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 Rep-
resentatives.
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 fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all
intents and purposes as part of the Constitution when
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ratified by the legislatures of three-fourths of the several
States:
‘‘ARTICLE —
‘‘SECTION 1. A person may not serve the remainder
of any term as a Senator or Representative if the person
has been recalled from such office pursuant to this article.
‘‘SECTION 2. A person qualified to elect a Senator
or Representative from a State may register with the exec-
utive authority of the State a petition requesting that the
Senator or Representative be recalled. The person may not
register the petition during the 150-day period before, or
the 60-day period after, a general or special election in
which the Senator or Representative is a candidate for
election or reelection to such office. A person qualified to
elect the Senator or Representative may sign the petition
during the 120-day period beginning on the registration
date. Not later than the 1st business day after such pe-
riod, the registrant shall file the petition with the executive
authority.
‘‘SECTION 3. Within 30 days after the date any recall
petition is filed with the executive authority of a State
under this article, the executive authority shall determine
if the petition bears valid signatures in a number not less
than 20 percent of the number of votes legally cast in the
most recent Presidential election by persons who are quali-
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fied to elect the Senator or Representative who the peti-
tion requests to be recalled. On the date of any determina-
tion that a petition bears such number of valid signatures,
the executive authority shall deliver a certified copy of the
petition to the Senator or Representative who the petition
requests to be recalled. Within 7 days after any such de-
termination, the executive authority shall call for a vote
of persons qualified to elect the Senator or Representative
on the question of whether the Senator or Representative
shall be recalled. Such question shall be the only question
posed to such persons during the vote. The vote shall be
held within 30 days after the 60-day period beginning on
the date the executive authority calls for the vote.
‘‘SECTION 4. The executive authority of a State shall
certify the results of any vote taken in the State under
this article. If a majority of the persons who participate
in any such vote choose to recall a Senator or Representa-
tive, the Senator or Representative shall vacate such office
on the date of any such certification. If a majority of the
persons who participate in any such vote choose not to
recall a Senator or Representative, the Senator or Rep-
resentative shall not be recalled during the remainder of
the term of office in which the vote was taken.’’.
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