States with gubernatorial recall provisions
Gubernatorial recalls are the process of removinggovernors from office via a public effort before their term is completed. Of the 39 states that allow for the recall of elected officials at some level of government,20 states allow gubernatorial recalls.
Eight of the states that allow gubernatorial recalls require specific grounds to be met in order for a recall effort to move forward, such as malfeasance or misfeasance in office. The number of signatures required on recall petitions and the amount of time allowed for petition circulation vary by state.
For more information on past and present recall campaigns against governors, clickhere.
The office of governor
In the United States, the titlegovernor refers to the chief executive of each state. The governor is the chief executive of a state and performs ceremonial and political duties. All state governors are elected officials, and they are electedat large by all registered voters living in a state. Most governors serve for a term of four years. In New Hampshire and Vermont, governors are elected to two-year terms.
Many governors play a role in setting the budget for government spending in their state. They also have the power to appoint various state officials and often work with the state legislature on legislative matters. The governor may also serve as commander-in-chief of the National Guard in the state. In some states, the governor has the power to commute a criminal sentence or pardon an individual who is incarcerated or on death row.
Placing a governor recall vote on the ballot
- See also:Laws governing recall
Laws governing the process of recalling a governor vary by state. Typically, an application or another document must be filed with the appropriate state official to begin a recall effort. The state official determines the number of signatures needed to qualify for a recall election. Generally, the number of signatures to be obtained corresponds to a certain percentage of the votes cast during the last election for the office of governor or the number of registered voters in the state.
Depending on when a recall effort begins, the time frame to obtain the needed signatures varies. Once the required signatures are obtained and submitted, the signatures must be verified. In some states, a certain percentage of signatures must be obtained from individuals who voted in the last election and now want to see the governor removed from office.
Once enough signatures are collected and verified by the state's election officials, the recall procedure can begin. Four separate recall procedures are in place for gubernatorial recalls:
- Simultaneous recall election: A simultaneous recall election may take one of two forms:
- The first form of simultaneous recall election functions like a standard gubernatorial election, in which any number of challengers may appear on the ballot alongside the sitting governor. If the sitting governor receives the most votes, he or she stays in office. If a challenger wins the election, the current governor is removed from office and the winner is sworn in as the new governor.
- The second form of simultaneous recall election is a two-question election. In the first question, voters are asked whether the sitting governor should be recalled. Voters have the option to voteyes orno. The second question allows voters to select a candidate to replace the governor if a majority of voters answeryes to the first question. If the majority of voters answersno to the first question, the second question is void. If the majority of voters answersyes to the first question, the candidate who receives the most votes on the second question becomes governor.
- Separate special election: In a separate special election, voters first vote on whether they want to recall the current governor. If a majority of votes cast are against the recall, the sitting governor remains in office. If a majority of voters cast are in favor of the recall, the governor is removed from office, and a separate special election is called to select a successor.
- Retention recall election: In a retention recall election, voters vote only on whether they want to recall the current governor. If a majority of votes cast are against the recall, the sitting governor remains in office. If a majority of votes cast are in favor of the recall, the governor is removed from office. In a retention recall election, a successful recall is treated in the same way asany other vacancy; usually, this means thelieutenant governor is sworn in as governor.
- Recall trial: The recall trial procedure, used only inVirginia, involves the governor being tried before acircuit court. The governor has the right to request that the trial be heard before a jury, as well as to appeal the decision to theSupreme Court of Virginia. In the event that the court finds the complaints against the governor to be valid, the governor is removed from office and the constitutional successor takes office.
