Constitutional Amendment - Gives U.S. citizens the right to recall elected federal officials through a petition process provided under this Amendment.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 71 Introduced in House (IH)]
111th CONGRESS
2d Session
H. J. RES. 71
Proposing an amendment to the Constitution of the United States to give
citizens of the United States the right to recall elected officials.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2010
Mr. Hoekstra introduced the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to give
citizens of the United States the right to recall elected officials.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years after the date of its submission for ratification:
``Article--
``Section 1. The people shall have the right to recall any person
elected by popular vote or the electors of the various States to hold
an office of the Federal Government.
``Section 2. A petition proposing the recall of an elected official
shall be submitted to an officer of the Government of the United States
whom the Congress shall designate by law. Each petition shall be signed
by at least ten percent of the whole number of people voting in a given
State or congressional district, who voted in the most recent election
for President, or for electors for President, occurring before the date
on which the petition is submitted to the officer designated by
Congress. All such signatures shall be collected within the six-month
period ending on the date the petition is submitted to the officer
designated by the Congress.
``Within ninety days after a petition is submitted to the officer
designated by the Congress, such officer shall determine the validity
of the signatures contained in the petition. If the petition contains
the required number of valid signatures, the officer shall certify the
petition and shall direct the chief executive officer in each State to
place on a ballot the question of recall before the voters in the State
or congressional district for Members of Congress. The Congress shall
by law establish procedures for the preparation and submission of any
such petition and for the validation of signatures on such petition.
``Section 3. For the recall of Members of the Senate the recall
election shall be held on the first Statewide election for public
office (whether a primary election or a general election) which is held
at least sixty days after the certification of valid signatures on such
a petition.
``For the recall of Members of the House of Representatives, a
recall election shall be held within sixty days of the certification of
valid signatures on such a petition.
``Section 4. If a recall ballot under this article receives a
majority of the votes cast in either the district or State of Members
of Congress, the recall of the said elected official shall take effect
immediately upon certification of vote results by the chief executive
officer of the States.
``Section 5. In the event of the removal of a Member of Congress by
recall, the chief executive officer of each of the States shall order a
special election within the guidelines of the State.
``Section 6. The people in each State voting under this Article
shall have the qualification requisite for electors of the most
numerous branch of the State legislature. The Congress shall by law
prescribe the manner in which the results of the voting conducted under
this article shall be ascertained and declared.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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