词条 | Recall election |
释义 |
A recall election (also called a recall referendum or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a direct vote before that official's term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to ancient Athenian democracy[1] and feature in several current constitutions. In indirect or representative democracy, people's representatives are elected and these representatives rule for a specific period of time. However, where the facility to recall exists, should any representative come to be perceived as not properly discharging their responsibilities, then they can be called back with the written request of specific number or proportion of voters. ArgentinaThe recall referendum arrived in Latin America shortly after its introduction at the US subnational level, in 1923 and 1933, to Cordoba and Entre Ríos provinces, respectively, both in Argentina. There, recall exists at the provincial level in Chaco (introduced in 1957), Chubut (1994), Córdoba (1923, 1987), Corrientes (1960), La Rioja (1986), Rio Negro (1988), Santiago del Estero and Tierra del Fuego (1991); other provinces include it for their municipalities, namely, Entre Ríos (1933), Neuquén (1957), Misiones (1958), San Juan (1986), San Luis (1987). It is also included in Buenos Aires City (1996).[2] CanadaBritish ColumbiaIn 1995, the Legislative Assembly of British Columbia enacted representative recall. In the province of British Columbia, voters in a provincial riding can petition to have their representative in parliament removed from office, even if that MLA is also the premier. (Holding a seat in the legislature is not constitutionally necessary to be premier, however.) If enough registered voters sign the petition, the speaker of the legislature announces in parliament that the member has been recalled and the lieutenant governor drops the writ for a by-election as soon as possible, giving voters the opportunity to replace the politician in question. By January 2003, 22 recall efforts had been launched. No-one has been recalled so far, but one representative, Paul Reitsma, resigned in 1998 when it looked as if the petition to recall him would have enough signatures to spur a recall election. Reitsma resigned during the secondary verification stage and the recall count ended.{{Citation needed|date=April 2010}} Nova ScotiaIn Nova Scotia, the Atlantica Party campaigned for a recall in the 2017 provincial election.{{citation needed|date=November 2018}} ColombiaIn Colombia, the recall referendum was included by the constitution in 1991. The constitutional replacement was launched as an answer to the movement known as la séptima papeleta (the seventh ballot), which requested a constitutional reform to end violence, narcoterrorism, corruption and increasing citizenship apathy. The definition of recall referendum in relation to programmatic vote was approved. It obliges candidates running for office to register a government plan which is later on considered to activate the recall. Since the time the mechanism was regulated by Law 134 in 1994, until 2015, 161 attempts led 41 referendums and none of them succeeded since the threshold of participation was not reached. In 2015, a new law (303/2015) reduced the number of signatures required to activate a recall referendum (from 40 per cent to 30 per cent of the total of votes obtained by the elected authority) and the threshold (dropping from the 50 per cent to the 40 per cent of valid votes on the day of the elections of the challenged authority). The change in the regulation, also quickening the registration of promoters, led to a considerable increase in the number of attempts.