Laws governing recall in Washington

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The citizens of Washington are granted the authority to perform a recall election by Sections 33 and 34 of Article I of the Washington State Constitution to all elective officers of the state of Washington except judges of courts of record.[1]

As of 2010, Washington was one of nine states with provisions that said that the right of recall extends to recalling members of its federal congressional delegation, but it was not clear whether federal courts would allow states to actually recall their federal politicians.[2]

Grounds for recall

See also: States where grounds are required for a recall

Article I, §33 of the Washington Constitution states that a recall can only occur if the targeted public official has "committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office."[1]

The Revised Code of Washington states the following on initiating a recall against an elected official:[3]

Initiating proceedings—Statement—Contents—Verification—Definitions.

Whenever any legal voter of the state or of any political subdivision thereof, either individually or on behalf of an organization, desires to demand the recall and discharge of any elective public officer of the state or of such political subdivision, as the case may be, under the provisions of sections 33 and 34 of Article 1 of the Constitution, the voter shall prepare a typewritten charge, reciting that such officer, naming him or her and giving the title of the office, has committed an act or acts of malfeasance, or an act or acts of misfeasance while in office, or has violated the oath of office, or has been guilty of any two or more of the acts specified in the Constitution as grounds for recall. The charge shall state the act or acts complained of in concise language, give a detailed description including the approximate date, location, and nature of each act complained of, be signed by the person or persons making the charge, give their respective post office addresses, and be verified under oath that the person or persons believe the charge or charges to be true and have knowledge of the alleged facts upon which the stated grounds for recall are based.

For the purposes of this chapter:
(1) "Misfeasance" or "malfeasance" in office means any wrongful conduct that affects, interrupts, or interferes with the performance of official duty;
(a) Additionally, "misfeasance" in office means the performance of a duty in an improper manner; and
(b) Additionally, "malfeasance" in office means the commission of an unlawful act;
(2) "Violation of the oath of office" means the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.[4]

Signature requirement

Can you recall a federal official?
The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level.
Read Ballotpedia's explanation »
Main article: Washington signature requirements

A petition for recall must include a specified number of valid signatures from registered voters determined as a percentage of total votes cast for all candidates who ran for the office in the most recent election contest. This amounts to:[5]

(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of forty thousand or more—signatures of legal voters equal to twenty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.
(2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative—signatures of legal voters equal to thirty-five percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.[4]

Supporters trying to recall a statewide elected official must turn in signatures within 270 days. The recall campaigns for non-statewide officials have 180 days to turn in signatures.[6]

How vacancies are filled

Governor

Article III, §10 of the Washington Constitution states, "In case of the removal, resignation, death or disability of the governor, the duties of the office shall devolve upon the lieutenant governor; and in case of a vacancy in both the offices of governor and lieutenant governor, the duties of the governor shall devolve upon the secretary of state"

Legislature and county offices

Article II, §15 of the Washington Constitution states, "Such vacancies as may occur in either house of the legislature or in any partisan county elective office shall be filled by appointment by the county legislative authority of the county in which the vacancy occurs."

Historical recalls

Contact information

Washington State Elections Division
520 Union Avenue SE
PO Box 40229
Olympia, WA 98504-0229
Phone: 360.902.4180

See also

External links

Footnotes