Table 4.8

Impeachment Provisions in the States


FIPS State or other
jurisdiction
Governor and
other state
executive and
judicial officers
subject to
impeachment
Legislative body
which holds
power of
impeachment
Vote required for
impeachment
Legislative body
which conducts
impeachment
trial
Chief justice
presides at
impeachment
trial (a)
Vote required for
conviction
Official who
serves as
acting governor
if governor
impeached (b)
Legislature may
call special
session for
impeachment
01AlabamaHmaj. mbrs.S2/3 mbrs. presentLG
02AlaskaS2/3 mbrs.H(c)2/3 mbrs.LG
04Arizona✓ (d)Hmaj. mbrs.S✓ (e)2/3 mbrs.SS
05ArkansasHmaj. mbrs.S2/3 mbrs.LG
06CaliforniaHS2/3 mbrs.LG
08ColoradoHmaj. mbrs.S2/3 mbrs.LG
09Connecticut*Hmaj. mbrs.S✓(f)2/3 mbrs. must be presentLG
10Delaware*H2/3 mbrs.S2/3 mbrs.LG
12Florida*H2/3 mbrs.S✓(g)2/3 mbrs. present (h)LG (i)
13GeorgiaHS✓ (e)2/3 mbrs.✓ (j)
15HawaiiH2/3 mbrs.S2/3 mbrs.LG
16Idaho*H2/3 mbrs.(k)S2/3 mbrs.LG
17Illinois*H2/3 mbrs.S2/3 mbrs.LG
18Indiana*✓ (l)H2/3 mbrs.S2/3 mbrs.LG
19IowaHmaj. mbrs.Smajority of elected mbrs.LG
20Kansas*H(m)S2/3 mbrs.LG
21KentuckyHmaj. mbrs.S2/3 mbrs. presentLG
22Louisiana*H(n)S(n)LG
23Maine*Hmaj. mbrs.S2/3 mbrs. presentPS
24MarylandHmaj. mbrs.S2/3 mbrs.LG
25Massachusetts*Hmaj. mbrs.SLG
26Michigan*Hmaj. mbrs.S2/3 mbrs.LG
27Minnesota*Hmaj. mbrs.S2/3 mbrs. presentLG
28Mississippi*Hmaj. mbrs.S✓(r)2/3 mbrs. present (s)LG(u)
29MissouriHmaj. mbrs(t)(dd)(t)LG
30MontanaH2/3 mbrs.S✓(ee)2/3 mbrs.LG
31NebraskaS (v)maj. mbrs.(w)(w)majority of elected mbrs.LG
32Nevada*✓ (d)Hmaj. mbrs.S2/3 mbrs.LG
33New HampshireH (cc)maj. mbrs.S✓(cc)2/3 mbrs.PS
34New JerseyHmaj. mbrs.S2/3 mbrs.LG✓(aa)
35New MexicoHmaj. mbrs.S✓(p)2/3 mbrs.LG
36New York*Hmaj. mbrs.S2/3 mbrs. presentLG
37North Carolina*H2/3 mbrs.S✓(x)2/3 mbrs. presentLG
38North Dakota*✓(d)Hmaj. mbrs.S2/3 mbrs.LG
39OhioHmaj. mbrs.S2/3 mbrs. presentLG
40OklahomaSmaj. mbrs.H & S2/3 mbrs. presentLG
41Oregon (y)N/AN/AN/AN/AN/AN/AN/AN/A
42Pennsylvania*HS2/3 maj. mbrs.LG
44Rhode Island*H2/3 maj. mbrs.S2/3 maj. mbrs.LG
45South CarolinaH2/3 mbrs.S2/3 mbrs.LG
46South Dakota*Hmaj. mbrs.S2/3 mbrs.LG
47Tennessee*Hmaj. mbrs.S2/3 mbrs. (z)PS
48Texas*H (o)maj. mbrs.S2/3 mbrs. presentLG
49UtahH2/3 mbrs.S✓(f)2/3 mbrs.LG
50Vermont*H2/3 mbrs.S2/3 mbrs.LG
51Virginia*Hmaj. mbrs. presentS2/3 mbrs. presentLG✓(bb)
53Washington✓ (d)Hmaj. mbrs.S2/3 mbrs.LG(ff)
54West VirginiaHmaj. mbrs.S2/3 mbrs.PS
55WisconsinHmaj. mbrs.S2/3 mbrs.LG
56WyomingHmaj. mbrs.S2/3 mbrs.SS
11Dist. of Columbia* (p)N/AN/AN/AN/AN/AN/AN/AN/A
60American Samoa*(q)H2/3 mbrs.S2/3 mbrs.
66Guam* (p)N/AN/AN/AN/AN/AN/AN/AN/A
69CNMI* **H2/3 mbrs.S2/3 mbrs.LG
72Puerto Rico*H2/3 mbrs.S3/4 mbrs.SS
78U.S. Virgin Islands* (p)N/AN/AN/AN/AN/AN/AN/AN/A

Source:

The Council of State Governments' survey of governors' offices, 2022.

