Gubernatorial impeachment procedures
From Ballotpedia
Impeachment is the process whereby an elected official, such as a governor, is charged with, and tried for, crimes or misconduct committed in the course of office. Consequences resulting from conviction are generally limited to removal from office and prohibition against holding office in the future.
In all states except Oregon, the state legislature can impeach the governor. In most states, the process is similar to that used for impeachments of presidents at the federal level. If the lower chamber of a state legislature votes in favor of impeachment (i.e., votes to formally charge the governor with an impeachable offense), then the upper chamber functions as a court of impeachment and votes on whether to convict the governor.
There are some exceptions. In Alaska, the upper chamber votes to impeach and the lower chamber functions as the court of impeachment. In Missouri, impeachments are tried by a panel of seven judges selected by the Missouri State Senate, with a vote from five of the seven judges required to convict. In Nebraska, if the unicameral legislature votes in favor of impeachment, the governor is tried by the Nebraska Supreme Court. Finally, in Oklahoma, an impeached governor is tried before both chambers of the state legislature sitting in joint session.[1]
Grounds for impeachment of governors
The table below summarizes the grounds upon which governors can be impeached in each of the states. Constitutional and statutory citations are provided parenthetically.[2]
| Constitutional and statutory grounds for impeaching governors | ||
|---|---|---|
| State | Constitutional provisions | Statutory provisions |
| Alabama | Willful neglect of duty; corruption in office; incompetency; intemperance (intoxicating liquors or narcotics); offense of moral turpitude while in office (Ala. Code, Const. Art. VII, § 173). | |
| Alaska | No grounds listed, but a motion for impeachment must list fully the basis for the proceeding (Alaska Stat. Const. Art. II, § 20). | |
| Arizona | High crimes, misdemeanors, or malfeasance in office (Ariz. Rev. Stat. Ann., Const. Art. 8 Pt. 2 § 2). | High crimes, misdemeanors, or malfeasance in office (Ariz. Rev. Stat. Ann., § 38-311). |
| Arkansas | High crimes and misdemeanors and gross misconduct in office (Ark. Code Ann., Const. Art. 15, § 1). | (Ark. Code Ann., § 21-12-201 et seq.). |
| California | Misconduct in office (Cal. Code, Const. Art. IV, § 18(b)). | Misconduct in office (Cal. Gov. Code § 3020 et seq.). |
| Colorado | High crimes or misdemeanors or malfeasance in office (Colo. Rev. Stat., Const. Art. XIII). | |
| Connecticut | No grounds listed (Conn. Gen. Stat. Ann., Const. Art. IX). | |
| Delaware | Treason, bribery, or any high crime or misdemeanor in office (Del. Code Ann., Const. Art. VI). | |
| Florida | Misdemeanor in office (Fla. Stat. Ann., Const. Art. 3 § 17). | A public officer who violates the state code of ethics is subject to a range of punishments, including impeachment, suspension, reprimand, salary reduction, and a civil penalty (Fla. Stat. Ann. § 112.317(1)(a)). A public officer who knowingly violates the law on inspecting, examining, and duplicating public records is subject to impeachment and other penalties (Fla. Stat. Ann. § 119.02). |
| Georgia | No grounds listed (Ga. Code Ann., Const. Art. 3, § 7). | |
| Hawaii | “For causes that may be provided by law” (Haw. Rev. Stat. Ann., Const. Art. III § 19). | |
| Idaho | No grounds listed (Idaho Code, Const. Art. V §§ 3 & 4). | (Idaho Code §§ 19-4013 to 19-4016). |
| Illinois | Legislative investigations conducted to determine cause for impeachment (Ill. Comp. Stat. Ann., Const. Art. IV § 14). | |
| Indiana | Crime, incapacity, or negligence (Ind. Code Ann., Const. Art. 6, §§ 7 & 8). | Misdemeanor in office (Ind. Code Ann., § 5-8-1-1 et seq.). |
| Iowa | Misdemeanor or malfeasance in office (Iowa Code Ann., Const. Art. III §§ 20 & 20). | Misdemeanor or malfeasance in office (Iowa Code Ann., § 68.1 et seq.). |
| Kansas | Treason, bribery, or other high crimes and misdemeanors (Kan. Stat. Ann., Const. Art. II §§ 27 & 28). | Misdemeanor in office (Kan. Stat. Ann. § 37-101 et seq.). |
| Kentucky | Misdemeanor in office (Ky. Rev. Stat. Ann., Const. § 68). | |
| Louisiana | Felony, malfeasance, or gross misconduct while in such office (La. Rev. Stat. Ann., Const. Art. X § 24). | |
| Maine | Misdemeanor in office (Me. Rev. Stat. Ann., Const. Art. IX § 5). | |
| Maryland | No grounds listed (Md. Code Ann., Const. Art. II § 7; Art. III § 26). | |
| Massachusetts | Misconduct or maladministration in office (Mass. Gen. Laws Ann., Const. Pt. 2, C.1, § 2, Art. VIII § Pt. 2, C.1, § 3, Art. 6). | |
