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October 9, 2007 |
2007-R-0565 |
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STATE STATUTES ON
RECALL AND ETHICS TRAINING |
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By: Sandra Norman-Eady, Chief Attorney |
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You asked how many states (1) have recall provisions and (2) require their state ethics commission to train local officials.
SUMMARY
Recall is a procedure that allows citizens to remove elected officials before the end of their terms. Nineteen states currently permit recall of state officials. Although recall procedures vary by state, 18 states with such procedures hold recall elections and require a specified number of voters to sign the election petition before the election can be held. Virginia allows for a recall trial rather than an election. Seven of the 18 states that hold recall elections require specific grounds to recall an official, such as misconduct, incompetence, conviction of a crime, or violation of the oath of office.
Most state ethics commissions have jurisdiction over state officials and employees only. However in some states they also have jurisdiction over local officials and employees. We found four states, Alabama, Oregon, Pennsylvania, and West Virginia, that require or allow their state ethics commission to train local officials or otherwise give local agencies ethics manuals and guides.
RECALL PROVISIONS IN OTHER STATES
According to a 2006 report by the National Conference of State Legislatures, 18 states currently permit recall of state officials: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota, Oregon, Rhode Island, Washington, and Wisconsin. In addition, the District of Columbia provides for recalls, and Virginia has a process allowing for a recall trial, rather than a recall election. While most states providing for recall elections allow voters to commence the recall process for a broad range of reasons, Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington require specific grounds to recall an official, as shown in Table 1.
Table 1: Grounds for Recalling State Officials
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State |
Citation |
Permissible Grounds |
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Alaska |
AS § 15. 45. 510 |
• Lack of fitness • Incompetence • Neglect of duties • Corruption |
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Georgia |
Ga. Code §§ 21-4-3(7), 21-4-4(c) |
• Malfeasance or misconduct while in office • Violation of oath of office • Failure to perform duties prescribed by law • Willful misuse, conversion, or misappropriation, without authority, of public property or funds entrusted or associated with the elective office |
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Kansas |
KS Stat. § 25-4301 |
• Felony conviction • Misconduct in office • Incompetence • Failure to perform duties prescribed by law |
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Minnesota |
Const. Art. VIII § 6 |
• Serious malfeasance or nonfeasance in performance of duties of the office • Conviction of a serious crime during the term of office |
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Montana |
Mont. Code § 2-16-603 |
• Physical or mental lack of fitness • Incompetence • Violation of oath of office • Official misconduct • Conviction of certain felony offenses (enumerated in Title 45) |
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Rhode Island |
Const. Art. IV § 1 |
• Felony indictment or charge • Misdemeanor conviction • Probable cause to believe violation of the code of ethics |
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Washington |
Const. Art. I § 33 |
• Malfeasance or misfeasance while in office • Violation of oath of office |
The states also differ on the recall process itself. Table 2 shows who can be recalled, how many signatures are required for the recall petition, and how long the petition must circulate.
Table 2: Recall Provisions for Statewide and Legislative Officials
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State |
Who Can Be Recalled |
Signature Requirement |
Circulation Time |
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Alaska |
All but judicial officials |
25% of the votes cast in the last election for the official being recalled |
Not specified |
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Arizona |
All |
25% of the votes cast in the last election for the official being recalled |
120 days |
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California |
All |
For statewide officials: 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 |
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Colorado |
All |
25% of the votes cast in the last election for the official being recalled |
60 days |
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Georgia |
All |
For statewide officials: 15% of eligible voters for the office at the time of the last election, 1/5 from each congressional district Others: 30% of eligible voters for the office at the time of the last election |
90 days |
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Idaho |
All but judicial officials |
20% of eligible voters for the office at the time of the last election |
60 days |
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Kansas |
All but judicial officials |
40% of the votes cast in the last election for the official being recalled |
90 days |
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Louisiana |
All but judicial officials |
If over 1,000 eligible voters: 33. 3% of eligible voters for the office at the time of the last election If fewer than 1,000 eligible voters: 40% of eligible voters for the office at the time of the last election |
180 days |
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Michigan |
All but judicial officials |
25% of total votes cast for the position at the last election |
90 days |
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Minnesota |
State executive officials, legislators, judicial officials |
25% of total votes cast for the position at the last election |
90 days |
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Montana |
All |
For statewide officials: 10 % of eligible voters for the office at the time of the last election For district officials: 15% of eligible voters for the office at the time of the last election |
3 months |
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Nevada |
All |
25% of the votes cast in the last election for the official being recalled |
60 days |
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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 |
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North Dakota |
All but U. S. Congress |
25% of the votes cast in the last election for the official being recalled |
Not specified |
Table 1: Continued
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State |
Who Can Be Recalled |
Signature Requirement |
Circulation Time |
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Oregon |
All but U. S. Congress |
15% of total votes cast in the official's district for all candidates for governor in the last election |
90 days |
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Rhode Island |
Governor, Lt. Governor, Secretary of State, Treasurer, Attorney General |
15% of total votes cast for said office in the last general election |
90 days |
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Washington |
All but judicial officials |
For statewide officials: 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 officials: 270 days Others: 180 days |
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Wisconsin |
All |
For statewide officials: 25% of total votes cast for the position at the last election Others: 25% of the votes cast for the position of president in the last election |
60 days |
STATE ETHICS COMMISSIONS THAT TRAIN LOCAL OFFICIALS
The Alabama Ethics Commission must, where practicable, offer programs that educate candidates, officials, employees, and Alabama citizens on ethics matters in government service (Al. Code § 36-25-4).