| State | Recall laws | Grounds for recall | Number of signatures required | Petition circulation time | Recall election procedure |
|---|---|---|---|---|---|
| Alaska | Article 11, §8 and Alaska Statutes§15.45 Art. 3 | Lack of fitness, incompetence, neglect of duties or corruption (AS §15.45.510) | 25% of the votes cast in the last gubernatorial election | No time limit | Retention recall election |
| Arizona | Article 8, §1-6 and Arizona Revised StatutesTitle 19, Chapter 2 | N/A | 25% of the votes cast in the last gubernatorial election | 120 days | Simultaneous recall election[1] |
| California | Article 2, §13-19 and California Election CodeDivision 11 | N/A | 12% of the votes cast in the last gubernatorial election, with signatures from at least five separate counties equal to 1% of the votes cast in that county in the last gubernatorial election | 160 days | Simultaneous recall election[2] |
| Colorado | Article 21 and Colorado Revised StatuteTitle 1, Art. 12, Part 1 | N/A | 25% of the votes cast in the last gubernatorial election | 60 days | Simultaneous recall election[2] |
| Georgia | Article 2, §2.4 and Georgia CodeTitle 21, Chapter 4 | 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)) | 15% of voters eligible to participate in the last gubernatorial election | 90 days | Separate special election |
| Idaho | Article 6, §6 and Idaho StatutesTitle 34, Chapter 17 | N/A | 20% of voters eligible to participate in the last gubernatorial election | 60 days | Retention recall election |
| Illinois | Article 3, §7 | N/A | 15% of the votes cast in the last gubernatorial election, including at least 100 signatures from each of at least 25 separate counties, as well as the signature of at least 20 members of thestate House and ten members of thestate Senate, with no more than half of the signatures from either chamber being from members of a single political party | 150 days | Separate special election |
| Kansas | Article 4, §3 and Kansas StatutesChapter 25, Article 43 | 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. §25-4302) | 40% of the votes cast in the last gubernatorial election | 90 days | Retention recall election |
| Louisiana | Article 10, §26 and Louisiana Election CodeRS 18:1300.1 to 18:1300.17 | N/A | 33.3% of eligible voters in the last gubernatorial election | 180 days | Separate special election |
| Michigan | Article 2, §8 and Michigan Compiled LawsChapter 168, Michigan Election law 116-1954, Chapter XXXVI | N/A | 25% of the votes cast in the last gubernatorial election | 90 days | Retention recall election |
| Minnesota | Article 8, §6 and Minnesota StatutesChapter 211C | 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 (Article VIII, §6, Minnesota Constitution) | 25% of the votes cast in the last gubernatorial election | 90 days | Separate special election |
| Montana | Montana Annotated CodeTitle 2, Chapter 16, Part 6 | 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) | 10% of voters eligible to participate in the last gubernatorial election | 3 months | Separate special election |
| Nevada | Article 2, §9 and Nevada Revised StatutesChapter 306 and294A.006 | N/A | 25% of the votes cast in the last gubernatorial election | 60 days | Simultaneous recall election[1] |
| New Jersey | Article 1, §2(b) and New Jersey StatutesTitle 19:27A-1 to 19:27A-18 | N/A | 25% of registered voters | 320 days | Separate special election |
| North Dakota | Article 3, §1,§10, and North DakotaChapter 16.1-01-09.1 | N/A | 25% of the votes cast in the last gubernatorial election | No time limit | Simultaneous recall election[1] |
| Oregon | Article 2, §18 and Oregon Revised StatutesChapter 249.865 to 249.887 | N/A | 15% of the votes cast in the last regularly-scheduled gubernatorial election | 90 days | Separate special election |
| Rhode Island | Article 4, §1 | 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 (Article IV, §1, Rhode Island Constitution) | 15% of the votes cast in the last gubernatorial election | 90 days | Separate special election |
| Virginia | Virginia CodeTitle 24.2-233 to 24.2-238 | 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) | 10% of the votes cast in the last gubernatorial election | No time limit | Recall trial |
| Washington | Article 1, Sec. 33-34 and Revised Code of WashingtonChapter 29A.56.110 to 29A.56.270 | Commission 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) | 25% of the votes cast in the last gubernatorial election | 270 days | Retention recall election |
| Wisconsin | Article 13, §12 and Wisconsin Annotated Statutes§9.10 | N/A | 25% of the votes cast in the last gubernatorial election | 60 days | Simultaneous recall election[1] |
Gubernatorial recall elections
- See also:Gubernatorial recalls
It is not common for a sitting governor to be voted out of office through a recall election. Since 1921, four sitting governors have faced recall elections. North Dakota Governor Lynn Frazier was voted out of office in a recall election in 1921. In a 2003 recall election,Gray Davis was voted out of office in California.Scott Walker, governor of Wisconsin, retained his seat in office after a recall election in 2012, andGavin Newsom, governor of California, retained his seat in a 2021 recall election.
Recent recall efforts
The following list includes recall campaigns that took place in the three most recent calendar years.
- Gavin Newsom recall, Governor of California (2019-2021)
- Mike Dunleavy recall, Governor of Alaska (2019-2021)
- Phil Murphy recall, Governor of New Jersey (2019-2020)
- Steve Sisolak recall, Governor of Nevada (2020)
- Gretchen Whitmer recall, Governor of Michigan (2020-2021)
- Tim Walz recall, Governor of Minnesota (2020)
- Kate Brown recall, Governor of Oregon (2020)
- Brad Little recall, Governor of Idaho (2020)
- Tony Evers recall, Governor of Wisconsin (2020)
- John Bel Edwards recall, Governor of Louisiana (2020-2021)
- Jared Polis recall, Governor of Colorado (2020)
- Doug Ducey recall, Governor of Arizona (2020)
- Doug Ducey recall, Governor of Arizona (2021)
- Jay Inslee recall, Governor of Washington (2021)
- Doug Burgum and Brent Sanford recall, Governor and Lieutenant Governor of North Dakota (2021-2022)
- Jared Polis recall, Governor of Colorado (2022)
- Jay Inslee recall, Governor of Washington (2022)
