Could Rep. Tricia Cotham be recalled? What can and can’t happen under NC law

Mecklenburg County Rep. Tricia Cotham’s decision to switch parties, from Democrat to Republican, has triggered calls from some for her to leave or be removed from office.

But options are limited under North Carolina law.

Her flip gives the GOP a supermajority in the NC House, making it potentially easier for Republicans in the legislature to overturn vetoes from Democratic Gov. Roy Cooper on contentious issues.

Cotham, who comes from a long line of Democratic political figures and previously served in the statehouse from 2007 to 2016, represents the 112th House District, which includes parts of east Charlotte and Mint Hill.

Here’s what to know about what can and can’t happen in the wake of Cotham’s party flip:

Could Tricia Cotham be recalled?

Cotham cannot be recalled because the state doesn’t have “a provision in the law for a recall,” according to Kristin Mavromatis with the Mecklenburg County Board of Elections.

“She will serve out her term and they can vote her out in 2024,” she said.

Only 19 states have laws allowing state officials to be recalled, the National Conference of State Legislatures says.

Calls for resignation, donations returns

Although recalling Cotham is not an option for North Carolina voters, there have been multiple calls for her to resign from her seat in the legislature.

“I’m very troubled that we’re handing a supermajority to the Republicans through deceit,” Mecklenburg County Commissioner Susan Rodriguez-McDowell said Tuesday night. “I’m sickened by it.”

The LGBT rights group Equality North Carolina is calling on voters to send emails to Cotham telling her to resign from office.

“Tricia Cotham sought ENC’s endorsement in 2022 affirming that she held values consistent with our own,” the group’s petition says. “Since then, she has betrayed those values, voting against equality by supporting legislation that targets the rights of marginalized communities.”

Jane Whitley, chair of the Mecklenburg County Democratic Party, has also called on Cotham to return campaign donations.

“Let’s contact Tricia Cotham to get our money back. You won’t be able to get your time back, but you can get your money back,” she said at a Tuesday news conference. “Ask for her to refund your contributions.”

This story was originally published April 6, 2023 at 10:47 AM with the headline "Could Rep. Tricia Cotham be recalled? What can and can’t happen under NC law."

Mary Ramsey

The Charlotte Observer

Mary Ramsey is the local government accountability reporter for The Charlotte Observer. A native of the Carolinas, she studied journalism at the University of South Carolina and has also worked in Phoenix, Arizona and Louisville, Kentucky. Support my work with a digital subscription