Oregon's Government Standards and Practices Commission may use its own staff or contract to prepare and present a continuing education program for public officials and lobbyists. “Public officials” include officials of political subdivisions (Or. Rev. Stat. § 244. 340).
Pennsylvania's State Ethics Commission must prepare and publish special reports, educational materials, and technical studies to further the purposes of the state's ethics code (Pa. Code Ann. § 65-1101). The commission currently partners with local organizations to offer ethics training to local government officials.
West Virginia's Ethics Commission must prepare and publish manuals and guides explaining the duties of people (including local officials) covered by the state's ethics code and give instructions and materials to facilitate code compliance (WV Code § 6B-2-2 (d) (2)). It must also help agencies, officials, and employees administer the code (WV Code § 6B-2-2 (d) (3)).
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Table 3: Grounds for Recalling Local Officials
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State |
Officers Subject to Recall |
Key Steps in the Recall Process |
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Alabama Ala. Code §11-44-130 - 11-44-134 |
Municipal commissioners and mayors |
No restrictions on when a recall petition may be commenced No specific grounds are required No time limit for gathering signatures Signature requirement is number equal to 3% of the inhabitants of the municipality according to the last federal census who are qualified to vote for a successor (§11-44-130). Signature requirement is number equal to 30% of those who voted in the last election (§11-44E-168) |
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Alaska* Const. Art. 11, §8 AS§29.26-240 et seq. |
All elected public officials in the state, except judicial officers |
Recall may commence after first 120 days in office. Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed duties. Time for gathering signatures is 60 days. Signature requirement is number equal to 25% of the votes cast for that office in the last regular election. |
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Arizona* Const. Art. 8 |
Every public officer in the state holding elective office, either by election or appointment |
Recall may commence after 6 months in office. No specific grounds are required. Time for gathering signatures is 120 days. Signature requirement is number equal to 25% of the votes cast for that office in the last regular election. |
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Arkansas Ark. Code §14-47-112, 14-48-114, 14-61-119, 14-92-209 |
Mayor, member of board of directors, commissioners of suburban improvement districts (for the latter, a petition triggers a recall hearing, rather than an election) |
Recall may commence after 6 months in office No specific grounds are required No time limit for gathering signatures Signature requirement for mayors and directors is number equal to 35% of ballots cast for all candidates for the office at the preceding primary at which the officials were nominated or elected; for commissioners of suburban improvement districts requirement is number equal to 25% of the owners of realty within the district |
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California* Const. Art. 2, §19 Election Code §11000 et seq. |
Elective officer of a city, county, school district, community college district, or special district, or a judge of a trial court County and city charter provisions providing for recall are not affected by state provisions. |
Recall may commence after 90 days in office. Recall may not commence if officer has 6 months or less left in term. No specific grounds are required. Time for gathering signatures is 40 - 160 days (depending upon the size of the jurisdiction). Signature requirement varies according to the number of registered voters in the jurisdiction: 30% if registration is less than 1,000; 25% if registration is between 1,000 and 9,999; 20% if registration is between 10,000 and 49,999; 15% if registration is between 50,000 and 99,999; 10% if registration is 100,000 and above. |
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Colorado* Const. Art. 21, §4 CRS §31-4-501 et seq. |
Elective officers of any county, city and county, city and town |
Cities, counties and towns may provide for the manner of exercising the recall, but cannot require a petition be signed by more than 25% of the entire vote cast in the last election for the office subject to recall. |
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Florida Fla. Stat. Ann §100.361 |
Any member of the governing body of a municipality or charter county |
No recall may commence until official has served at least one-fourth of his term Grounds for recall are malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude Time for gathering signatures is 30 days Signature requirement varies according to the number of registered voters in the jurisdiction: 50 electors or 10% of the total electors, whichever is greater, in a district of fewer than 500 electors; 100 electors or 10% of the total electors, whichever is greater, in a district of 500-1,999 electors; 250 electors or 10% of the total electors, whichever is greater, in a district of 2,000-4,999 electors; 500 electors or 10% of the total electors, whichever is greater, in a district of 5,000-9,999 electors; 1,000 electors or 10% of total electors, whichever is greater, in a district of 10,000-24,999 electors; 1,000 electors or 5% of the total electors, whichever is greater, in a district of 25,000 or more electors |
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Georgia* Const. Art. 2, §2.4 Ga. Code §21-4-1 et seq. |
All state and local officials who hold elective office |
No recall may commence during the first or last 180 days in office. Grounds for recall are conduct which relates to and adversely affects the administration of his or her office and adversely affects the rights and interests of the public; and act(s) of malfeasance, violation of oath of office, failure to perform duties prescribed by law willful misuse, conversion or misappropriation of public property or funds. Time for gathering signatures is 45 days for a petition requiring 5,000 signatures or more; 30 days for a petition requiring fewer than 5,000 signatures. Signature requirement is number equal to 30% of the electors registered and qualified to vote at the last regular election. |
