What is Recall, Initiative, and Referendum?

Recall, Initiative, and Referendum are new authority granted to citizens. These provisions are not available to General Law Cities.

Major Provisions-Recall

  • “Any elected City official shall be subject to recall and removal from office by the registered voters of the City on the grounds of incompetency, misconduct or malfeasance in office.”
  • Requires a petition signed by 25% of “those registered to vote at the City’s last general election”
  • Provides specific details relative to the form of the petition, review of signatures and legal sufficiency of the petition by the City Secretary, and presentation to Council
  • If City official does not resign, City Council must order an election and set date for recall election
  • City official has the right to request a public hearing to state their response to the petition prior to the election
  • Provides specific details relative to the recall ballot
  • Requires majority of voters to recall or not recall
  • No recall may be ordered 6 months after an elected official takes office or 6 months before the elected official’s term expires

Major Provisions-Initiative

  • Registered voters may “initiate legislation by submitting a petition addressed to the City Council that requests the submission of a proposed ordinance to a vote of the registered voters of the City”
  • Requires a petition signed by 20% of the “voters registered to vote in the previous City’s general election”
  • Details as to the form of the petition and the proposed legislation
  • Once City Secretary has verified signatures and deemed the petition is legally sufficient, Council must put proposed legislation on the agenda at next regularly scheduled City Council meeting
  • If City Council does not approve legislation/ordinance, the City must call a special election for next uniform election date
  • Details as to the form of the ballots, consistency between ordinances on the ballot and when such ordinances can be reconsidered

Major Provisions-Referendum

  • Registered voters may “require that any ordinance passed by the City Council and subject to the initiative process under this Charter be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose with sixty (60) days after final passage of said ordinance.”
  • Requires a petition signed by 20% of the “voters registered to vote in the previous City’s general election”
  • Details as to the form of the petition 
  • Once City Secretary has verified signatures and deemed the petition is legally sufficient, Council must put ordinance on the agenda at next regularly scheduled City Council meeting for reconsideration
  • If City Council does not repeal the ordinance, the City must call a special election for the next uniform election date
  • Details as to the form of the ballots, consistency between ordinances on the ballot and when such ordinances can be reconsidered
  • Ordinance provisions to be suspended pending the vote

Show All Answers

1. What is Home Rule?
2. What is the Difference between Home Rule Cities and General Law Cities?
3. What is a City Charter?
4. What is the Charter Commission?
5. How would changing to Home Rule affect me?
6. Are there disadvantages to changing to Home Rule?
7. What are the Major Provisions of the City Charter for Garden Ridge?
8. What is Recall, Initiative, and Referendum?
9. When is Early Voting?
10. When is Election Day?