National Public Official Recall and Accountability Act

Liberty
1

Purpose:
To establish a legal process for constituents to recall any publicly elected official or appointed federal official, including members of Congress and appointees to federal branches such as the FBI, CIA, and other federal agencies, allowing for a vote of no confidence and the potential early termination of their term or appointment, and to create both digital and paper-based mechanisms for citizens to initiate and participate in the recall process.

Section 1. Short Title

This Act may be cited as the “National Public Official Recall and Accountability Act.”

Section 2. Findings

Congress finds the following:

  1. The current system provides limited means for constituents to remove publicly elected officials or federally appointed officials outside of scheduled elections or established removal procedures.

  2. Accountability to the public is fundamental to representative democracy and the functioning of the federal government. Citizens should have a direct mechanism to recall officials who no longer fulfill their duties or adequately represent the interests of the people.

  3. A recall process enhances public oversight and provides an avenue for the people to express a loss of confidence in their elected or appointed officials.

  4. Modern technology, along with traditional paper-based systems, allows for citizens to easily engage in the recall process through secure online platforms or in person.

Section 3. Applicability

(a) Public Officials Covered by This Act:
This Act applies to:

  1. Elected officials at the federal, state, and local levels, including but not limited to members of the U.S. Congress, state legislators, governors, mayors, and other elected public servants.

  2. Appointed federal officials, including appointees to federal branches such as the FBI, CIA, Department of Justice, and other federal agencies or departments.

(b) Exclusions:

  1. This Act shall not apply to officials serving in the U.S. military or the judiciary, which are subject to separate oversight and removal processes.

  2. This Act explicitly excludes Supreme Court Justices, who are subject to removal only through impeachment as outlined in the U.S. Constitution.

Section 4. Recall Process for Publicly Elected and Appointed Federal Officials

(a) Initiating a Recall Petition:
Constituents or citizens may initiate a recall petition against any publicly elected official or federally appointed official through one of the following mechanisms:

  1. A federally owned, funded, and maintained website dedicated to the recall process.

  2. A paper-based recall petition, available at state and local government offices, where signatures may be collected physically.

(b) Website Requirements:
The federal government shall establish and maintain a secure website where:

  1. U.S. citizens may initiate and sign recall petitions digitally.

  2. The website shall require users to provide a valid Social Security number and driver’s license or state-issued ID for registration.

  3. The website shall use multi-factor authentication to ensure the security of personal data and the integrity of the recall process.

(c) Paper Petition Process:

  1. U.S. citizens who prefer to initiate or sign a recall petition in person may request official paper petition forms from state or local election offices.

  2. Signers of the paper petition must provide their name, address, and valid identification (driver’s license or state-issued ID) to verify their eligibility as registered voters.

  3. Completed paper petitions must be submitted to the appropriate state election office within the same 90-day period required for digital petitions.

(d) Eligibility to Sign:

  1. For elected officials, only registered voters residing within the jurisdiction of the official (e.g., district for Representatives, state for Senators or governors) may sign the recall petition, either digitally or on paper.

  2. For federally appointed officials, any registered voter in the United States may initiate or sign a recall petition, either digitally or on paper.

(e) Signature Requirement:
For a recall petition to trigger a recall election or vote of no confidence:

  1. For elected officials, the petition (whether digital, paper-based, or a combination of both) must gather signatures from at least 25% of the registered voters within the relevant jurisdiction within a period of 90 days.

  2. For federally appointed officials, the petition (whether digital, paper-based, or a combination of both) must gather signatures from at least 25% of the U.S. electorate within 90 days.

(f) Verification and Certification:
The signatures collected through the federally maintained website and via paper petitions shall be verified through the voter registration system and certified by the appropriate state or federal election officials. Once verified, the recall petition shall trigger a special recall election or no-confidence vote.

Section 5. Recall Election and Vote of No Confidence

(a) Recall Election Timing:
Once a recall petition is certified, a special recall election (for elected officials) or a vote of no confidence (for appointed officials) shall be held to determine whether the official should be removed from office. The election or vote must take place no later than 60 days after certification.

(b) Recall Ballot:
The ballot for the recall election or vote of no confidence shall present voters with the following question:
“Do you have confidence in [Official’s Name] to continue serving in office?”
Voters may choose “Yes” or “No.”

(c) Outcome of the Recall Election or Vote:

  1. For elected officials: If a majority of voters select “No,” the official shall be immediately removed from office, and a special election to fill the vacated seat must be held within 90 days.

  2. For federally appointed officials: If a majority of voters select “No,” the official shall be immediately removed from their position, and a replacement must be appointed within 90 days.

Section 6. Website and Paper-Based Process Auditing and Maintenance

(a) Annual Audit Requirement:
The federally maintained recall website, as well as the process for collecting and verifying paper-based petitions, shall undergo an independent annual audit to ensure the security of personal data, proper function of the recall process, and the integrity of the signatures and voter information collected. The results of the audit shall be made public.

(b) Maintenance and Upgrades:
The website and paper-based petition system shall be regularly updated and maintained to incorporate the latest security measures and to ensure accessibility for all eligible U.S. citizens.

Section 7. Limitation on Recall

(a) Frequency of Recall:
A recall petition cannot be initiated against the same official more than once within a 12-month period.

(b) Ineligibility in the Final Year:
No recall petition may be initiated against an official within the final year of their term or appointment, unless the official is serving an indefinite or life-term appointment.

Section 8. Effective Date

This Act shall take effect immediately upon passage and apply to all sitting publicly elected and federally appointed officials, excluding Supreme Court Justices.

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