what is the kansas law for recalling a governor and state attorney general?

by Elna Jacobi 4 min read

Can a Virginia state legislator or governor be recalled?

Feb 11, 2022 · Following recent wind and wildfire damage across large swaths of the state, Kansas Attorney General Derek Schmidt is urging local residents to proceed with caution to avoid scams by fraudulent contractors. Learn about the 47 Kansans who have served as attorney general, from the territorial period through present day.

What was the last state to recall a state governor?

Governor/Lieutenant Governor Secretary of State Attorney General State Treasurer Commissioner of Insurance One U.S. Senator (except in 2030, 2042, 2058, etc.) All 4 U.S. House of Representatives members All 125 Kansas House of Representatives members State Board of Education Districts 1,3,5,7,9

What is the recall process for state officials?

Jul 06, 2021 · Kansas State Sen. Kellie Warren announced Tuesday she is running for attorney general, making her the first Republican to challenge former Secretary of State Kris Kobach in next year’s GOP primary.

Who is subject to recall under the California Recall Law?

Mar 07, 2020 · In 1970, he was elected attorney general of Kansas. Traditionally, the attorney general is primarily concerned with managerial duties: ensuring that state laws are enforced through memos and ...

Can a US governor be recalled?

Only two governors have ever been successfully recalled. In 1921, Governor Lynn Frazier of North Dakota was recalled during a dispute about state-owned industries. In 2003, Governor Gray Davis of California was recalled over the state budget.

Can a state recall a senator?

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.

Can a governor appoint a senator?

If a vacancy occurs due to a senator's death, resignation, or expulsion, the Seventeenth Amendment allows state legislatures to empower the governor to appoint a replacement to complete the term or to hold office until a special election can take place.

Who has the power to expel senators from office?

Article I, section 5 of the United States Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member."

How many states allow recall of elected officials?

Recall of local officials. There are 39 states that allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to home rule provisions.

What is the process of recall?

Recall is a process by which citizens may remove elected officials from their positions before the end of their term. It should not be confused with the legislative process of removing officials called impeachment. It should also not be confused with retention elections held in some states for members of the judiciary.

Which state has the authority to investigate a felony?

Rhode Island. Authorized in the case of a general officer who has been indicted or informed against for a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation of the code of ethics has been made by the ethics commission ( Article IV, §1, Rhode Island Constitution ) South Dakota.

Can a state be recalled in Virginia?

Virginia is the only state to use this process. Virginia laws clearly state local officials can be recalled.

Can an elected official be recalled?

In some states that allow recall, a recall can only occur under certain circumstances. An example of this is Georgia, where an elected official may only be recalled under the circumstances of "an act of malfeasance or misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing, converting, or misappropriating, without authority, public property or public funds entrusted to or associated with the elective office to which the official has been elected or appointed."

What is the law that requires a recall petition to be factually stated?

In 2012, Michigan passed a law requiring that a recall petition must clearly and factually state the reason (s) for the recall, which must be based on the elected official's conduct during his or her term of office (M.C.L. §168.951A).

How to file a recall petition?

2. Circulate a recall petition and gather a specified number of signatures in a specified period of time ( view the detailed petitioning requirements ).

What states have recall ballots?

In fact, in Arizona, Michigan, North Dakota and Wisconsin, the name of the official being recalled is automatically placed on the recall ballot for reelection unless the official resigns from office. In the remaining 12 states, the recall ballot contains only the question of whether the official should be recalled.

What is a recall election?

Recall is a procedure that allows citizens to remove and replace a public official before the official’s term of office ends. Historically, recall has been used most frequently at the local level. By some estimates, three-fourths of recall elections are at the city council or school board level.

How many states allow recalls?

In the 19 states that allow recall elections, citizens can attempt to remove an elected official from office at any time. Typically, the recall process consists of gathering a certain amount of signatures on a petition in a certain amount of time. Beyond this, details of the recall process vary by state.

What is the role of the lower chamber in impeachment?

Impeachment typically requires a state legislature’s lower chamber to bring specific charges, and the upper chamber to act as the jury in an impeachment trial. In contrast, in most of the 19 recall states specific grounds for recall are not required, and the recall of a state official is accomplished through an election.

When did the recall start?

The recall device began in the United States in a municipality—Los Angeles—in 1903 . Michigan and Oregon, in 1908, were the first states to adopt recall procedures for state officials. Minnesota (1996) and New Jersey (1993) were the most recent.

What are the grounds for recall?

The grounds for recall are: (1) conviction of a felony, (2) misconduct in office, and (3) failure to perform duties prescribed by law. “Misconduct in office” is defined as a violation of law by the officer that impacts the officer’s ability to perform the official duties of the office.

How old do you have to be to be a poll agent in Kansas?

Also, individuals 14 to 17 years old may be appointed poll agents if they meet all other requirements of an elector (U.S. citizenship, residency).

How often is the US census conducted?