| Michigan | Corrupt conduct in office or crimes or misdemeanors (Mich. Comp. Laws Ann., Const. Art. XI, § 1 XI (7)). | Corrupt conduct in office or crimes or misdemeanors (Mich. Comp. Laws Ann., §§ 6.1 to 6.16). |
| Minnesota | Corrupt conduct in office or crimes or misdemeanors (Minn. Stat. Ann., Const. Art. VIII). | |
| Mississippi | Treason, bribery, or any high crime or misdemeanor in office (Miss. Code Ann., Const. Art. IV §§ 49 to 52). | |
| Missouri | Crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense of moral turpitude or oppression in office (Mo. Rev. Stat., Const. Art. VII, §§ 1 to 3). | Crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense of moral turpitude or oppression in office (Mo. Rev. Stat. § 106.020 et seq.). |
| Montana | Legislature must determine causes, manner, and procedure for impeachment (Mont. Code Ann., Const. Art. V, § 13). | (Mont. Code Ann. § 5-5-401 et seq.). |
| Nebraska | Misdemeanor in office. Alleged acts or omissions must be stated in impeachment resolution (Neb. Rev. Stat., Const. Art III, § 17, Art. IV § 5). | (Neb. Rev. Stat. § 24-101 et seq.). |
| Nevada | Misdemeanor or malfeasance in office (Nev. Rev. Stat., Const. Art VII, § 2). | (Nev. Rev. Stat. § 283.140 et seq.). |
| New Hampshire | Bribery, corruption, malpractice, or maladministration in office (N.H. Rev. Stat. Ann., Const. Pt. 2, Art. 17 & Art. 38 et seq.). | |
| New Jersey | Misdemeanor while in office (N.J. Stat. Ann., Art. VII, § 3). | (N.J. Stat. Ann. § 52:13A-1 et seq.). |
| New Mexico | Crimes, misdemeanors, or malfeasance in office (N.M. Stat. Ann., Art. 4, §§ 35 & 36). | |
| New York | No grounds listed (N.Y. Const. Art. 5, § 4 and Art. 6 § 24). | (N.Y. Jud. Law § 415 et seq.). |
| North Carolina | No grounds listed (N.C. Gen. Stat., Art. 3 § 3, Art. 4 § 4). | Commission of a felony, a misdemeanor involving moral turpitude, malfeasance in office, or willful neglect of duty (N.C. Gen. Stat. §§ 123-1 to 123-13). |
| North Dakota | Habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office (N.D. Cent. Code, Art. 11, §§ 8 to 15). | Habitual drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor (N.D. Cent. Code § 44-09-01 et seq.). |
| Ohio | Misdemeanor in office (Ohio Rev. Code Ann., Art. 2 §§ 23 and 24). | |
| Oklahoma | Willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office (Okla. Stat., Art. 8, § 1). | Willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office (Okla. Stat. Ch. 2 § 51 et seq.). |
| Oregon | Public officers may not be impeached. But, incompetency, corruption, malfeasance, or delinquency in office may be tried in the same way as a criminal matter and judgment may be dismissal from office (Or. Rev. Stat., Art. 7 § 6). | |
| Pennsylvania | Misbehavior in office (Pa. Cons. Stat., Art. 6 § 4 et seq.). | |
| Rhode Island | Commission of a felony or crime of moral turpitude, misfeasance, or malfeasance in office or found incapacitated (R.I. Gen. Laws, Art. 11 § 1 et seq.). | (R.I. Gen. Laws § 22-6-2.2). |
| South Carolina | Serious crimes or serious misconduct in office (S.C. Code Ann., Const. Art. 15). | |
| South Dakota | Drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office (S.D. Cod. Laws, Const. Art. XVI). | |
| Tennessee | Commission of crime in official capacity requiring disqualification (Tenn. Code Ann., Const. Art. V). | Commission of crime in official capacity requiring disqualification (Tenn. Code Ann. §§ 8-46-101 to 8-46-205). |
| Texas | No grounds listed (Tex. Code Ann. Const. Art. 15, §§ 1 to 7). | (Tex. Government Code Ann. §§ 665.001 to 665.028). |
| Utah | High crimes, misdemeanors, or malfeasance in office (Utah Code Ann., Const. Art. VI, §§ 17 to 21). | High crimes and misdemeanors or malfeasance in office (Utah Code Ann. 1953 §§ 77-5-1 to 77-5-12). |
| Vermont | No grounds listed (Vt. Stat. Ann. Const. Ch. II §§ 57 & 58). | |
| Virginia | Offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor (Va. Code Ann. Const. Art IV, § 17). | |
| Washington | High crimes or misdemeanors, or malfeasance in office (Wash. Rev. Code Ann., Const. Art. V). | (Wash. Rev. Code Ann., § 42.04.040). |
| West Virginia | Maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor (W. Va. Code Ann., Const. Art. 7 § 9). | Maladministration, corruption, incompetency, gross immorality, neglect of duty, or any high crime or misdemeanor (W. Va. Code Ann. § 6-6-3). |
| Wisconsin | Corrupt conduct in office, crimes and misdemeanors (Wis. Stat. Ann., Const. Art. 7 § 1). | (Wis. Stat. Ann., §§ 750.01 & 750.02). |
| Wyoming | High crimes and misdemeanors, or malfeasance in office (Wyo. Stat. Ann., Const. Art. 3, §§ 17 & 18). | (Wyo. Stat. Ann., § 9-1-214). |
