In Topeka (Shawnee County), Kansas, the mayor is subject to recall under state law (Kansas Statutes Annotated 25-4301 et seq., grounded in the Kansas Constitution). There is no indication that Topeka's city charter overrides or significantly alters the standard process for local elected officials like the mayor.
Grounds for Recall
Recall isn't limited to felonies. Kansas law specifies these grounds for local officials (including mayors):
- Conviction of a felony.
- Misconduct in office — A violation of law by the official that impacts their ability to perform official duties.
- Failure to perform duties prescribed by law.
The grounds must be described specifically in the petition (in not more than 200 words). The district attorney reviews them for sufficiency (a low bar — insufficiency of grounds generally doesn't invalidate a recall that reaches voters). Policy disagreements, unpopularity, or minor issues typically wouldn't qualify; it needs to tie to legal violations, non-performance of duties, or felony conviction.
Step-by-Step Process to Start a Recall Petition
Form a recall committee: At least 3 registered electors (voters) from the election district (Topeka for mayor).
Prepare the petition: It must include the mayor's name/office, specific grounds (≤200 words), a statement that signers are registered Topeka voters, committee members' names/addresses, required warnings, etc. Use the official form or substantially similar. Legal counsel is strongly recommended.
File a copy before circulation: Submit to the Shawnee County Election Officer (in Topeka). They send it to the district attorney for a quick review (within 5 business days) of grounds and format.
Timing restrictions: Cannot start in the first 120 days or last 180 days of the term. Other limits may apply (e.g., after a failed recall).
Circulate for signatures: Up to 90 days. Must gather valid signatures equal to 40% of the votes cast for that office in the last general election for mayor. This is a high threshold.
- For example, in the 2025 Topeka mayoral general election, the winner received over 12,000 votes. 40% of recent turnout would likely require thousands of valid signatures from registered Topeka voters.
File the completed petition: Shawnee County Election Officer verifies signatures (30 days). If sufficient, a recall election is scheduled (typically 60-90 days later, avoiding conflicts with other elections).
If successful, the mayor is removed, and a successor is chosen (either at the same election or via appointment/election rules).
Practical Realities
- High bar: The 40% signature requirement for local recalls is demanding compared to many states, making successful recalls rare without broad, organized support and strong grounds.
- Not just felonies: Misconduct or failure to perform duties can suffice if well-documented and tied to official impact.
- Costs and effort: Organizers handle petitioning; verification and election costs fall on the county/city. Courts can get involved on challenges.
- Contact for details: Reach the Shawnee County Election Office (Topeka) for forms, exact signature numbers based on the last election, and guidance. They provide samples.
This is a summary of public statutes and procedures — for your specific situation, consult the county election office or an attorney, as details like exact signature counts depend on the prior election's turnout. Recalls are serious and resource-intensive.
