IA

104TH CONGRESS

1ST SESSION H. J. RES. 105

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

JULY 26, 1995

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.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with8 in seven years after the date of its submission for ratifica9 tion:
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1 ‘‘ARTICLE —

2 ‘‘SECTION 1. The people shall have the right to recall

3 any person elected by popular vote or the electors of the

4 various States to hold an office of the Federal Govern5 ment.

6 ‘‘SECTION 2. A petition proposing the recall of an

7 elected official shall be submitted to an officer of the Gov8 ernment of the United States whom the Congress shall

9 designate by law. Each petition shall be signed by at least

10 ten percent of the whole number of people voting in a

11 given State or congressional district, who voted in the

12 most recent election for President, or for electors for

13 President, occurring before the date on which the petition

14 is submitted to the officer designated by Congress. All

15 such signatures shall be collected within the nine-month

16 period ending on the date the petition is submitted to the

17 officer designated by the Congress. All such signatures

18 shall be collected within the nine-month period ending on

19 the date the petition is submitted to the officer designated

20 by the Congress.

21 ‘‘Within ninety days after a petition is submitted to

22 the officer designated by the Congress, such officer shall

23 determine the validity of the signatures contained in the

24 petition. If the petition contains the required number of

25 valid signatures, the officer shall certify the petition and
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1 shall direct the chief executive officer in each State to

2 place on a ballot the question of recall before the voters

3 in the State or congressional district for Members of Con4 gress. The Congress shall by law establish procedures for

5 the preparation and submission of any such petition and

6 for the validation of signatures on such petition.

7 ‘‘SECTION 3. For the recall of Members of the Senate

8 the recall election shall be held on the first election for

9 Member of the House of Representatives which is held at

10 least sixty days after such direction.

11 ‘‘For the recall of Members of the House of Rep12 resentatives, a special election shall be ordered within sixty

13 days of the certification of valid signatures on such a peti14 tion.

15 ‘‘SECTION 4. If a recall ballot under this article re16 ceives a majority of the votes cast in either the district

17 or State of Members of Congress, the recall of the said

18 elected official shall take effect immediately upon certifi19 cation of vote results by the chief executive officer of the

20 States.

21 ‘‘SECTION 5. In the event of the removal of a Member

22 of Congress by recall, the chief executive officer of each

23 of the States shall order a special election within the

24 guidelines of the said State.
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1 ‘‘SECTION 6. The people in each State voting under

2 this Article shall have the qualification requisite for elec3 tors of the most numerous branch of the State legislature.

4 The Congress shall by law prescribe the manner in which

5 the results of the voting conducted under this article shall

6 be ascertained and declared.’’.

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