Wednesday, January 11, 2023

Recall -- impossible

Removal is generally initiated by an elected body or official, such as the Legislature or the Governor. A recall is the exception and may be initiated by the voting public to remove any elected official. 


December 24, 1998

 

98-R-1540

RECALL OF MEMBERS OF CONGRESS

 
 

By: Mary M. Janicki, Principal Analyst

You want to know whether voters in a state can recall a member of the United States Congress.

No, they cannot. Any attempt by a state to recall a member of Congress is prohibited by the Federal Constitution. A vacancy in the office of U.S. senator or representative can be created only by the incumbent's death or resignation, the expiration of his term, or some direct action of the body (the Senate or the House of Representatives) which is empowered to expel members (Burton v. U.S. 202 US 344, at 369). There is no constitutional authority to hold a special election that would be required to fill a seat in the event a member was recalled. Article I, section 4 of the Federal Constitution, relating to the time for holding a regular election, and Article XVII of the Amendments on holding a special election only when a vacancy exists combine to preclude an election to replace a member of Congress who had been recalled. Federal constitutional provisions supersede any state recall procedures for these offices.

The details of the argument are included in the attached Brief on the Constitutionality of the Recall of United States Senators and Representatives In Congress, prepared by Hon. Walter F. George, Chairman of the Committee on Privileges and Elections, United States Senate, on May 18, 1935.

As to removal by the recall, the United States Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, or the President or Vice President, and thus no Member of Congress has ever been recalled in the history of the United States.

https://www.everycrsreport.com/reports/RL30016.html






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