Recall of Local Elected Officials

Defining a Recall Procedure

Recall is a procedure that allows citizens to remove and replace an elected official before the end of the official’s elected term.

Generally, the recall procedure for states is specified in a state’s constitution. The constitutions of 18 states specifically authorize it. In Kansas, Article 4, Section 34 of the Kansas Constitution states all public officials except judicial officers are subject to recall and procedures and grounds shall be prescribed by law. According to the National Conference of State Legislatures, recall has most often been successfully used at the local level rather than the state level.

The Recall Process

The specific process varies from state to state, but the recall process generally has three steps:

• An application must be filed to circulate a recall petition. Some states may require that the application specify the reasons for recall or stipulate specific grounds (actions) that an elected official must have done to be recalled;
• The recall petition must be circulated to acquire a specific number of signatures within a specific timeframe;
• If the petition presents enough valid signatures, a recall election is held.

Seven states have a two-question recall election ballot. The first decides whether the official in question should be recalled. The second provides a list of candidates to fill the vacancy if the recall is successful. Twelve states ask only whether an elected official should be recalled. Then, a successor is chosen in a special election that is established by law, an appointment is made to fill the vacancy, or the office remains vacant until the next normal election.

The Recall Procedure in Kansas

Kansas added recall procedures to its statutes in 1976, in KSA 25-4301 through KSA 25-4331. Recall is allowed for both state-level and local-level officials. KSA 25-4305 through KSA 25-4317 set out procedures for recall of state-level officials—the Governor, state legislators, and State Board of Education members—and those elected on a statewide basis: the Secretary of State, Attorney General, State Treasurer, and Insurance Commissioner. KSA 25-4318 through KSA 25-4331 define recall procedures for any elected official other than state officers or those not subject to recall. Attorney General Opinion 1994-35 states members of Congress are not subject to recall.

A recall committee of three registered electors of the election district must complete a recall petition application. The petition application must include the name and office of the elected official, grounds for recall, and a statement and warning that signing a recall petition without being a registered elector in the district constitutes a class B misdemeanor. Additional elements are required for recall of local officers.

Kansas law provides these grounds for recall:

• Conviction of a felony;
• Misconduct in office (a violation of law by the official that impacts the officer’s ability to perform the official duties of the office); or
• Failure to perform duties prescribed by law.

A copy of the petition application is filed with the county election officer, who transmits a copy of the application to the district attorney, where it is determined within a five-day period whether the grounds for recall are sufficient. If found to be sufficient and properly formatted, the petition may then be circulated.

The required number of signatures for state-level officials to trigger a recall election is 10 percent of the total votes cast for that office at the previous general election for that officer’s term and 40 percent for local-level officials.

The final petition (with signatures) must be filed with the county election officer (for local office recalls) and the Secretary of State (for state office recalls), and officials have 30 days to determine sufficiency after a final petition has been filed.

A recall election must be held between 60 and 90 days after notification to the recall committee that the petition was properly filed, unless another election in that district is within 120 days. The election determines whether the officer is successfully recalled or maintains the office.

If an officer is successfully recalled, the vacancy in the office will be filled by the same means as if that office became vacant for other reasons.