Every 10 years, the United States Census Bureau conducts a count of every person currently residing in the United States. The purpose of the census is to collect accurate, reliable data that may be used by national, state and local governments to distribute billions of dollars in federal funds, to determine the number of members each state is entitled to in the U.S. House of Representatives, and to provide population counts for use in redrawing congressional and state legislative district boundaries.

What is advisory election?

An advisory election is an election at which the views of a particular electorate are solicited through the balloting process with respect to a specific issue or question, and the expression of such views has no binding effect upon the governing body soliciting such opinion. [Blevin v. Board of Douglas County Commissioners, 251 Kan. 374, 383 (1992), quoted in Attorney General Opinion 94-106]

Why do we need a signature?

Many political actions require a signature. A signature is the basis for the security of the ballot and for determining whether people are who they say they are. Election officials, including election board workers in some cases, may need to determine whether a signature is valid.

Why do people vote early in Kansas?

Kansas is one of a growing number of states that have adopted early voting systems to encourage higher voter turnout and to make voting more convenient and accessible . The law, adopted in 1995, refers to early voting in Kansas as advance voting. The plan for advance voting was developed as a “no-excuse absentee” system, meaning the existing absentee voting system was simply expanded to allow any registered voter to choose to vote before election day, whereas under the old absentee voting system they had to specify a reason for voting early: absence from the county on election day, sickness or disability, or religious belief or practice. [KSA 25-1119(a)]

How old do you have to be to be on the election board?

The county election officer is authorized to appoint persons who are at least 16 years of age to work on each election board. Any such teenage board workers must possess the other qualifications of being registered voters except age and have a letter of recommendation from a school teacher, counselor, or administrator. No more than 1/3 of the persons appointed to each election board may be under the age of 18. It is recommended that teenage board workers be appointed based on an informal agreement between the county election officer and school officials, ensuring that the teenage volunteers are in good academic standing at school. Some schools have allowed students to receive credit on classroom projects for their work on election day. Each county decides whether or not to pay the students. [KSA 25-2804(b)]

Who is running for attorney general in Kansas?

Kansas State Sen. Kellie Warren announced Tuesday she is running for attorney general, making her the first Republican to challenge former Secretary of State Kris Kobach in next year’s GOP primary.

Who endorsed Kobach?

Senate. He announced Tuesday he’d been endorsed by former U.S. Attorney General John Ashcroft. In a statement Kobach’s spokesperson, Casey Burns, attacked Warren’s legal credentials, which focus on property law. “If there is a less relevant legal background for ...

Who rebutted Kobach's attack?

Warren’s campaign consultant, Jared Suhn, rebutted Kobach’s attack saying that Warren had “led the charge” on the “most consequential conservative reforms in Kansas.”. “She has accomplished more for Kansans in three years in the legislature than Kris Kobach has done as a failed career politician and unsuccessful attorney,” Suhn said. ...

When did Katie join the Star?

She joined the Star as a breaking news reporter in May of 2019 before moving to the politics team in December 2020. Katie studied journalism and political science at the University of Kansas.

Who is Elizabeth Warren?

Warren, 52, a first-year senator from Leawood and chair of the Senate Judiciary Committee, pointed to her record promoting a constitutional amendment that would allow limits on abortion rights and changes to emergency management laws.

Where did the Attorney General raid the University of Kansas?

Within his first few weeks in office, the newly-minted attorney general directed and personally executed raids at the University of Kansas in Lawrence. Susan Hudgens, who now lives outside of Topeka, says she witnessed one of those raids when she cruised into Lawrence with her friends.

When did Vern Miller run for attorney general?

Kansas State Historical Society, Copy and Reuse Restrictions Apply. Vern Miller was convinced to run for Kansas attorney general in 1970. In 1970, he was elected attorney general of Kansas.

What was Vern Miller known for?

Kansas’s 36th attorney general was infamous for popping out of trunks, inciting gunfights on buses, and going toe-to-toe with other lawmen and politicians. It was this unabashed, brash approach to law enforcement that earned Vern Miller the nickname "Lawman of the State.".

When did Miller get an honor?

Miller also received an honor from the Kansas Bar Association. Meanwhile, Kansans voted in a referendum in 1986 to change the state constitution to allow liquor sales by the drink, paving the way for bars and restaurants to openly serve alcohol in the state.

How many votes did Miller lose to Bennett?

“I have never seen a poll that favorable to a candidate.”. Regardless of the polls, Miller lost the governor’s seat to Republican Robert Bennett by only 3,677 votes.

What did the Supreme Court rule about Amtrak?

The incident resulted in a lawsuit that Amtrak took all the way to the Supreme Court, which ruled that the Constitution gives states the power to regulate alcohol consumption. Miller says lawyers for airline companies began asking how he would enforce the state’s alcohol laws on airplanes.

Did Kansas have a prohibition drinking law?

