Some jurisdictions provide a remedy for removing an elected official that no longer serves his/her constituency.
For Americans, arguably the most important removal procedure is against the president of the United States. Only the House of Representatives can impeach a president, and the Senate conducts the trial for removal. A two-thirds majority in the Senate is required to effect removal. Barring that procedure, there is no other way to remove a sitting president. This protocol has served the United States very well, preventing removal from office for purely partisan reasons.
The Constitution provides for expulsion from the House or Senate with a two-thirds vote of the chamber in which the accused sits. Since the Civil War only three members have been expelled, the most recent being Rep. George Santos (R-NY). Outside of expulsion, voters cannot recall a congressional representative.
Removal of a governor varies by state. Some states allow for recall elections initiated by the voters. For example, California allows for recall elections if 12% of the voters in the previous election sign a petition to that effect. In fact, during 2020–2021 a petition drive was successful to conduct a recall election against Governor Gavin Newsom. Newsom prevailed in that election. (Interestingly, California’s popular recall elections were introduced into the state’s constitution by progressive Republications in 1911.)
Maryland’s constitution provides conditions for removal from office. Article XV, Section 2 specifies that any elected official at the state, county, or municipal level can be suspended from office after conviction a) of a felony or b) of a misdemeanor related to the official’s duties. The section provides for appealing the removal as well as reinstatement. This section applies to our County Council members as well as the Board of Education.
Article 1, Section 118 of the county’s charter has a provision for removing a member of the County Council. Seven council members can vote another member off due to physical or mental disability pertaining to official duties. The section also provides for appealing the removal.
In an extreme scenario, a seven-member faction on the County Council can fabricate a “physical or mental disability” in order to remove a problematic council member. This scenario effectively negates the voters’ expression at the ballot box. In contrast, the state constitution’s criterion for removal (conviction of a felony or job-related misdemeanor) precludes such a partisan cancellation of an election result.
A declining county population caused by emigration to other parts of the state or to other states is a clear indication that a majority of our 18 county council and school board members are not executing their duties for the residents’ benefit. Given the stringent requirements to remove any of those 18 members from office, our only recourse is to not re-elect them. Because of our county’s the prevailing voting rights violations (plurality wins, at-large wins), I am pessimistic that even that outcome is possible.
Florida, Texas, or North Carolina anyone?
