed Heatlie.

The retired sheriff’s sergeant chose to pursue a recall in early 2020 due to left-wing Newsom’s dangerous support for illegals and other radical policies. Newsom instructed illegals not to open their doors to law enforcement unless officers had a warrant. Heatlie was incensed by Newsom’s insult to his profession.

You Can Start Your A Recall Campaign in Your State

Why should Americans wait to recall a dangerous or inept elected official? Sometimes, those in positions of power exploit their position for personal gain or to further a subversive agenda. There is recourse for voters who can’t wait until the election in many states.

Thirty-nine states in America have provisions allowing for recall of certain elected officials at the local and/or state level. Heatlie heroic actions should serve as a motivation to other conservatives across America.

A 52-year-old retired county sheriff’s sergeant with zero political experience was able to penetrate the center of California’s political world and force the recall election of a major Democratic politician.

On his own, Heatlie began by researching recall campaigns. He joined an existing effort to recall Newsom, which he describes as a “training mission.” By joining another recall, effort allowed him to network and connect with people who would later work with him when he formed his own recall effort. 

Twenty-one months later, Heatlie and his team were able to gather 1.6 million signatures, and now later this year, Californians will get to choose whether to remove Newsom from office.

A retired county sheriff’s sergeant led a historical movement through dedication and hard work. To learn more about Heatlie and his grassroots effort, read here. Also, read the inspiring story of a plumber, Victor Head, who successfully recalled two anti-second amendment state Senators in Colorado. We hope his efforts inspire other Americans to take action in their states.

The following information below is reprinted from Ballotpedia

The information on this page is meant for informational purposes only and does not constitute legal advice. Those interested in initiating a recall should consult with their local authoritative bodies.

Laws governing recall

39 states have provisions allowing for recall of certain elected officials at the local and/or state level.[1]

Background

Recall is a process by which citizens may remove elected officials their positions before the end of their term.[2] It should not be confused with the legislative process of removing officials called impeachment. It should also not be confused with retention elections held in some states for members of the judiciary.

Recall election of state officials

There are provisions for recalls elections of state officers in 19 states. The process begins with a petition drive and end with an election.[3]

Recall trial of state officials

Virginia has a process of recall by which a trial in the state Circuit Courts is petitioned. Virginia is the only state to use this process. Virginia laws clearly state local officials can be recalled. Whether this would apply to state level officers is unclear given ambiguous legal language and issues with the jurisdiction of the court. There is no precedent of a Virginia state legislature or governor having faced recall.

State officials that can be recalled

The following table indicates which elected state officials (in general) can be recalled based on state law.

StateExecutiveLegislativeJudicial[5]Provision
Alaska Approved Approved Defeated“All elected public officials in the State, except judicial officers, are subject to recall…” (AK Con. Art. 11, §8)
Arizona Approved Approved Approved“Every public officer in the state of Arizona, holding an elective office, either by election or appointment, is subject to recall…” (AZ Con. Art. 8, §1-6)
California Approved Approved Approved“Recall is the power of the electors to remove an elective officer.” (CA Con. Art. 2, §13-19)
Colorado Approved Approved Approved“Every elective public officer of the state of Colorado may be recalled…” (CO Con. Art. 21)
Georgia Approved Approved Approved“The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office…” (GA Con. Art. 2, §2.4)
Idaho Approved Approved Defeated“Every public officer in the state of Idaho, excepting the judicial officers, is subject to recall…” (ID Con. Art. 6, §6)
Illinois (Governor Only) Defeated Defeated“The recall of the Governor may be proposed…” (IL Con. Art. 3, §7)
Kansas Approved Approved Defeated“All elected public officials in the state, except judicial officers, shall be subject to recall by voters…” (Article 4, §3)
Louisiana Approved Approved Approved“The legislature shall provide by general law for the recall by election of any state, district, parochial, ward, or municipal official except judges of the courts of record…” (LA Con. Art. 10, §26)
Michigan Approved Approved Approved“Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record…” (MI Con. Art. 2, §8)
Minnesota Approved Approved Approved“A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters…” (MN Con. Art. 8, §6)
Montana Approved Approved Approved“Any person holding a public office of the state or any of its political subdivisions, either by election or appointment, is subject to recall from office…” (MT Ann. Code 2-16-6)
Nevada Approved Approved Approved[6]“Every public officer in the State of Nevada is subject, as herein provided, to recall from office…” (NV Con. Art. 2, §9)
New Jersey Approved Approved Defeated“The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress…” (NJ Con. Art. 1, §2(b))
North Dakota Approved Approved Approved“Any elected official of the state, of any county or of any legislative or county commissioner district shall be subject to recall…” (ND Con. Art. 3, §10)
Oregon Approved Approved Approved“Every public officer in Oregon is subject, as herein provided, to recall by the electors of the state or of the electoral district from which the public officer is elected…” (OR Con. Art. 2, §18)
Rhode Island Approved Defeated Defeated“The governor, lieutenant governor, secretary of state, attorney-general, general treasurer shall be … subject to recall…” (RI Con. Art. 4, §1)
Virginia [7] [7] Defeated“Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court…” (VA Code 24.2-233)
Washington Approved Approved Defeated“Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall…” (WA Con. Art. 1, Sec. 33-34)
Wisconsin Approved Approved Approved“The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer…” (WI Con. Art. 13, §12)

