Establishing Recall Elections
in the State of Texas
Texas is one of many states that do not allow Recall Elections, except in
"Home Rule" or
"Charter Cities" and then only limited by the constraints of the city's Charter. With the increase of career politicians who do not effectively represent their constituents and the overwhelming dissatisfaction with the performances of our elected officials, it is time that Texas had a State Recall mandate and law. It is to that end that this article is being written. You are hereby encouraged to work together with me to begin the process that will hold elected officials accountable to the people, not corporations or big donors. Please respond with comments and suggestions that will assist in achieving our intention and I'll gather everything together and send the comments to Donna Howard, State Representative, District 48, Austin, Texas.
Late last year, in 2011, I sent a letter to my State Representative, Donna Howard, District 48, in Austin, Texas, inquiring about how to proceed to alter the Texas Constitution to allow for
ReCall Elections of State Elected officials.
Here is the response I received from the
Honorable Donna Howard, State Representative, District 48, Austin, Texas:
Dear Mr. St.Troy;
Thank you for contacting me with your question about how to change Texas law to allow for recall elections for state and federal officials. You are among the nearly 162,000 people I represent, and I apologize for my delayed response.
You may be aware that the Texas Legislature meets for 140 days at the beginning of each odd-numbered year. Outside that period, we may only convene at the request of the Governor to consider issues that he places on the agenda. So, the Legislature will not meet again until January 2013 unless Governor Perry calls a special session. That means you have plenty of time to plan and think about the type of legislation you would like to see since legislators may not begin filing bills until after the next general election in November 2012.
I usually begin to research my legislative agenda during this interim period between sessions, but I do not finalize my legislative package until after I know whether or not I have won re-election. In the mean-time, I have attached a list of questions that I would consider when deciding what to include in a bill authorizing recall elections. You can also contact my Chief of Staff, Elanor D'Ambrosio, with any other specific questions about the legislative process.
I would also encourage you to contact your Congressman, the Honorable Michael McCaul, with your inquiry, I do not believe that an individual state may pass a law allowing for the recall of a federal official, and his office will be better equipped to explain the steps necessary to enact this type of policy at the federal level. I have included Congressman McCaul's contact information below.
Thank you again for taking the time to share your thoughts with me., If I can be of any further assistance, please do not hesistate to contact my office 512-463-0631.
Sincerely,
Donna Howard
Austin District Office:
5929 Balcones Dr., Ste. 305
Austin, TX 78731
512-473-2357
Washington DC Office:
131 Cannon House Office Building
Washington, DC 20515
202-225-2401
This is the attachment she included with her letter asking questions about creating a recall election for the State of Texas
(My comments are included in Red and have been emailed to the Honorable Donna Howard) :
1. Can the recall election be initiated only on specific grounds - for example, conviction of certain felony offenses - or should the law include some sort of statement indicating that grounds for a recall can be political rather than judicial in nature?
A Recall election can be initiated on grounds of suspicion of illegal acts, constituent disapproval, or any grounds that are reasonable and customary in accordance with state laws.
2. Which elected officials will the recall provision apply to?
The recall provision should apply to ANY elected OR appointed official within City, County or State government, including judiciary representatives.
3. Who should be elgible to sign the recall petition? Should this right be limited only to those who live in the district of the official being recalled? (This would not apply to statewide officials.)
Any Registered Voter within the selected City or County OR any Registered Voter in the State of Texas for State officials.
4. How many signatures should be required on a petition for a recall? Should the number have some relationship to the number of people who actually voted in the last election for the office being recalled, should it relate to the number of people who are registered and elgible to vote for that office, etc.?
A minimum of 20% of Registered Voters should be required to initiate a recall election.
5. How long should the petitioner have to gather signatures and when can a petition be submitted? (This could vary since the house members run every two years and state senators run every four years.)
A petitioner should be granted 3 months to obtain the required number of signatures to be submitted. The recall petition should be allowed to be presented at any time regardless of election year or the time of session.
6. Who will pay for the recall election? The counties in which the recall election is being held or the state?
For City recalls, that city shall be responsible. For County recalls, that County shall be responsible. For State recalls, then the State of Texas shall be responsible. For any recall that affects a City, County and/or State together, then the costs should be allocated proportionately.
7. How will the recall election be conducted? Should the recall election be held simultaneously with the election for a successor? Should the election for a successor be separate? Should the successor be appointed instead of elected?
After the recall has been initiated and the appropriate signatures obtain and the petition submitted to the governing authority, then the successor should be voted for at the same time of the recall election in order to save costs for further elections. A successor should never be appointed.
For a
List of Contacts for Home Rule Cities, please click on the link.
For more information on
Home Rule Charters, please click on the link.
In 1994, the Texas Municipal League published a comprehensive book (authored by Terrell Blodgett) on Texas home rule charters. The recently updated book provides a comprehensive review of the origin, evolution, current status, and analyses regarding the now 351 home rule charters in the state. In addition to tracing the historical development of charters, the book offers a current overview of the application and impact of state and federal laws on writing and amending charters. You can order the book in various formats online by clicking here.
For further reading,
AN ANALYSIS OF TEXAS' MUNICIPAL HOME RULE CHARTERS SINCE 1994 by John V. McDonald
For a
List of Texas State Senators, click on the link.
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