Key:

* Information from The Council of State Governments’ survey of governors’ offices and review of state websites, 2021.
** Commonwealth of Northern Mariana Islands
N/A – Not available
✓ – Yes; provision for.
✕ – Not specified, or no provision for.
H – House or Assembly (lower chamber).
S – Senate.
LG – Lieutenant Governor
PS – President or Speaker of the Senate
SS – Secretary of state.

Footnotes:

(a) Presiding justice of state court of last resort. In many states, provision indicates that chief justice presides only on occasion of impeachment of governor.
(b) For provisions on official next in line of succession if governor is convicted and removed from office, refer to Chapter 4, "The Governors."
(c) An appointed Supreme Court justice presides.
(d) With exception of certain judicial officers. In Arizona and Washington - justices of courts not of record. In Nevada - justices of the peace. In North Dakota - county judges, justices of the peace, and police magistrates.
(e) Should the Chief Justice be on trial, or otherwise disqualified, the Senate shall elect a judge of the Supreme Court to preside.
(f) Only if Governor is on trial.
(g) Except in a trial of the chief justice, in which case the governor shall preside.
(h) An officer impeached by the house of representatives shall be disqualified from performing any official duties until acquitted by the senate, and, unless impeached, the governor may by appointment fill the office until completion of the trial.
(i) Governor may appoint someone to serve until the impeachment procedures are final.
(j) Special sessions of the General Assembly shall be limited to a period of 40 days unless extended by 3/5 vote of each house and approved by the Governor or unless at the expiration of such period an impeachment trial of some officer of state government is pending, in which event the House shall adjourn and the Senate shall remain in session until such trial is completed.
(k) No person shall be convicted without the concurrence of two-thirds of there senators elected. When the governor is impeached, the chief justice shall preside.
(l) Judicial officers technically not impeached, but there are removal provisions provided for in the state constitution.
(m) No statute, simple majority is the assumption.
(n) Concurrence of 2/3 of the elected senators.
(o) House votes on articles of impeachment; Senate presides over impeachment trial to remove official.
(p) Removal of elected officials by recall procedure only.
(q) Governor, lieutenant governor.
(r) When the governor is tried; if Chief Justice is unable to preside, the next longest serving justice shall preside.
(s) No person shall be convicted without concurrence of 2/3 of all senators present. Miss Const. 1890 Art. IV § 52.
(t) All impeachments are tried before the state Supreme Court, except that the governor or a member of the Supreme Court is tried by a special commission of seven eminent jurists to be elected by the Senate. RSMo Sec. 106.030, 106.080. A vote of 5/7 of the court or special commission is necessary to convict. RSMo 106.180.
(u) It is implied but not addressed directly in Miss Const. 1890 Art. IV §§ 49-53.
(v) Unicameral legislature; members use the title "senator."
(w) Court of impeachment is composed of chief justice and supreme court. A vote of 2/3 present of the court is necessary to convict.
(x) Chief Justice presides if it is the Governor or Lieutenant Governor; otherwise , the President of the Senate presides.
(y) No provision for impeachment. Public officers may be tried for incompetence, corruption, malfeasance, or delinquency in office in same manner as criminal offenses.
(z) Vote of 2/3 of members sworn to try the officer impeached.
(aa) In the event of simultaneous vacancies in both the offices of governor and lieutenant governor resulting from any cause, the president of the Senate shall become governor until a new governor or lieutenant governor is elected and qualifies.
(bb) Two-thirds of both houses may call a special session for any purpose. The Senate may try impeachments in recess; the House may not impeach unless in session.
(cc) The governor and executive councilors have their own impeachment powers for certain officials. The chief justice only presides over the impeachment trial of a governor. In all other trials the senate president presides.
(dd) Chief justice presides as presiding officer of Supreme Court, but the entire court hears the case if not governor or member of supreme court. Art. V, Sec. 8; RSMo Sec. 106.030. The independent commission elects its own president. RSMo Sec. 106.090
(ee) Chief justice presides if the Governor or Lt. Governor is on trial
(ff) Information not provided