A recall election in the state of Wisconsin is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended.
History
In 1911, newly elected Governor Francis E. McGovern laid out his progressive vision for Wisconsin, which included a proposal for a recall.[1] The next week, State Senator Paul O. Husting introduced Senate Joint Resolution 9, which allowed for the recall of every office holder in the state, including both those elected and appointed.[1] Several senators did not like that the recall also applied to judges, and attached an exemption for judges. The bill passed the Senate 20-7.[1] The bill was then passed by the Assembly 64-1.[1]
Since proposed amendments to the Wisconsin Constitution must pass two consecutive legislatures before going to the people for a vote, Husting introduced his bill again on February 11, 1913.[1][2] The bill passed the Senate 26-1, and the Assembly 72-17.[1] The proposed amendment then when to the voters, who, in November 1914, voted it down by a margin of 64 percent to 36 percent.[1]
A second attempt at a recall amendment came in 1923, when Senator Henry Huber introduced Senate Joint Resolution 39, which allowed for the recall of public officials.[1] It passed the Senate 17-12, and the Assembly 60-10.[1] In 1924, Huber was elected Lieutenant Governor of Wisconsin, so the second introduction of the resolution was taken up by Max W. Heck.[1] It passed the Senate 22-8, and the Assembly 70-22.[1] The resolution was scheduled to appear on the November 2, 1926 ballot.
The amendment passed, by a margin of 50.6 percent to 49.4 percent.[1]
In 2011, State Senator Jim Holperin became the first state legislator to be subject to a recall in two different legislative bodies: the Assembly in 1990, and the State Senate in 2011.[10]
In 2012, Governor Scott Walker became the first governor in U.S. history to survive a recall.[11]
Legislation summary
1926 creation
The recall was officially created in November 1926 by constitutional amendment.[12] The rules established in the constitution are:[12]
Voters may petition for the recall of any elected official after the first year of their term
The petition must be signed by voters equal to at least 25 percent of the vote in the last gubernatorial election in the district from which the elected official is to be recalled
A special election will be held between 40 and 45 days from the filing of the petition
The official being recalled will continue to perform their duties until the result of the election is officially declared
Other candidates for the office will be nominated in accordance with normal election rules
The candidate who receives the most votes will serve for the remainder of the term
The name of the elected official who is being recalled will be on the ballot unless they resign within 10 days of the petition being filed
After one successful petition and election, no other recall attempts can be made for the remainder of the term
1981 amendment
In 1981, the constitution was amended, which changed the rules for recalls.[12] This amendment changed the rules, which follow:[12]
Voters may petition for the recall of any elected official after the first year of their term
The petition must be signed by voters equal to at least 25 percent of the vote in the last gubernatorial election in the district from which the elected official is to be recalled
A special election will be held on the Tuesday six weeks after the petition is filed, or the next Tuesday if that day is a holiday
The official being recalled will continue to perform their duties until the result of the election is officially declared
Other candidates for the office will be nominated in accordance with normal election rules
If more than two people run for a nonpartisan office, or if more than two people run in the same political party for a partisan office, a recall primary will be held
In the case of a recall primary, the date above will be used, and the general election will be held on the Tuesday four weeks after the primary
The name of the elected official who is being recalled will be on the ballot unless they resign within 10 days of the petition being filed
After one successful petition and election, no other recall attempts can be made for the remainder of the term
2002 recall of multiple Milwaukee County, Wisconsin, elected county officials including Executive F. Thomas Ament (resigned before election); Board Chair Karen Ordinans; and Board Supervisors Penny Podell, LeAnn Launstein, David Jasenski, Kathy Arciszewski, James McGuigan, and Linda Ryan. All were recalled due to a retirement pension controversy.[18]
^"Lawyers Unite Against Recall". Milwaukee Sentinel. Milwaukee, Wisconsin. October 26, 1926.
^"Vote 'No' on Recall, Bar Advises". Milwaukee Sentinel. Milwaukee, Wisconsin. October 28, 1926.
^"Prelate Also Opposes Recall of Judges: Clergyman Calls Proposed Amendment 'Dangerous Move that Threatens Stability of Courts'". Milwaukee Sentinel. Milwaukee, Wisconsin. October 31, 1926.
^"On, Wisconsin: The Recall". Milwaukee Journal. Milwaukee, Wisconsin. October 31, 1926.
^"Judicial Recall". Wisconsin State Journal. Madison, Wisconsin. October 29, 2016.
^Straus, Leo (October 31, 2016). "News of Interest to Madison Labor". Wisconsin State Journal. Madison, Wisconsin.
^"La Follette, in Statement, Urges Support of Amendment and Election of Blaine". Wisconsin State Journal. Madison, Wisconsin. October 29, 1926.