Skip to Navigation | Skip to Main Content | Skip to Site Map

Account: Sign Up | Login

Florida Constitution Revision Commission

PUB 700252: Recall of the Governor, the Cabinet, the Legislature by Loyal Millett

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Recall

(a) Recall is the power of the electors to remove a person from elective office before his or her term expires. The governor, the lieutenant governor, a member of the cabinet, or a legislator may be removed from office by the electors in a recall election. However, removal of the governor under this section includes removal of the lieutenant governor. This method of removing a person from elective office is in addition to any other method provided by this constitution or general law.

(b) The recall of a public official under this section is initiated by delivering to the chief election officer of the state a petition containing the name of the person sought to be recalled and the alleged reason for the recall. If the person sought to be recalled is the governor, the petition shall contain the names of the governor and the lieutenant governor. The sufficiency of the reason is not reviewable. Proponents have 180 days to circulate and file signed petitions, and the chief election officer of the state shall maintain a continuous count of the signatures certified to that office.

(c) Under this section, a petition to recall a public official, other than a legislator, must contain signatures from each of the counties in the state, and the signatures must equal 15 percent of the total votes cast in the last election for the office. All electors in the state may sign the petition to recall the official. If the recall petition is successful and a recall election is held, all electors in the state may vote in the recall election.

(d) A petition to recall a legislator must contain signatures equal to 15 percent of the total votes cast in the last election for the office. Only electors of the district the legislator represents may sign the petition to recall the legislator. If the recall petition is successful and a recall election is held, only electors of the district the legislator represents may vote in the recall election.

(e) Notwithstanding any other provision of this constitution or general law, if the petition to hold a recall election under this section is successful, the election for a successor to the office shall be held simultaneously with the recall election. The election to determine whether to recall a public official under this section and elect a successor shall be called by the chief election officer of the state and held not less than 60 days nor more than 80 days after the date of certification of the number of sufficient signatures. However, if the next regularly scheduled election is to be held within 100 days after the date of certification of sufficient signatures, the chief election officer of the state may schedule the recall election on the same date as the regularly scheduled election. The public official who is the subject of the recall may not be a candidate for the office.

(f) If the majority vote on the question is to recall the public official, the official shall be removed and the candidate who receives the highest number of votes cast in the election held simultaneously to fill the vacancy in office shall be the successor for the remainder of the term. If the public official who is the subject of the petition is not recalled, he or she shall be reimbursed by the state for any recall election expenses that were personally and legally incurred, and a subsequent recall petition may not be initiated against the official during the remainder of his or her term in office.

(g) In any election to fill the offices of governor and lieutenant governor under this section, candidates for those offices shall form joint candidacies and neither the governor nor the lieutenant governor may be a candidate for either office.

(h) No governor, lieutenant-governor, member of the cabinet, or legislator who has been recalled shall again be eligible to any elective office within the state.

(i) Additional provisions governing recall under this section may be provided by general law.