[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 109 Introduced in House (IH)]

103d CONGRESS
  1st Session
H. J. RES. 109

    Proposing an amendment to the Constitution of the United States 
       providing for the recall of Senators and Representatives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 1993

Mr. Paxon introduced the following joint resolution; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
    Proposing an amendment to the Constitution of the United States 
       providing for the recall of Senators and Representatives.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States:

                              ``Article--

    ``Section 1. A person may not serve the remainder of any term as a 
Senator or Representative if the person has been recalled from such 
office pursuant to this article.
    ``Section 2. A person qualified to elect a Senator or 
Representative from a State may register with the executive authority 
of the State a petition requesting that the Senator or Representative 
be recalled. The person may not register the petition during the 150-
day period before, or the 60-day period after, a general or special 
election in which the Senator or Representative is a candidate for 
election or reelection to such office. A person qualified to elect the 
Senator or Representative may sign the petition during the 120-day 
period beginning on the registration date. Not later than the 1st 
business day after such period, the registrant shall file the petition 
with the executive authority.
    ``Section 3. Within 30 days after the date any recall petition is 
filed with the executive authority of a State under this article, the 
executive authority shall determine if the petition bears valid 
signatures in a number not less than 20 percent of the number of votes 
legally cast in the most recent Presidential election by persons who 
are qualified to elect the Senator or Representative who the petition 
requests to be recalled. On the date of any determination that a 
petition bears such number of valid signatures, the executive authority 
shall deliver a certified copy of the petition to the Senator or 
Representative who the petition requests to be recalled. Within 7 days 
after any such determination, the executive authority shall call for a 
vote of persons qualified to elect the Senator or Representative on the 
question of whether the Senator or Representative shall be recalled. 
Such question shall be the only question posed to such persons during 
the vote. The vote shall be held within 30 days after the 60-day period 
beginning on the date the executive authority calls for the vote.
    ``Section 4. The executive authority of a State shall certify the 
results of any vote taken in the State under this article. If a 
majority of the persons who participate in any such vote choose to 
recall a Senator or Representative, the Senator or Representative shall 
vacate such office on the date of any such certification. If a majority 
of the persons who participate in any such vote choose not to recall a 
Senator or Representative, the Senator or Representative shall not be 
recalled during the remainder of the term of office in which the vote 
was taken.''.

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