Laws governing recall in Ohio

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Recall elections

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Laws governing recall
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in Ohio. Only local officials, other than school board members, are subject to recall in Ohio.

In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.

## Contents

* 1 Officers subject to recall
* 1.1 Federal officials
* 1.2 State officials
* 1.3 Local officials
* 2 Process
* 2.1 Prerequisites
* 2.1.1 Term length
* 2.1.2 Reasons for recall
* 2.2 Petition
* 2.2.1 Signature requirements
* 2.3 Election
* 2.3.1 Date of recall election
* 2.3.2 Ballot form
* 2.3.3 Unusual provisions
* 3 Legislation involving recall elections
* 4 See also
* 5 External links
* 6 Footnotes

## Officers subject to recall[edit]

### Federal officials[edit]

The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.

### State officials[edit]

In Ohio, there is no right of statewide recall and no ability to recall members of the Ohio State Legislature.

### Local officials[edit]

The recall of local elected government officials in Ohio is governed by ORC §705.92. ORC §705.92 applies to "any elective officer of a municipal corporation." Elected officials of counties, cities, and villages that are defined as municipal corporations may be recalled. Although state law allows the recall of municipal officials and provides for a recall process, a charter city may, through its charter, allow or forbid recall elections.[2] The right of local recall does not extend to removing members of school boards.

## Process[edit]

### Prerequisites[edit]

#### Term length[edit]

A recall election cannot be "submitted to the electors until such officer has served for at least one year of the term during which he is sought to be recalled."[3]

#### Reasons for recall[edit]

In Ohio, no specific grounds are required for seeking the recall. However, a statement of the grounds of the recall effort not more than 200 words in length must be provided.[3]

### Petition[edit]

#### Signature requirements[edit]

To force a recall election, signatures equaling "15% of the total votes cast at the most recent regular municipal election" must be submitted.[3]

### Election[edit]

#### Date of recall election[edit]

Election authorities are required to set the date of the recall election "not less than thirty nor more than forty days from the time of the finding of the sufficiency" of the signatures submitted to force the recall election.[3]

#### Ballot form[edit]

The wording of the recall question on the ballot is in the form:

“Shall (name of person) be removed from the office of (name of office) by recall?”

___ “For the recall of (name of person).”

___ “Against the recall of (name of person).”

#### Unusual provisions[edit]

The Ohio local recall law allows the target of a recall effort to recover some money from the municipality if the recall vote is held, and fails:

"If, at any such recall election, the incumbent whose removal is sought is not recalled, the incumbent shall be repaid the incumbent’s actual and legitimate expenses for such election from the treasury of the municipal corporation, but such sum shall not exceed fifty per cent of the sum that the incumbent is by law permitted to expend as a candidate at any regular municipal election."

## Legislation involving recall elections[edit]

The table below lists bills related to recall elections in Ohio. The following information is included for each bill:

* State
* Bill number
* Official bill name or caption
* Most recent action date
* Legislative status
* Sponsor party
* Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

## See also[edit]

* What are recalls?

Read more

* Recall efforts

Read more

* Ballotpedia's Recall Report

Read more

* Recalls by state

Read more

* Recalls by office

Read more

* Recall laws

Read more

## External links[edit]

* Ohio Secretary of State
* Ohio Revised Code, Section 705.92

## Footnotes[edit]

1. ↑ Congressional Research Service, "Recall of Legislators and the Removal of Members of Congress from Office," January 5, 2012
2. ↑ Ohio Bar Association, "What You Should Know about Recall Elections," accessed November 5, 2016
3. ↑ 3.0 3.1 3.2 3.3 ORC §705.92

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Recall
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