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Idaho* Const. Art. 6, §6 Idaho Code §34-1701 et seq. |
Every public officer in the state of Idaho, excepting the judicial officers. Specifically includes: County officers--members of the board of county commissioners, sheriff, treasurer, assessor, prosecuting attorney, clerk of the district court, and coroner. City officers-mayor, members of the city council. Special district elected officers for whom recall procedure is not otherwise provided by law. |
Recall may commence after 90 days in office. No specific grounds are required. Time for gathering signatures is 60 days. Signature requirement is number equal to 20% of the number of electors registered to vote at the last regular election at which the officer was elected. For special district elected officers, requirement is 50% instead of 20%. |
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Kansas* Const. Art. 4, §3 KSA §25-4301 et seq. |
All elected public officials in the state, except judicial officers |
Recall may not commence during first 120 or last 200 days in office. Grounds for recall are conviction of a felony, misconduct in office or failure to perform duties prescribed by law. Time for gathering signatures is 90 days. Signature requirement is number equal to 40% of the votes cast for the office in the last election. |
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Louisiana* Const. Art. 10, §26 La.R.S. §18:1300 et seq. |
Any state, district, parochial, ward, or municipal official except judges of the courts of record |
Recall may not commence during last 6 months in office. No specific grounds are required Time for gathering signatures is 90 days. Signature requirement is number equal to 33 1/3% of the electors of the voting area, unless fewer than 1,000 electors reside within the voting area, in which case the petition must be signed by at least 40% of those electors. |
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Michigan* Const. Art. 2, §8 MCL §168.951 - 168.975 |
All elective officers except judges of courts of record |
Recall may not commence during last 6 months in office. No specific grounds are required Time for gathering signatures is 90 days. Signature requirement is number equal to 25% of the persons voting in the electoral district at the time of the last election for governor |
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Minnesota* Minn. Stat. Ann. §351.14 - 351.23 |
Any public official who is elected to countywide office or appointed to an elective countywide office, including county attorney, county sheriff, county auditor, county recorder, county treasurer, soil and water conservation supervisor, county commissioner elected or appointed from a commissioner district or a soil and water conservation district supervisor elected or appointed from a supervisor district |
Recall may not be commenced in the 180 days immediately preceding a general election for the office which is held by the officer subject to the recall. Grounds for recall are malfeasance or nonfeasance in the performance of official duties during the current or any previous term. Prior to circulating a petition, there must be a court hearing to determine if there is probably cause for the grounds for recall. No time limit for gathering signatures. Signature requirement is number equal to 25% of the persons who voted in the last election for the office which is held by the official named in the petition |
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Missouri MRS §77.650, 78.260 |
any elective office in a third class city |
Recall may not commence during first 6 months in office Grounds for recall are misconduct in office, incompetence, and failure to perform duties prescribed by law. Time for gathering signatures is 60 days. Signature requirement is number equal to 25% of the total registered voters in the city |
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Montana* MCA §2-16-601 et seq. |
Every person holding a public office of the state or any of its political subdivisions, either by election or appointment |
Recall may not commence during first 2 months in office. Grounds for recall are physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of a felony offense Time for gathering signatures is 3 months. Signature requirement for county officials is 15% of the persons registered to vote at the last county general election; for municipal or school district officials requirement is 20% of the persons registered to vote at the last election |
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Nebraska NRS §31-786 - 31-973 and 32-1301 - 32-1309 |
Any elected official of a political subdivision and any elected member of the governing bodies of cities, villages, counties, irrigation districts, natural resources districts, public power districts, school districts, community college areas, educational service units, hospital districts, metropolitan utilities districts, and sanitary and improvement districts. The recall procedure and special election provisions apply to the mayor and members of the city council of municipalities with a home rule charter notwithstanding any contrary provisions of the home rule charter. |
Recall may not commence during first 6 months in office or within 6 months prior to the incumbent filing deadline for the office No specific grounds are required. Time for gathering signatures is 30 days. Signature requirement is number equal to 35% of the total vote cast for that office in the last election except that a) for an office for which more than one candidate is chosen, requirement is 35% of number of votes cast for the person receiving the highest number of votes for that office in the last election; b) for a member of a board of a Class I school district, requirement is number equal to 25% of total number of registered voters residing in the district; c) for a village officer, requirement is 45% of the total votes cast for the person receiving the most votes for that office in the last election |
