IA 111th CONGRESS 2d Session H. J. RES. 71 IN THE HOUSE OF REPRESENTATIVES January 21, 2010 Mr. Hoekstra 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 to give citizens of the United States the right to recall elected officials.

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 within seven years after the date of its submission for ratification:  —

1.The people shall have the right to recall any person elected by popular vote or the electors of the various States to hold an office of the Federal Government.

2.A petition proposing the recall of an elected official shall be submitted to an officer of the Government of the United States whom the Congress shall designate by law. Each petition shall be signed by at least ten percent of the whole number of people voting in a given State or congressional district, who voted in the most recent election for President, or for electors for President, occurring before the date on which the petition is submitted to the officer designated by Congress. All such signatures shall be collected within the six-month period ending on the date the petition is submitted to the officer designated by the Congress. Within ninety days after a petition is submitted to the officer designated by the Congress, such officer shall determine the validity of the signatures contained in the petition. If the petition contains the required number of valid signatures, the officer shall certify the petition and shall direct the chief executive officer in each State to place on a ballot the question of recall before the voters in the State or congressional district for Members of Congress. The Congress shall by law establish procedures for the preparation and submission of any such petition and for the validation of signatures on such petition.

3.For the recall of Members of the Senate the recall election shall be held on the first Statewide election for public office (whether a primary election or a general election) which is held at least sixty days after the certification of valid signatures on such a petition. For the recall of Members of the House of Representatives, a recall election shall be held within sixty days of the certification of valid signatures on such a petition.

4.If a recall ballot under this article receives a majority of the votes cast in either the district or State of Members of Congress, the recall of the said elected official shall take effect immediately upon certification of vote results by the chief executive officer of the States.

5.In the event of the removal of a Member of Congress by recall, the chief executive officer of each of the States shall order a special election within the guidelines of the State.

6.The people in each State voting under this Article shall have the qualification requisite for electors of the most numerous branch of the State legislature. The Congress shall by law prescribe the manner in which the results of the voting conducted under this article shall be ascertained and declared.

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