[3] LatviaArticle 14 of the Constitution of Latvia enables the recall of the entire Saiema, though not of specific representatives: Article 14: Not less than one tenth of electors has the right to initiate a national referendum regarding recalling of the Saeima. If the majority of voters and at least two thirds of the number of the voters who participated in the last elections of the Saeima vote in the national referendum regarding recalling of the Saeima, then the Saeima shall be deemed recalled. The right to initiate a national referendum regarding recalling of the Saeima may not be exercised one year after the convening of the Saeima and one year before the end of the term of office of the Saeima, during the last six months of the term of office of the President, as well as earlier than six months after the previous national referendum regarding recalling of the Saeima. The electors may not recall any individual member of the Saeima. New ZealandEarly policies of the New Zealand Labour Party included support for "the recall".[4][5] PhilippinesArticle 10 of the constitution of the Philippines allows for the recall of local officials. The Local Government Code, as amended, enabled the provisions of the constitution to be applied. Elected officials from provincial governors to the barangay councilors are allowed to be recalled. At least 25% of the electorate in a specific place must have their signatures verified in a petition in order for the recall to take place.[6] The president, vice president, members of Congress, and the elected officials of the Autonomous Region in Muslim Mindanao cannot be removed via recall. The last recall election above the barangay level was the 2015 Puerto Princesa mayoral recall election. PeruRecall regulations were introduced in Peru by the Democratic Constituent Congress (Congreso Constituyente Democrático) which drafted a new constitution after Alberto Fujimori's autogolpe in 1992. Between 1997 and 2013, more than 5000 recall referendums were activated against democratically elected authorities from 747 Peruvian municipalities (45.5% of all municipalities). This makes Peru the world's most intensive user of this mechanism.[7] SwitzerlandWhile recalls are not provided for at the federal level in Switzerland, six cantons allow them:[8][9]
The possibility of recall referendums (together with the popular election of executives, the initiative and the legislative referendum) was introduced into several cantonal constitutions after the 1860s in the course of a broad movement for democratic reform. The instrument has never been of any practical importance—the few attempts at recall so far have failed, usually because the required number of signatures was not collected—and it was abolished in the course of constitutional revisions in Aargau (1980), Baselland (1984) and Lucerne (2007). The only successful recall so far happened in the Canton of Aargau in the year 1862. However, the possibility of recalling municipal executives was newly introduced in Ticino in 2011, with 59% of voters in favor, as a reaction to the perceived problem of squabbling and dysfunctional municipal governments.[8] TaiwanIn Taiwan, according to the Additional Articles of the Constitution of the Republic of China, the recall of the president or the vice president shall be initiated upon the proposal of one-fourth of all members of the Legislative Yuan, and also passed by two-thirds of all the members. The final recall must be passed by more than one-half of the valid ballots in a vote in which more than one-half of the electorate in the free area of the Republic of China takes part. UkraineA year after the 2015 Ukrainian local elections, voters can achieve a recall election of an elected deputy or mayor if as many signatures as voters are collected.[10] United Kingdom{{Main|Recall of MPs Act 2015}}The Recall of MPs Act 2015 (c. 25) is an Act of the Parliament of the United Kingdom that made provision for constituents to be able to recall their Member of Parliament and call a by-election. It received Royal Assent on 26 March 2015 after being introduced on 11 September 2014.[11][12] United StatesRecall first appeared in Colonial America in the laws of the General Court of the Massachusetts Bay Colony in 1631.[13] This version of the recall involved one elected body removing another official. During the American Revolution, the Articles of Confederation stipulated that state legislatures might recall delegates from the Continental Congress.