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Question of the Month

January 2008

What states in the Midwest have election recall laws for legislators, and are they used?

Four Midwestern states (Kansas, Michigan, Minnesota and Wisconsin) have constitutional language allowing voters to recall legislators and other state officials. According to the National Conference of State Legislatures, 14 states outside this region allow constituents to replace or remove a state official before the end of his or her term in office.

In many states, these provisions are rarely, if ever, used.

However, some Michigan and Wisconsin legislators have been the subject of recall campaigns over the past few years. Most recently, after the Michigan Legislature voted this fall to raise taxes as part of a plan to balance the state’s nearly $1.8 billion budget deficit, some lawmakers who voted for the increase became targets of a recall push.

In Wisconsin, a state legislator was removed from office in 1996 over his vote in favor of a regional sales tax to fund the Milwaukee Brewers’ new ballpark. Seven years later, another Wisconsin legislator was recalled. His ouster came after votes on the state budget and tribal gaming angered constituents as well as members of his own legislative caucus. A handful of other Wisconsin lawmakers have successfully fended off recall campaigns in recent years.

In 2007, a recall measure was introduced in the Illinois General Assembly. Republican state Sen. Dan Cronin of Elmhurst, the main sponsor of the proposed constitutional amendment (SJRCA 70), says giving people the recall alternative is needed to "truly change the conduct of state government." In particular, he says, voters should have the chance to remove a governor "incapable of governing."

Minnesota was the last state in the Midwest to add a recall provision, with voters there approving a constitutional amendment in 1996. In that state, a recall petition must specify why the state official should be removed from office (serious malfeasance, nonfeasance or conviction of a serious crime) and be vetted by the state Supreme Court. If the justices agree there are grounds for a recall, the petition must be signed by a number equal to 25 percent of the number of votes cast for the affected office in the previous election.

States’ recall laws can vary in a number of ways. Those differences include: the specific grounds, if any, needed to remove someone from office; the number of signatures required to get a recall petition on the ballot; and how and when recall elections are held.

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