IA

103D CONGRESS

1ST SESSION H. J. RES. 109

Proposing an amendment to the Constitution of the United States providing

for the recall of Senators and Representatives.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. PAXON 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 providing for the recall of Senators and Representatives.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when
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1 ratified by the legislatures of three-fourths of the several

2 States:

3 ‘‘ARTICLE—

4 ‘‘SECTION 1. A person may not serve the remainder

5 of any term as a Senator or Representative if the person

6 has been recalled from such office pursuant to this article.

7 ‘‘SECTION 2. A person qualified to elect a Senator

8 or Representative from a State may register with the exec9 utive authority of the State a petition requesting that the

10 Senator or Representative be recalled. The person may not

11 register the petition during the 150-day period before, or

12 the 60-day period after, a general or special election in

13 which the Senator or Representative is a candidate for

14 election or reelection to such office. A person qualified to

15 elect the Senator or Representative may sign the petition

16 during the 120-day period beginning on the registration

17 date. Not later than the 1st business day after such pe18 riod, the registrant shall file the petition with the executive

19 authority.

20 ‘‘SECTION 3. Within 30 days after the date any recall

21 petition is filed with the executive authority of a State

22 under this article, the executive authority shall determine

23 if the petition bears valid signatures in a number not less

24 than 20 percent of the number of votes legally cast in the

25 most recent Presidential election by persons who are quali-
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1 fied to elect the Senator or Representative who the peti2 tion requests to be recalled. On the date of any determina3 tion that a petition bears such number of valid signatures,

4 the executive authority shall deliver a certified copy of the

5 petition to the Senator or Representative who the petition

6 requests to be recalled. Within 7 days after any such de7 termination, the executive authority shall call for a vote

8 of persons qualified to elect the Senator or Representative

9 on the question of whether the Senator or Representative

10 shall be recalled. Such question shall be the only question

11 posed to such persons during the vote. The vote shall be

12 held within 30 days after the 60-day period beginning on

13 the date the executive authority calls for the vote.

14 ‘‘SECTION 4. The executive authority of a State shall

15 certify the results of any vote taken in the State under

16 this article. If a majority of the persons who participate

17 in any such vote choose to recall a Senator or Representa18 tive, the Senator or Representative shall vacate such office

19 on the date of any such certification. If a majority of the

20 persons who participate in any such vote choose not to

21 recall a Senator or Representative, the Senator or Rep22 resentative shall not be recalled during the remainder of

23 the term of office in which the vote was taken.’’.

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