[14] According to New York Delegate John Lansing, the power was never exercised by any state. The Virginia Plan, issued at the outset of the Philadelphia Convention of 1787, proposed to pair recall with rotation in office and to apply these dual principles to the lower house of the national legislature. The recall was rejected by the Constitutional Convention. However, the anti-Federalists used the lack of recall provision as a weapon in the ratification debates. Several states proposed adopting a recall for US senators in the years immediately following the adoption of the Constitution. However, it did not pass. Only two governors have ever been successfully recalled. In 1921, Governor Lynn Frazier of North Dakota was recalled during a dispute about state-owned industries. In 2003, Governor Gray Davis of California was recalled over the state budget. Additionally, in 1988, a recall was approved against Governor Evan Mecham of Arizona,[15] but he was impeached and convicted before it got on the ballot.[16] In Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, and Washington, specific grounds are required for a recall. Some form of malfeasance or misconduct while in office must be identified by the petitioners. The target may choose to dispute the validity of the grounds in court, and a court then judges whether the allegations in the petition rise to a level where a recall is necessary. In the November 2010 general election, Illinois passed a referendum to amend the state constitution to allow a recall of the state's governor, in light of former Governor Rod Blagojevich's corruption scandal. In the other eleven states that permit statewide recall, no grounds are required and recall petitions may be circulated for any reason. However, the target is permitted to submit responses to the stated reasons for recall. The minimum number of signatures to qualify a recall, and the time limit to do so, vary among the states. In addition, the handling of recalls, once they qualify, differs. In some states a recall triggers a simultaneous special election, where the vote on the recall, as well as the vote on the replacement if the recall succeeds, are on the same ballot. In the 2003 California recall election, over 100 candidates appeared on the replacement portion of the ballot. In other states, a separate special election is held after the target is recalled, or a replacement is appointed by the Governor or some other state authority. 2011 recallsIn 2011, there were at least 150 recall elections in the United States. Of these, 75 officials were recalled, and nine officials resigned under threat of recall. Recalls were held in 17 states in 73 different jurisdictions. Michigan had the most recalls (at least 30). The year set a record for number of state legislator recall elections (11 elections) beating the previous one-year high (three elections). Three jurisdictions adopted the recall in 2011.[17] Of recall elections, 52 were for city council, 30 were for mayor, 17 were for school board, 11 were for state legislators, and one was for a prosecuting attorney (York County, Nebraska). The largest municipality to hold a recall was Miami-Dade County, Florida, for mayor.[17] The busiest day was November 8 (Election Day) with 26 recalls. In 34 jurisdictions, recalls were held over multiple days.[17] Successful recalls
Unsuccessful recalls
Note: Wisconsin's Jim Holperin has the distinction of being the only U.S. politician to have been subjected to recall from service in two different legislative bodies: the Wisconsin State Assembly in 1990 and the Wisconsin State Senate in 2011. Both attempts were unsuccessful.[45] Unsuccessful attempts to qualify recall elections