Specific provisions for state officer recalls

The following table indicates some basic information regarding laws governing recall laws on state officers.[3]

StateLegal ProvisionsSignature Requirement[3]Petition Time[3]
ConstitutionStatute
AlaskaArticle 11, §8Alaska Statutes §15.45 Art. 3 and §29.26 Art. 325% of the last votes cast for the office
ArizonaArticle 8, §1-6Arizona Revised StatutesTitle 19, Chapter 225% of the last votes cast for the office120 days
CaliforniaArticle 2, §13-19California Election Code Division 11statewide officers’: 12% of the last vote casts for the office (signatures from each of 5 counties equal in number to 1% of the last vote for the office in the county)
Senate, Assembly, Board of Equalization, Courts of Appeals, and trial courts: 20% of the last votes cast for the office.
160 days
ColoradoArticle 21Colorado Revised Statute Title 1, Art. 12, Part 1 and Title 31, Art. 4, Part 525% of the last votes cast for the office60 days
GeorgiaArticle 2, §2.4Georgia Code Title 21, Chapter 4statewide officers: 15% of eligible voters for the office at last election (1/5 from each congressional district)Others: 30% of eligible voters for the office at last election90 days
IdahoArticle 6, §6Idaho Statutes Title 34, Chapter 1720% of eligible voters for the office at last election60 days
IllinoisArticle 3, §715% of the last votes cast for governor from each of at least 25 counties (plus 20 members of the House, 10 members of the Senate, no more than half for each chamber from one party)150 days
KansasArticle 4, §3Kansas Statutes Chapter 25, Article 4340% of the last votes cast for the office90 days
LouisianaArticle 10, §26Louisiana Election Code RS 18:1300.1 to 18:1300.1733.3% of eligible voters for the office at last election (if >1,000 eligible voters)
40% of eligible voters for the office at last election (if <1,000 eligible voters)
180 days
MichiganArticle 2, §8Michigan Compiled Laws Chapter 168, Michigan Election law 116-1954, Chapter XXXVI25% of the last votes cast for the office90 days
MinnesotaArticle 8, §6Minnesota Statutes Chapter 211C25% of the last votes cast for the office90 days
MontanaMontana Annotated Code Title 2, Chapter 16, Part 6statewide officers: 10% of eligible voters for the office at last election
For district officers: 15% of eligible voters for the office at last election
3 months
NevadaArticle 2, §9Nevada Revised Statutes Chapter 306294A.006, and 539.160 to 539.18725% of the last votes cast for the office60 days
New JerseyArticle 1, §2(b)New Jersey Statutes Title 19:27A-1 to 19:27A-1825% of registered voters in the district for the officeGovernor / U.S. Senator: 320 days
Others: 160 days
North DakotaArticle 3, §1 and §10North Dakota Chapter 16.1-01-09.1 and Chapter 44-08-2125% of the last votes cast for the office
OregonArticle 2, §18Oregon Revised Statutes Chapter 249.865 to 249.887 (dead link)15% of all votes cast for governor in last general election in the district for the office90 days
Rhode IslandArticle 4, §115% of the last votes cast for the office90 days
VirginiaVirginia Code Title 24.2-233 to 24.2-23810% of the last votes cast for the office
WashingtonArticle 1, Sec. 33-34Revised Code of Washington Chapter 29A.56.110 to 29A.56.270statewide officers: 25% of the last votes cast for the office
Others: 35% of the last votes cast for the office
Statewide officers: 270 days
Others: 180 days
WisconsinArticle 13, §12Wis. Stat. Ann. §9.1025% of all votes cast for governor in last general election in the district for the office60 days

