Frequently Asked Questions

Why RecallCongressNow.org?

Every U.S. Senator takes an oath to uphold the U.S. Constitution, yet this Congress has consistently voted for programs that are against both the spirit and letter of the Constitution. The Senators in recall states are guilty of malfeasance and fiscal impropriety. They have voted to incur massive debt upon the people; their actions have thrown the nation, even the world, into financial morass, and they are legislating unconstitutional programs such as socialized medicine. The right of recall maintains democratic accountability throughout the term of an elected official, enabling citizens to correct such abuses without having to wait for the entire term to expire.

Who is behind this effort to restore constitutional self-government?

This measure was brought forward by concerned citizens who researched various states' recall statutes and vetted the idea with several constitutional attorneys. The American Civil Rights Union is an organization dedicated to protecting the civil rights of all Americans. It is this mission that has spurred the ACRU to provide information to citizens who may wish to mount a grass roots effort to protect their constitutional rights by recalling members of Congress who have usurped the Constitution and threaten the general welfare of the citizens and the nation.

What gives a citizen the right to begin a recall of a U.S. Senator?

The First Amendment of the U.S. Constitution states that Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances. Moreover, the 10th Amendment states that what is not delegated to the federal government by the Constitution is left to the states or to the people. And the 17th Amendment holds that Senators shall be elected by the people of each state and that electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. Under these constitutional mandates, the people in any state have the right to recall a U.S. Senator or Representative as provided by their state's law, in their state Constitution, or statutes.

Today, 17 states have recall provisions in their state constitutions and one (Montana) has a recall statute. Six of those states provide for recall just for officials who serve only within their own states, with one more providing for recall of Members of Congress as well only in quite limited circumstances. Eleven states provide for recall of all elected officials, which could include Members of Congress.

Why are you focusing on Senators and not Members of the House of Representatives?

Several states in their recall provisions do not allow petitioning to begin until the official has “been in office for a year.” Since all Members of the House face new elections every two years, there is no strong reason to apply recall to them. For Senators, however, there is ample reason to have the power of recall, if it is available.

Where can Senators be recalled?

Current law in 11 states provides for the broad recall of elected officials. These are: Arizona, Colorado, Louisiana, Michigan, Montana, Nevada, New Jersey, North Dakota, Oregon, Washington, and Wisconsin. These eleven states have a total of 14 incumbent Senators who are not standing for re-election in 2010.

How can Senators be recalled?

The process in each state is different, but there are some common aspects. In general, an organization must be formed to conduct the petition drive for signatures of registered voters who believe that the Senator(s) should be recalled. Once the petition is approved by the state's supervisory department (usually the Secretary of State or the State Board of Elections) the organization has a certain period of time to gather the signatures—usually 60 to 180 days. The organization then must gather the requisite number of signatures (depending on the state, anywhere from 15% to 40% of the number of registered voters who voted in the last gubernatorial or senate election) and file them with the appropriate government department. Afterwards, depending on the state's law, either a recall election will be held to determine if the Senator should be recalled, with the Senator then standing for re-election in a special election, or the Senator will stand for re-election on the next election ballot.

How can I get started?

Click here to receive information on how to proceed in your state.