VenezuelaArticle 72 of the Constitution of Venezuela enables the recall of any elected representative, including the President. This provision was used in the Venezuelan recall referendum, 2004, which attempted to remove President Hugo Chavez: Article 72: All [...] offices filled by popular vote are subject to revocation. Once one-half of the term of office to which an official has been elected has elapsed, a number of voters representing at least 20% of the registered voters in the affected constituency may petition for the calling of a referendum to revoke that official's mandate. When a number of voters equal to or greater than the number of those who elected the official vote in favour of the recall, provided that a number of voters equal to or greater than 25% of the total number of registered voters vote in the recall referendum, the official's mandate shall be deemed revoked and immediate action shall be taken to fill the permanent vacancy as provided for by this Constitution and by law. See also
Bibliography
References1. ^Aristotle, Constitution of Athens 43.4 {{DEFAULTSORT:Recall Election}}2. ^Welp, Yanina (2018) "Recall referendum around the world: origins, institutional designs and current debates", in Morel, Laurence & Qvortrup, Matt. Compendium on Direct Democracy. Routledge. 3. ^{{Cite journal | doi=10.1080/13510347.2017.1421176|title = Playing by the rules of the game: Partisan use of recall referendums in Colombia| journal=Democratization| volume=25| issue=8| pages=1379–1396|year = 2018|last1 = Welp|first1 = Yanina| last2=Milanese| first2=Juan Pablo}} 4. ^{{cite book | last1 = Gustafson | first1 = Barry | author-link1 = Barry Gustafson | title = Labour's Path to Political Independence: Origins and Establishment of the New Zealand Labour Party, 1900-19 | url = https://books.google.com/books?id=YNVaAwAAQBAJ | series = EBL ebooks online | publisher = Auckland University Press | date = 2013 | page = | isbn = 9781869405199 | access-date = 17 Feb 2019 | quote = The 1914 election was fought primarily on the issues of the cost of living and the reform Government's handling of the 1913 strike. [...] Other questions [...] also unduly preoccupied the Labour candidates: constitutional matters, for example, such as proportional representation, the initiative, the abolition of the country quota, the referendum, and the recall of MPs.}} 5. ^[https://paperspast.natlib.govt.nz/newspapers/ESD19161031.2.68?query=hero%20bodies Proposed platform], 1916. 6. ^{{cite news|last1=Bueza|first1=Michael|title=Fast Facts: The recall process|url=https://www.rappler.com/newsbreak/iq/70044-fast-facts-process-recall|accessdate=5 February 2018|work=Rappler|date=2014-10-14|language=en}} 7. ^{{Cite journal | doi=10.1080/13510347.2015.1060222|title = Recall referendums in Peruvian municipalities: A political weapon for bad losers or an instrument of accountability?| journal=Democratization| volume=23| issue=7| pages=1162–1179|year = 2016|last1 = Welp|first1 = Yanina}} 8. ^1 {{cite news|last=Jankovsky|first=Peter|title=Der Versuch, eine Exekutive zu stoppen|newspaper=Neue Zürcher Zeitung|date=22 March 2011}} 9. ^Uwe Serd ült (2015) THE HISTORY OF A DORMANT INSTITUTION: LEGAL NORMS AND THE PRACTICE OF RECALL IN SWITZERLAND, Representation, 51:2, 161-172, DOI: 10.1080/00344893.2015.1056219 10. ^Local vote, global implications, Business Ukraine (1 October 2015) Poroshenko responds to petition on recalling MPs, UNIAN (16 October 2015) What the new Local Elections Law changed?, Ukrainian Crisis Media Center (8 September 2014) 11. ^{{cite web|title=Bill stages — Recall of MPs Act 2015|url=http://services.parliament.uk/bills/2014-15/recallofmps/stages.html|publisher=Parliament of the United Kingdom|accessdate=23 May 2015}} 12. ^{{cite web|title=Recall of MPs Act 2015 - Legislation PDF|url=http://www.legislation.gov.uk/ukpga/2015/25/pdfs/ukpga_20150025_en.pdf|publisher=The Stationery Office|accessdate=23 May 2015}} 13. ^Joshua Spivak, History News Network, http://hnn.us/articles/1660.html 14. ^Article V of the Articles of Confederation provided, "a power reserved to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year." 15. ^{{cite book |last=Watkins |first=Ronald J.