RECALL, The, or as it was formerly termed, the "imperative mandate' is a process by which the people, at their will, may vacate any office before the expiration of the term for which the person holding that office was elected. Should any public official fail properly to per form the functions of his office or be guilty of any act indicating that he is unworthy of the future confidence of the people, a reasonable minority of the voters may petition for his recall. The recall is not a new development but has been found in Greece and in the gov ernment of the early Germanic tribes, and in the United States has been known since Revolu tionary times — Pennsylvania's delegates to the Continental Congress who refused to sign the Declaration of Independence having been "re called" and others sent in their places. Article 5 of the Articles of Confederation gave to each State the power to recall its delegates or any of them, at any time within the year, and to send others in their stead for the remainder of the year." The chief difference between the old and modern methods is that under the former the representative assemblies recalled the officers whom they had elected while in modern times this power of removal rests with the individual voter in the ballot booth. Los Angeles was the first American city to adopt the recall, the amendment to its charter, passed in 1903, being modeled after the cantonal law of Schaffhausen, Switzerland. From Los Ange les the movement has spread to many of the western cities, particularly to those which have adopted the commission form of government. In 1907 Iowa applied the principle to cities of 25,000 or more population and in 1908, by a large majority, Oregon made every State offi cial, including judges of every grade, "subject to recall by the legal voters of the state or of the electoral district from which he is elected.* As applied to public officers, the Oregon law is typical, though later laws differ in minor details. In Oregon the recall petitions must bear the signatures of 25 per cent of the number of electors who voted at the preceding election in the district of the person whose recall is de manded. Should the official refuse to resign within five days after the petition is filed, his name, as well as that of any other candidate nominated, is placed upon the ballot for a special election, to be held within 20 days. This ballot contains a paragraph of not more than 200 words setting forth the reasons why recall is demanded, and 'a similar space is allowed the official to plead his case. If the official fails to
obtain i majority of the votes cast, the success ful candidate serves the unexpired term; the discredited official is deemed removed when the successful candidate has qualified for the office. But the Oregon statute contains a prohibition against the circulation of a peti tion to remove a State official unless he has been in office for six months, while members of the legislature may be recalled after the lapse of five days from the opening of the legislative session following their election. If a recall be unsuccessful, any further petition must be accompanied by sufficient money to cover the cost of a new election, this sum to be raised by the petitioners. Boston employs a limited power of recall. The mayor's term of office is four years but at the State election one month prior to the expiration of the mayor's second year in office the ballot must contain the question: "Shall there be an election of mayor at the next municipal election?" If the vote be in the affirmative any number of candidates may run against the mayor at the ensuing elec tion. A general average of the laws would place the percentage of petitioners at about 25, California requiring 12 per cent for State offi cers, with special restrictions, while 15 per cent is necessary under the commission government laws of South Dakota and under the special charters of Oakland, Modesto, Vallejo and Santa Cruz, Cal.; 20 per cent under the com mission government laws of Washington and the special charters of Grand Junction, Col., Mankato, Minn., Pontiac, Mich., Fort Worth and Denison, Tex., Parkersburg, W. Va., Stock ton, Cal., Wyandotte, Mich. and Lowell, Mass.; 25 per cent under commission government laws of Montana, Wyoming, New Jersey, Kansas and the special charters of San Luis Obispo, Eureka, Bartlesville and McAlester, Cal., Sapulpa, Okla., Austin, Tex., Lawrence and Haverhill, Mass. and Gardiner, Me.; 30 per cent under commis sion government laws of Nebraska and under charters of Ardmore and Enid, Okla., and.Colo rado Springs, Col.; 33 per cent under the com mission government law of Louisiana; 33g per cent under the commission government law of Wisconsin and the special charter of Corpus Christi, Tex.; 35per cent under commission government law of Idaho and in Dallas, Tex., Oklahoma City and Tulsa, Okla. and Wilming ton, N. C.; 40 per cent under the special char ters of Holdenville, Okla. and Knoxville, Tenn.; and 55 per cent under the commission govern ment law of Illinois.