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Best_man23

(5,101 posts)
Tue Sep 17, 2024, 06:57 AM Sep 17

Recall process in Ohio - re: One "Senator" J. D. Vance

Was just curious if Ohio had a recall process for its politicians, and apparently there is one.

The case (I think) can be made that "Senator" J.D. Vance has repeatedly and continuously engaged in fomenting stochastic terrorism against the city and residents of Springfield, OH.

Section 705.92 | Procedure for removal of elective officer by recall

https://codes.ohio.gov/ohio-revised-code/section-705.92

I'm not a resident of Ohio, but if I were, I would be trying to see if there was a recall effort ongoing.

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Recall process in Ohio - re: One "Senator" J. D. Vance (Original Post) Best_man23 Sep 17 OP
It sounds like only municipal incumbents can be removed. duncang Sep 17 #1
Sorry, this is not correct. werdna Sep 17 #2
Senators cannot be recalled. Impeachment or vote them out. jimfields33 Sep 17 #3
and the impeachment part hasn't been tested in the courts InstantGratification Sep 17 #4
US Senators cannot be recalled. sinkingfeeling Sep 17 #5

werdna

(925 posts)
2. Sorry, this is not correct.
Tue Sep 17, 2024, 07:28 AM
Sep 17

The statute you cite is for municipally incorporated entities - cities and towns. A U.S. Senator can be expelled by the Senate, but not recalled: "As to removal by recall, the United States Constitution does not provide for nor authorize the recall of United States officers such as Senators, Representatives, or the President or Vice President, and thus no Member of Congress has ever been recalled in the history of the United States."
https://www.everycrsreport.com/reports/RL30016.html (https://crsreports.congress.gov/)


Ohio has no constitutional provision for officials elected to state or U.S. office. However, these states do have provisions for state elected officials:

Recall Provisions in State Constitutions and Statutes

Alaska – Const. Art. 11, §8; AS §15.45.470-710, 15.80.010, 29.26.240-350
Arizona - Const. Art. 8, §1-6; Ariz. Rev. Stat. §19-201 – 19-234
California – Const. Art. 2, §13-19; CA Election Code §11000-11386
Colorado – Const. Art. 21; Colo. Rev. Stat. §1-12-101 – 1-12-123, 31-4-501 – 31-4-505, 32-1-906 – 32-1-915
Georgia – Const. Art. 2, §2.4; Ga. Code §21-4-1 et seq.
Idaho – Const. Art. 6, §6; Idaho Code §34-1701 – 34-1715
Illinois - Const. Art. 3. §7
Kansas – Const. Art. 4, §3; KSA §25-4301 – 25-4331
Louisiana – Const. Art. 10, §26; La. Stats. Ann. §18:1300.1 – 18:1300.17
Michigan – Const. Art. 2, §8; Mich. Election Law §168.951 – 168.977
Minnesota – Const. Art. 8, §6; Minn. Stat. Ann. §211C.01 et seq.
Montana – Mont. Code § 2-16-601 – 2-16-635
Nevada – Const. Art. 2, §9; Nev. Rev. Stat. Ch. 294A.006, Ch. 306, Ch. 539.163 – 539.185
New Jersey – Const. Art. 1, §2(b); NJ Rev. Stat. Ann. § 19:27A-1 – 19:27A-18
North Dakota – Const. Art. 3, §1 and 10; ND Century Code Ann. §16.1-01-09.1, 44-08-21
Oregon – Const. Art. 2, §18; Or. Rev. Stat. Ch. 249.865 – 249.877
Rhode Island – Const. Art. 4, §1
Virginia - Va. Code §24.2-233 – 24.2.238
Washington – Const. Art. 1, Sec. 33-34; Wash. Rev. Code §29A.56.110 – 29A.56.270
Wisconsin – Const. Art. 13, §12; Wis. Stat. Ann. §9.10
https://www.ncsl.org/elections-and-campaigns/recall-of-state-officials

4. and the impeachment part hasn't been tested in the courts
Tue Sep 17, 2024, 07:46 AM
Sep 17

Impeachment was attempted once and was passed in the House. The Senate voted to expel him and then voted not to hold the impeachment trial.

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