Choosing a successor

There are three general methods used to choose a successor for a position as a result of a recall election.[3]

Simultaneous Election — The (potential) successor is chosen on the same ballot. This is used in:

Separate Special Election — The successor is chosen in a special election following the recall election. This is used in:

Appointment — The successor is appointed. This is used in:

Recall of local officials

There are 39 states that allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to home rule provisions. In those cases, the states allow cities and counties to adopt their own charters, which could then provide for local recall, even if no other city or county in the state allows it.

States with provisions for recall of local officials:

Recall of federal officials

The United States Constitution does not provide for recall of any federally elected official. The option was considered during the drafting of the document in 1787, but was not included in the final version. Some state constitutions have stated the right of citizens to recall their members of the United States Congress, but whether it is constitutionally legal at the federal level has not been yet been ruled upon by the United States Supreme Court. One of the closest noted 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.

Some states have released opinions and rulings on recall of members of the U.S. Congress. Attorneys general in Arkansas (2010), Louisiana (2009), Kansas (1994), Nevada (1978), and Oregon (1935) all issued opinions against the recall of federal officials. Conversely, the Attorney General of Wisconsin in 1979 give an opinion that state administration could not reject a petition for recall of a member of the U.S. Congress. In 2010, the Supreme Court of New Jersey ruled against federal recall and the Supreme Court of North Dakota also upheld an opinion by the state’s attorney general against federal recall. Michigan courts stopped a recall petition against a member of Congress in 2007. A federal court in 1967 dismissed a case from Idaho where petitioners hoped to require the state to accept petitions seeking recall of a U.S. Senator.

Whether grounds are required

In some states that allow recall, a recall can only occur under certain circumstances. An example of this is Georgia, where an elected official may only be recalled under the circumstances of “an act of malfeasance or misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed.”

In other states, recalls may proceed without having to fit within a prescribed set of grounds. Balltopia lists gives details into the specific grounds required.

Grounds required

States that allow recall elections only if they fit within certain prescribed grounds include:

StateAllowable grounds for a recall
AlaskaLack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510)
Florida (Local Recall Only)Malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude. (Fla. Stat. Ann §100.361)
GeorgiaAct 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))
KansasConviction 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. §25-4302)
MinnesotaSerious 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 (Article VIII, §6, Minnesota Constitution)
Missouri
(Local Recall Only)
Misconduct in office, incompetence, and failure to perform duties prescribed by law. (Missouri Revised Statutes Section 77.650)
MontanaPhysical 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)
New Mexico
(Local Recall Only)
Malfeasance or misfeasance in office or violation of the oath of office during the official’s current term. (Article X, §6 (county officers) and Article XII, §14 (school board members) of the New Mexico Constitution. Note: Recall of elective officers in commission-manager municipalities does not require grounds.)
Rhode IslandAuthorized 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 (Article IV, §1, Rhode Island Constitution)
South Dakota
(Local Recall Only)
Misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. (SDCL §9-13-30)
Virginia[7]Neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a “hate crime” (§24.2-233)
WashingtonCommission of some act or acts of malfeasance or misfeasance while in office, or who has violation of oath of office (Article I, §33, Washington State Constitution)

For in-depth information on recalls, please read Ballotpedia, National Conference of State Legislatures, and The Recall Elections Blog

RAIR Foundation USA is here to help and support your efforts. Please contact info@rairfoundation if you are taking recall action in your state.

Amy Mek

Investigative Journalist: Banned in parts of Europe, Wanted by Islamic countries, Threatened by terror groups, Hunted by left-wing media, Smeared by hollywood eltiest & fake religious leaders.

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