Should we have the right to 'recall' MPs? It can be done in America, why not here? Few of us had heard of recall until 2003 when California Governor Gray Davis lost the recall ballot to the 'governator', Arnold Swarzenegger. The idea is simple, as a Civitas online briefing proposed yesterday. Sometimes voters regret the choice they made at the last general election and do not want to wait until the next time. If a proportion of the electorate (say 20%) can be persuaded to sign a petition to recall the elected office holder, then an immediate by-election must be held. There is cross-party support. Back in February 2008 a group of 27 Tory MPs wrote to The Daily Telegraph calling for local voters to be allowed to 'recall' their MP and at the weekend Lib-Dem leader Nick Clegg came out in favour. How common is it? In America 18 states allow elected officials to be recalled from their posts by a petition of between 12 and 40 per cent of voters. In 1903 the city of Los Angeles was the first large area to introduce recall, followed in 1908 by Oregon and in 1911 by California. Then Arizona, Colorado, Nevada and Washington all adopted recall in 1912. In addition eleven more states, while not permitting recall of state-level officials, do allow the recall of local officials.
Recall ballots are useful in precisely the sort of situation that has now arisen in the UK. We are told that MPs have acted within the rules, but few voters think they have behaved ethically. Some may have to face criminal charges but it is likely to be difficult to reach the high standard of proof required in a criminal trial, as disgraced MP Derek Conway found. Some will face the wrath of their local constituency party, but as Luton MP Margaret Moran discovered, that may not mean very much. If a significant number of voters think their MP is not fit to hold public office, then it should be possible to require them to stand for re-election immediately.
The process should not be too easy to prevent constant harassment by disgruntled rivals but, if a significant proportion of the electorate wants a ballot, it should be held. How many signatures should be required? In ten of the 18 American states 25 per cent of the electorate is needed, while Louisiana requires 33.3 per cent and Kansas 40 per cent. At 12 per cent, California has the lowest requirement. A recall ballot is a costly procedure and has been used sparingly. Only two state governors have ever been recalled: North Dakota Governor Lynn Frazier in 1921 and California's Gray Davis in 2003. However, it was not for lack of trying: one study estimated that there had been around 40 failed attempts to recall state officials in California.
If the policy were introduced in the UK, how many signatures should be required? There should be a significant hurdle, perhaps about 20 per cent of registered voters in a constituency. The average constituency size in England is about 75,000 voters and so a petition of 15,000 would be needed. The number is achievable without being too easy. In practice the procedure would probably not be used very often, but the fact that it was available would have a salutary effect on MPs and the 'gravy train' mentality that can only flourish amidst secrecy would be no more.
If MPs would like to prove themselves deserving of respect, voting for recall ballots would go a long way to restoring public confidence.