Historic impeachments of governors
In the history of the United States, there are sixteen cases of a vote being carried out to impeach a governor. Of those, nine led to the impeached governor's removal from office. The National Conference of State Legislatures has suggested two potential reasons for the relative infrequency of gubernatorial impeachments: the perception that impeachment is a drastic measure and the likelihood of officers resigning before they can be impeached.[3]
| Historical gubernatorial impeachments | ||||
|---|---|---|---|---|
| Governor | Partisan affiliation of governor | State | Year | Outcome |
| Charles Robinson | Kansas | 1862 | Acquitted.[4] | |
| Harrison Reed | Florida | 1868 | Convicted and removed from office; conviction subsequently overturned by Florida Supreme Court.[5] | |
| William Holden | North Carolina | 1870-1871 | Convicted on six of eight charges; removed from office and barred from holding public office again in the state.[6] | |
| Powell Clayton | Arkansas | 1871 | Charges withdrawn.[7] | |
| David Butler | Nebraska | 1871 | Convicted and removed from office.[8] | |
| Harrison Reed | Florida | 1872 | Left the state capitol after impeachment; legislature adjourned without voting on conviction; governor returned to office by the Florida Supreme Court.[5] | |
| Henry Warmoth | Louisiana | 1872 | Impeachment proceedings not completed before conclusion of term in office.[9] | |
| William Kellogg | Louisiana | 1876 | Charges withdrawn.[10] | |
| Adlebert Ames | Mississippi | 1876 | Resigned before the completion of impeachment proceedings.[11] | |
| William Sulzer | New York | 1913 | Convicted and removed from office.[12] | |
| James Ferguson | Texas | 1917 | Resigned before the completion of impeachment proceedings.[13] The Senate voted for his removal despite his resignation.[14] | |
| John Walton | Oklahoma | 1923 | Convicted and removed from office.[15] | |
| Henry Johnston | Oklahoma | 1929 | Convicted on one of 11 charges and removed from office.[16] | |
| Huey Long | Louisiana | 1929 | Impeachment trial cancelled owing to lack of support among state senators.[17] | |
| Evan Mecham | Arizona | 1988 | Convicted and removed from office; later acquitted of all charges during criminal proceedings.[18] | |
| Rod Blagojevich | Illinois | 2009 | Convicted and removed from office.[19] | |
See also
External links
- National Conference of State Legislatures, "Separation of Powers—Impeachment," accessed November 3, 2017
- Connecticut Office of Legislative Research, "Constitutional and Statutory Impeachment Provisions in 50 States," February 2, 2004
Footnotes
- ↑ National Governors Association, "Governors' Powers and Authority," accessed November 3, 2017
- ↑ Connecticut Office of Legislative Research, "Constitutional and Statutory Impeachment Provisions in 50 States," February 2, 2004
- ↑ National Conference of State Legislatures, "Separation of Powers—Impeachment," accessed November 3, 2017
- ↑ National Governors Association, "Governor Charles Lawrence Robinson," accessed November 3, 2017
- ↑ 5.0 5.1 Florida Memory, "Letters Relating to the Efforts to Impeach Governor Harrison Reed During the Reconstruction Era," accessed November 3, 2017
- ↑ North Carolina Department of Natural and Cultural Resources, "Gov. Holden’s Impeachment Trial Began," accessed November 3, 2017
- ↑ National Governors Association, "Governor Powell Clayton," accessed November 3, 2017
- ↑ National Governors Association, "Governor David Butler," accessed November 3, 2017
- ↑ National Governors Association, "Governor Henry Clay Warmoth," accessed November 3, 2017
- ↑ Know Louisiana, "William Pitt Kellogg," accessed November 3, 2017
- ↑ Mississippi History Now, "Adelbert Ames: Twenty-seventh and Thirtieth Governor of Mississippi: 1868-1870;1874-1876," accessed November 3, 2017
- ↑ New York State Library, "Governor Sulzer Impeached," accessed November 3, 2017
- ↑ National Governors Association, "Governor James Edward Ferguson," November 3, 2017
- ↑ The Texas Politics Project, "James E. Ferguson," accessed May 31, 2023
- ↑ National Governors Association, "Governor John Callaway (Jack) Walton," accessed November 3, 2017
- ↑ Oklahoma Historical Society, "Johnston, Henry Simpson (1867-1965)," accessed November 3, 2017
- ↑ Politico, "Gov. Huey Long impeached in Louisiana, April 6, 1929," April 6, 2012
- ↑ The Washington Post, "Evan Mecham, 83; Was Removed as Arizona Governor," February 23, 2008
- ↑ National Governors Association, "Governor Rod R. Blagojevich," accessed November 3, 2017
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