|title=High Crimes and Misdemeanors : The Term and Trials of Former Governor Evan Mecham|publisher=William Morrow & Co |location=New York |year=1990 |isbn=978-0-688-09051-7|pages=194–195, 274}} 16. ^{{cite news |url=https://www.nytimes.com/1988/04/13/us/arizona-s-supreme-court-blocks-a-special-gubernatorial-election.html |title=Arizona's Supreme Court Blocks A Special Gubernatorial Election |pages=A20:1 |work=The New York Times |date=April 13, 1988}} 17. ^1 2 {{Cite web | url=http://recallelections.blogspot.com/2011/12/year-in-recalls-150-recalls-in-2011.html | title=The Recall Elections Blog: The Year in Recalls -- 151 Recalls in 2011 (edited to add another recall)| date=2011-12-27}} 18. ^Burton J. Hendrick, "The 'Recall' in Seattle', McClure's, October 1911, p. 647–663. 19. ^1 {{cite news|title=California's 1st judicial recall in 86 years to come before voters in Santa Clara County|first=Tracey|last=Kaplan|location=San Jose, California|work=The Mercury News|date=February 6, 2018|accessdate=June 5, 2018|url=https://www.mercurynews.com/2018/02/06/5045019/}} 20. ^{{cite web|url=http://www.idahohistory.net/Reference%20Series/0047.pdf |title=Idaho State Historical Society Reference Series, Corrected List of Mayors, 1867-1996|date= |accessdate=2010-05-09}} 21. ^'Recall vote removed five in La Crosse,' Racine Journal Times, August 3, 1977, pg. 7A 22. ^'La Crosse removes 4 School Board members,' Milwaukee Journal, July 15, 1992, pg. A13 23. ^{{cite news|title=River Vale Recall Vote Offers Two Slates Split by 911 Issue|last=James|first=Michael S.|date=July 22, 1994|work=The Bergen Record}} 24. ^1 {{cite web |url=http://www.legis.state.wi.us/LRB/gw/gw_13.pdf |title=State.wi.us |date= |accessdate=2010-05-09 |deadurl=yes |archiveurl=https://web.archive.org/web/20061209005806/http://www.legis.state.wi.us/lrb/gw/gw_13.pdf |archivedate=2006-12-09 |df= }} 25. ^{{cite news|author=Associated Press|title=Ex-mayor reimburses North Pole over contested election|url=http://peninsulaclarion.com/stories/031101/ala_031101alaska0180001.shtml|newspaper=Peninsula Clarion|date=March 11, 2001|accessdate=December 22, 2013}} 26. ^State.wi.us {{webarchive|url=https://web.archive.org/web/20061209005806/http://www.legis.state.wi.us/lrb/gw/gw_13.pdf |date=2006-12-09 }}, Wisconsin Constitution Article XIII, section 12 27. ^{{cite news|last=Fuller|first=Kathy|title=Cornelius voters oust 'Team 3' from office|url=http://www.oregonlive.com/argus/index.ssf/2011/09/cornelius_voters_oust_team_3_f.html|newspaper=Hillsboro Argus|location=Hillsboro, OR|date=September 30, 2011|accessdate=October 4, 2011}} 28. ^http://www.kdhnews.com/news/story.aspx?s=62160 29. ^{{cite news|title=Sheboygan mayoral recall: Mayor Bob Ryan ousted from office by challenger Terry Van Akkeren|url=http://www.sheboyganpress.com/article/20120222/SHE0104/120221205/Van-Akkeren-wins-ousts-incumbent-Ryan-historic-mayoral-recall-election|newspaper=Sheboygan Press|location=Sheboygan, WI|date=February 21, 2012|accessdate=February 22, 2012}} 30. ^{{cite news|title=Wisconsin June 5 recall election results|url=http://www.jsonline.com/news/statepolitics/june-5-recall-election-results-155977565.html|newspaper=Milwakee Wisconsin Journal-Sentinel|date=June 6, 2012|accessdate=June 10, 2012}} 31. ^{{cite news|title=RECALLED: Troy Mayor Janice Daniels Voted Out of Office|url=http://troy.patch.com/articles/troy-mayor-janice-daniels-recall-election|newspaper=Troy Patch|date=November 7, 2012|accessdate=November 7, 2012}} 32. ^1 {{cite web|author= Lynn Barels, Kurtis Lee and Joey Bunch| title=John Morse, Angela Giron ousted in historic Colorado recall election|url=http://www.denverpost.com/breakingnews/ci_24066168/colorado-senate-president-john-morse-recalled-angela-giron|date=September 10, 2013|publisher=Denver Post|accessdate=September 11, 2013}} 33. ^{{cite news|url=http://www.wafb.com/story/23989019/port-allen-mayor-deedy-slaughter-recalled|author=WAFB Staff|title=Port Allen Mayor Deedy Slaughter recalled|publisher=WAFB|date=November 16, 2013|accessdate=November 18, 2013}} 34. ^Aguilar, John and Yesenia Robles. "Jeffco voters choose recall; incumbents losing in DougCo school race", The Denver Post, November 3, 2015. (accessed 8 November 2015) 35. ^Morice, Jane "East Cleveland mayor, City Council president recalled in special election", cleveland.com, December 