“They like to play bingo.”. With a long history as a prohibition state, Kansas still had restrictive drinking laws at the time, which prevented the sale of liquor by the drink.

Recall Process

  • Grounds for recall
    In Kansas, the specific grounds for the recall of state officers are defined as follows: 1. 1.1. conviction for a felony, 1.2. misconduct in office, 1.3. failure to perform duties prescribed by law. No recall election - once held - can be made void due to the insufficiency of the grounds, applica…
See more on ballotpedia.org

Application For Intent to Recall

  • An application to recall an officer cannot be filed within the first 120 days or the last 200 days of the official's term.
See more on ballotpedia.org

Contact Information

  • Kansas Secretary of State Memorial Hall, 1st Floor 120 SW 10th Avenue Topeka, KS 66612-1594 (785) 296-4561 Email: [email protected]
See more on ballotpedia.org

External Links

  1. Kansas Statutes,"Chapter 25, Article 43: Recall Of Elected Officials"
  2. Kansas Secretary of State,"Election Standards, Chapter II. Election Administration"
  3. NCSL,"Recall of local officials" and "state officials"
See more on ballotpedia.org

Background

  • Recall is a process by which citizens may remove elected officials from their positions before the end of their term. It should not be confused with the legislative process of removing officials called impeachment. It should also not be confused with retention electionsheld in some states for members of the judiciary.
See more on ballotpedia.org

Recall Election of State Officials

  • There are provisions for recalls elections of state officers in 19 states. The process begins with a petition drive and end with an election. States that allow recall elections of state officials:
See more on ballotpedia.org

State Officials That Can Be Recalled

  • The following table indicates which elected state officials (in general) can be recalled based on state law.
See more on ballotpedia.org

Specific Provisions For State Officer Recalls

  • The following table indicates some basic information regarding laws governing recall laws on state officers.
See more on ballotpedia.org

Choosing A Successor

  • There are four general methods used to choose a successor for a position as a result of a recall election. Simultaneous Election— The (potential) successor is chosen on the same ballot. This is used in: Separate Special Election— The successor is chosen in a special election following the recall election. This is used in: Appointment— The successor is appointed. This is used in: Auto…
See more on ballotpedia.org

Recall of Local Officials

  • There are 40 states that allow for recall of local elected officials. This may only apply in limited situations in some states, which is generally listed below. Other states not listed may also have limited local recall due to home ruleprovisions. In those cases, the states allow cities and counties to adopt their own charters, which could then provide for local recall, even if no other city or cou…
See more on ballotpedia.org

Recall of Federal Officials

  • The United States Constitution does not provide for recall of any elected federal official. The option was considered during the drafting of the document in 1787, but was not included in the final version. Some state constitutions have stated the right of citizens to recall their members of the United States Congress, but whether it is constitutionally legal at the federal level has not be…
See more on ballotpedia.org

Whether Grounds Are Required

  • In some states that allow recall, a recall can only occur under certain circumstances. An example of this is Georgia, where an elected official may only be recalled under the circumstances of "an act of malfeasance or misconduct while in office, violation of the oath of office, failure to perform duties prescribed by law, or willfully misusing, converting, or misappropriating, without authority…
See more on ballotpedia.org

External Links

  • All: 1. The Recall Elections Blog State: 1. Recall of State Officials (National Conference of State Legislatures) 2. "State Recall Provisions" (The Book of the States 2013) Local: 1. Recall provisions governing local officials (National Conference of State Legislatures) Federal: 1. Recall of Legislators and the Removal of Members of Congress from Office (Congressional Research Ser…
See more on ballotpedia.org

How The Recall Process Works

  • The recall process varies in its details from one state to another, but in general, recall campaigns follow these steps: 1. File an application to circulate a recall petition (some states allow petitions only if they contain certain grounds for recall). 2. Circulate a recall petition and gather a specified number of signatures in a specified period of time (view the detailed petitioning requirements)
See more on ncsl.org

Grounds For Recall

  • In most of the recall states, any registered voter can begin a recall campaign for any reason. The language in Michigan's constitution is typical of most states: “The sufficiency of any statement of reasons or grounds ... shall be a political rather than a judicial question.” (Const. Art. II §8) Indeed, recall campaigns are often politically motivated. For example, in 2011, Republican senators in W…
See more on ncsl.org

Circulating A Recall Petition

  • The recall process is similar to the ballot initiative process in that it requires the submission of citizen petitions. The number of signatures necessary to trigger a recall election, however, is often significantly higher than the number required for ballot initiatives. The required number of signatures is generally equal to a percentage of the vote in the last election for the office in ques…
See more on ncsl.org

The Recall Election

  • In seven states, the election for a successor is held simultaneously with the recall election. In California and Colorado, the ballot includes two questions. The first question is whether the official should be recalled. Voters are then asked to vote for a candidate for the office. The official who is the subject of the recall may not be among the listed candidates. If a majority votes "yes" …
See more on ncsl.org