When is the recall put to the vote?

Constitution of Tuvalu

(Adopted on 1 October 1978)

http://www.tuvaluislands.com/const_tuvalu.htm

Article99. Recall of incapacitated member
(1) If more than 50 per cent of the persons who are registered as electors forParliamentary elections in an electoral district sign a petition to the Head ofState stating that a member of Parliament for that district is unable toperform properly the functions of a member because of infirmity of body ormind, the succeeding provisions of this section apply.

(2) If the Head of State, acting in his own deliberate judgment, is satisfiedthat-

(a) apetition delivered to him complies with subsection (1); and

(b) itis desirable in the interests of the good government of Tuvalu that thequestion of removing the member should be investigated,

theHead of State, acting in accordance with the advice of a professional medicalbody outside Tuvalu approved by an Act of Parliament for the purpose, shallappoint two or more medical practitioners who are legally qualified to practisemedicine either in Tuvalu or elsewhere to investigate the question of thecapacity of the member.

(3) The persons appointed under subsection (2) shall investigate the questionand make a joint professional report to the Head of State personally.

(4) If after considering the report the Head of State, acting in his owndeliberate judgment, is satisfied that it is desirable in the interests of thegood government of Tuvalu to do so, he shall, acting in his own deliberatejudgment, by written notice to-

(a)the Speaker; and

(b)the member,

declarethe seat of the member concerned to be vacant.

The petition forrecall does not lead to a vote of the electorate, but triggers, instead, adiscretionary process, overseen by the ‘Head of State’ (the Governor-General)to investigate and approve the recall of an Minister of Parliament for medicalinfirmity.