6, 2016. (accessed 13 December 2016) 36. ^{{cite news|last=McNamara|first=John|date=March 12, 2018|title=Woolfley wins big in Bowie District 2 special election|url=http://www.capitalgazette.com/bowie_bladenews/ac-bb-election-0313-story.html|work=The Bowie Blade-News|accessdate=March 13, 2018}} 37. ^{{cite news|title=Judge Persky likely to be recalled|first=Tracey|last=Kaplan|location=San Jose, California|work=The Mercury News|date=June 5, 2018|accessdate=June 5, 2018|url=https://www.mercurynews.com/2018/06/05/early-votes-brock-turner-judge-likely-to-be-booted-out-for-sentence-in-sexual-assault-case/}} 38. ^{{cite web |url=http://www.foxnews.com/politics/2018/06/06/democrats-lose-california-state-senate-supermajority-after-recall-vote.html |title=Democrats lose California state senate supermajority after recall vote |publisher=Fox News |access-date=6 June 2018|date=2018-06-06 }} 39. ^{{Cite web | url=http://www.newslincolncounty.com/archives/208050 | title=A recall sweep in Toledo: Mayor and two councilors removed from office – News Lincoln County}} 40. ^Recall Election {{webarchive|url=https://web.archive.org/web/20110708001052/http://www.ncsl.org/default.aspx?tabid=16581 |date=2011-07-08 }} 41. ^{{Cite news|url=https://www.upi.com/Archives/1982/05/11/A-judge-haunted-by-five-ill-chosen-words-about-a/7571389937600/|title=A judge haunted by five ill-chosen words about a...|work=UPI|access-date=2018-06-09|language=en}} 42. ^http://www.omaha.com/article/20110125/NEWS01/110129780 43. ^{{cite web|url=https://eu.detroitnews.com/story/news/politics/elections/2017/11/07/flint-mayor-recall-election/107445794/|title=Flint Mayor Weaver wins recall election|date=November 8, 2017|accessdate=December 24, 2018|work=The Detroit News|first=Michael|last=Gerstein}} 44. ^{{cite web|url=https://www.nytimes.com/2017/11/07/us/mayor-atlanta-boston-detroit.html|title=Elections Roundup: Incumbents Fare Well in Boston, Detroit and Flint|date=November 7, 2017|accessdate=December 24, 2018|work=The New York Times}} 45. ^The Milwaukee Journal, April 4, 1990; http://gab.wi.gov/elections-voting/2011/recall/july-19 (retrieved 11/16/2013) 46. ^Frank Church Chronology {{webarchive |url=https://web.archive.org/web/20090210191235/http://library.boisestate.edu/special/church/CHURCH1.HTM |date=February 10, 2009 }} 47. ^{{cite news |title=Arizona's Supreme Court Blocks A Special Gubernatorial Election |pages=A20:1 |work=The New York Times |date=April 13, 1988}} 48. ^Daily Titan, "Group asks for Wilson's recall," by Matt Cliff (November 18th, 1992 - retrieved on June 18th, 2011). 49. ^Los Angeles Times, "VALLEY COLLEGE: Wilson Recall Campaign Started," by Jennifer Case (October 4th, 1992 - retrieved on June 19th, 2011). 50. ^[https://www.nytimes.com/2003/02/15/us/charged-with-getting-free-olympics-trip-boise-mayor-resigns.html "Charged With Getting Free Olympics Trip, Boise Mayor Resigns"], The New York Times, February 15, 2003. (accessed 8 November 2015) 51. ^ 52. ^ 53. ^{{Cite web | url=http://www.mlive.com/lansing-news/index.ssf/2011/09/report_effort_to_recall_michig.html | title=Report: Effort to recall Michigan governor fizzles| date=2011-09-29}} 54. ^"Tom Luna reacts to failure of recall efforts", Bryan Dooley, The Idaho Press-Tribune, June 28, 2011 55. ^{{Cite web | url=http://www.nj.com/mercer/index.ssf/2011/11/committee_to_recall_mayor_mack.html | title=Committee to recall Mayor Mack fails to collect 9,860 needed signatures to force special election| date=2011-11-15}} 56. ^KRBD, "Recall application rejected," October 11, 2011 57. ^{{cite web|url = http://www.jsonline.com/news/statepolitics/state-sen-galloway-to-resign-4c4jk6e-142927885.html|title = State Sen. Galloway to resign, leaving Senate split|date = March 16, 2012|author = Patrick Marley|publisher = Milwaukee Journal Sentinel}} 58. ^{{cite web|title=Loveland Has No Mayor|publisher=WLWT-TV|date=August 18, 2017|url=http://www.wlwt.com/article/loveland-solicitor-city-has-no-mayor/12029494}} 3 : Recall elections|Right to petition|Ballot measures |
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