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.
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 follow-
ing article is proposed as an amendment to the Constitu-
tion 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 with-
in seven years after the date of its submission for ratifica-
tion:
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‘‘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 Govern-
ment.
‘‘SECTION 2. A petition proposing the recall of an
elected official shall be submitted to an officer of the Gov-
ernment 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 nine-month
period ending on the date the petition is submitted to the
officer designated by the Congress. All such signatures
shall be collected within the nine-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
•HJ 105 IH
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 Con-
gress. 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 election for
Member of the House of Representatives which is held at
least sixty days after such direction.
‘‘For the recall of Members of the House of Rep-
resentatives, a special election shall be ordered within sixty
days of the certification of valid signatures on such a peti-
tion.
‘‘SECTION 4. If a recall ballot under this article re-
ceives 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 certifi-
cation 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 said State.
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‘‘SECTION 6. The people in each State voting under
this Article shall have the qualification requisite for elec-
tors 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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