Laws governing recall in Ohio

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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."

Who may be recalled?[edit]

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.^[1]

The right of local recall does not extend to removing members of school boards.

In Ohio, there is no right of statewide recall, either of federal or state government officials, and no ability to recall members of the Ohio State Legislature.

Features of the law[edit]

Can you recall a federal official?
The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation »

Commencement[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."^[2]

Grounds 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.^[2]

Signature requirements[edit]

See also: Ohio signature requirements

To force a recall election, signatures equalling "15% of the total votes cast at the most recent regular municipal election" must be submitted.^[2]

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.^[2]

Ballot wording[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."

Footnotes[edit]

[1] Ohio Bar Association, "What You Should Know about Recall Elections," accessed November 5, 2016

[orc-2] 2.0 ^2.1 ^2.2 ^2.3 ORC §705.92

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