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Nevada* Const. Art. 2, §9 |
Every public officer in the State of Nevada is subject to recall from office by the registered voters of the state, or of the county, district, or municipality which he represents. |
Recall may not commence during first 6 months in office. No specific grounds are required Time for gathering signatures is 60 days. Signature requirement is number equal to 25% of the persons voting in the last election |
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New Hampshire RSA 49D:3(e) |
Charters adopted by towns, cities, village districts and unincorporated places may provide for recall. |
Provisions vary by jurisdiction’s individual charter. |
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New Jersey* Const. Art. 1, §2(b) |
Any elected official in the state or representing the state in the United States Congress. Includes local officials. |
Recall may not commence during first year in office. No specific grounds are required Time for gathering signatures is 160 days. Signature requirement is number equal to 25% of the registered voters of the district |
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New Mexico Const. Art. 10, §9 |
Elected official of a county |
A recall election cannot be conducted after May 1 in a calendar year in which an election is to be held for the office subject to the proposed recall. Grounds for recall are malfeasance or misfeasance in office or violation of the oath of office during the official’s current term. Prior to circulating a petition, there must be a court hearing to determine if there is probably cause for the grounds for recall. No time limit for gathering signatures. Signature requirement is number equal to 33 1/3% of persons who voted in the last election for the office |
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North Dakota* Const. Art. 3, §10 |
Any elected official of the state, of any county or of any legislative or county commissioner district |
Recall may be commenced at any time. No specific grounds are required. No time limit on gathering signatures. Signature requirement is number equal to 25% of the those who voted in the last election |
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Ohio ORC §705.92 |
Any elective officer of a municipal corporation |
Recall may not commence during last 190 days in office. No specific grounds are required Time for gathering signatures is 90 days. Signature requirement is number equal to 15% of the total votes cast in the last regular municipal election |
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Oregon* Const. Art. 2, §18 ORS §249.865 - 249.880 |
Every public officer in Oregon |
Recall may not commence during first 6 months in office. No specific grounds are required Time for gathering signatures is 90 days. Signature requirement is number equal to 15% of all votes cast in the electoral district for governor at the last election |
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South Dakota SDCL §9-13-29 - 9-13-35 |
The mayor, or any commissioner or any alderman in municipalities of the first and second classes with or without a city manager |
Recall may commence at any time. Grounds for recall are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality Time for gathering signatures is 60 days. Signature requirement is number equal to 15% of registered voters in the municipality, based on the total number of registered voters at the time of the last general election |
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Tennessee Tenn. Code Ann. §6-31-301 |
Members of boards of education, city council members |
No recall election may be held during the 90 days before or the 90 days after a municipal election No specific grounds are required. No time limit for gathering signatures. Signature requirement is number equaling 66% of the total vote cast for the candidate receiving the highest number of votes at the last election |
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Washington* Const. Art. 1, §33-34 RCW §29.82.010 et seq. |
Every elective public officer of the state of Washington expect judges of courts of record |
Recall may not commence during last 6 months in office. [effective until July 1, 2004] Grounds for recall are acts of malfeasance or misfeasance while in office or violation of oath of office Time for gathering signatures is 180 days. [effective until July 1, 2004] Signature requirement for city officers of cities of the first class and county officers of counties of the first, second and third classes is 25% of total votes cast for the office at the last election; for all other political subdivisions, requirement is 35% of total votes cast for the office at the last election |
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West Virginia WV Code §8-12-4(3) |
Any city may be charter provision provide for the recall of an elected officer. |
Recall may commence at any time. No specific grounds are required. No restriction on time for gathering signatures. Signature requirement is number equaling 20% of the qualified voters of the city. |
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Wisconsin* Const. Art. 13, §12 WSA §9.10 |
The qualified electors of the state, of any county, city, village, town, of any congressional, legislative, judicial or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official |
Recall may not commence during first year in office. No specific grounds are required Time for gathering signatures is 60 days. Signature requirement for county officials is number equal to 25% of the votes cast for governor in the county the county the officer represents; for a city, town, village or school district officer, requirement is 25% of the votes cast for president in the district the officeholder represents |
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Wyoming Wyo. Stat. §15-4-110 |
Any elected officer of a city or town operating under the commission form of government. |
Recall may commence at any time. No specific grounds are required. No restriction on time for gathering signatures. Signature requirement is number equaling 25% of all registered electors in the city or town. |
* State also has provision for recall of state-level and legislative officials.