Mississippi: Does the state actually have a recall law? An examination

I wrote this op-ed in the Magnolia Tribune on Mississippi's quasi-recall law, which is somewhat similar to Virginia's Recall Trial law. I would call this a recall, though so limited that it probably has never been used. Here's the key points:

Mississippi is arguably one of these states that possess a recall law. The Magnolia State currently has a law that allows for a quasi-recall against county officials, though there is disagreement as to whether it counts as a recall law, with students of the recall generally ignoring the state in their listing.

Under this provision, voters can petition the governor to remove a county official. The governor then appoints three chancery judges to decide if the official should be removed for “failing, neglecting or refusing to perform any of the duties required…” If the judges find against the official, a special election is held, and an absolute majority of the qualified voters in the district need to vote in favor of removal for the official to be kicked out of office. The governor then appoints a temporary replacement, and another special election is held within 60 days to fill the slot.

This law is extremely restrictive, arguably more so than any other recall law in the country. The amount of signatures needed, 30% of registered voters, is very high (though Louisiana had a higher number – 33 1/3% for some officials, though they lowered it for state-level ones). Most jurisdictions use numbers closer to 25% of voter turnout in the last election, a naturally much lower figure. Requiring an absolute majority of qualified voters to cast ballots voting in favor of kicking out the official is not a provision that usually exists in the US, though other countries have a similar “absentee veto” type of requirement. Idaho’s law requires the vote in favor of removal to top the total amount of votes that the official received in the original winning is rare, but again that is quite likely a smaller number than Mississippi requires.

The oddest feature is somewhat similar to other states. Seven states have a malfeasance standard or judicial recall law, which requires that the official violated a statutorily delineated set of laws in order to be eligible for removal. In those states, a judge or election official rules on whether such a violation has occurred. Mississippi’s law, which doesn’t specify a violation of a law or showing of incompetence but rather an amorphous refusal to perform the duties of office, is at once more and less restrictive than other states. It is frankly not clear how it works in practice.