California: Op-ed on Alameda County District Attorney recall -- and push for earlier elections

Here's an op-ed we wrote on the "recall roulette" that has been played in Alameda, with the clerk using a mix of both county and state rules (following Measure B) in the recall effort against Alameda DA Pamela Price, which could lead to legal challenges... which may be happening.

The recall proponents are pushing for a recall to be scheduled immediately, as they are concerned that the County Supervisors delay will push the date of the recall to Election Day (under the state law, the recall can be delayed 180 days if it can be tied into a regular Election Day). 

Price's attorney is arguing that the signatures needed to have been counted within 10 days, which we discuss in-depth. Price's supporters are also arguing that the recall should be tied with Election Day as a cost savings measure.

California: Petitions taken out against Fairfax officials

Petitions have been taken out against Fairfax Vice Mayor Lisel Blash and Councilmember Stephanie Hellman (the rest of the council is facing reelection). The issue seems to be their support for rent control and a development plan. 

Petitioners need about 1500 signatures in 90 days.

Maine: Milo Select Board members facing recall effort

Milo Select Board members Eric Foss, Susan Libby and Donald Banker are facing recall efforts over a conversation that they had in the hall (which was caught on tape) where they discuss personnel, including a push to remove the city manager. Under city rules, the meeting is a violation of the Open Meeting Act. 

Petitioners would need 10% of registered voters.

California: Report on funding for Orange Unified School Board recall

More than 85% of the donations in the Orange Unified School Board members recall were donated by individuals giving an average of about $450 (the rest was from the teachers' union). About 10% of the individual donors were worked in the school system. The total raised was $227,000 from about 400 people. 

On the other side of the ledger, the opponents of the recall was $260,000, with about a 1/3rd from 115 individual donors and the rest from conservative groups.   

Board members Madison Klovstad Miner (27,674-24,113) and Rick Ledesma (27,782-23,888) lost their races. The recall is over the firing of the school superintendent with no explanation.

The school board members were part of a conservative 4-3 majority and the firing was over complaints about policies to prevent the spread of the coronavirus pandemic and critical race theory.

Georgia: Athens Mayor calls for court to stop recall effort

Athens Mayor Kelly Girtz is asking a court to stop the the recall effort against Girtz and presumably those against Clarke County Sheriff John Q. Williams and Western Judicial Circuit District Attorney Deborah Gonzalez. Georgia is a Malfeasance Standard/Judicial Recall state, so it is not clear that they have the for cause requirement handled.

The recall moved past the initial stage, with petitioners needing 100 signatures minimum (They handed in 159 for Gonzalez, 126 for Williams and 118 for Girtz).

Petitioners have 45 days to collect 30% of registered voters in the last election for the office -- which will be over 5000 for each (each one has a different last election -- the DA was elected in a special election on December 1, 2020). Because this is registered voters, not turnout, having lower turnout in a special or municipal election wouldn't matter.

There are also threats of recall efforts against 10 district commissioners, though each must be launched from a petitioner in their own district. The first one, against Commissioner Melissa Link, failed as the lead petitioner does not live in that district.

The recall is over the high-profile murder of a nursing student by an undocumented Venezuelan immigrant that has grabbed national attention. In 2019, the county issued a statement on welcoming people from all lands and backgrounds as well as denouncing white nationalists and xenophobes. The lead petitioner is apparently well known after being charged in 2016 after he allegedly "became irate when his wife put too much cheese on his grilled cheese sandwich." 

Michigan: Grant Public School Board Members face May 7th recall

The recall election against two Grant Public Schools Board of Education members Rachal Gort and Richard Vance is set for May 7th.  There were also recall attempts against Sabrina Veltkamp-Bol and Ken Thorne (the other seat was opened). Petitioners are still attempting a recall against Veltkamp-Bol (Thorne is on the November ballot. 

The recall is over their votes to end a partnership with a health center that works in the middle school. The vote may have been because of a mural that features LGBTQ+ "witchcraft" and "Satan" imagery. The artist has stated the images are from video games and Hispanic culture. The superintendent also resigned, possibly under pressure.

Petitioners need 1091 in 60 days. 

Kosovo: Recalls of four mayors fails due to turnout requirement, as only 253 voters show up

The recall effort against four  mayors in the northern area of Kosovo (Mayors of Leposavic, Zubin Potok, Zvecan and North Mitrovica) on April 21 failed, as only 253 people showed up (out of 46,000 registered voters. They needed 50 percent turn out.

This seems to be a battle between the Prime Minister and the chief of the Srpska Lista party, Zlatan Elek over the vote. Western embassies weighed in and called on voters to vote in the recall and not boycott it.

New Mexico: Santa Fe Mayor facing recall threats

Santa Fe Mayor Alan Webber is facing recall threats, as an "Inn on the Alameda" owner, who appears to complain about loud cars, put an ad in linking to an old Change.com petition. The change.com petition was over the destruction of Soldiers' Monument in 2020.

Petitioners would need over 8000 signatures to get a recall on the ballot. Here's a column noting the challenges that recall petitioners would face in the city.

Michigan: Petition language approved against Flint councilmember

Recall language was approved against Councilmember Dennis Pfeiffer, making him the third Flint Councilmember to have active petitions outstanding. There are also attempts many other officials in Flint. The claim against Pfeiffer is "conduct unbecoming a councilmember."

Petitions have also been approved against Flint Council President Ladel Lewi and Quincy Murphy.

Petitioners would need 883 signatures for Pfeiffer, 751 for Lewi and 513 for Murphy.

The recall seems to be over a long running battle, with the focus on a community grant program, approval of Brownfield Plans and how revenue is allocated.

A recall against Flint Councilmember Eva Worthing got on the ballot, but she has announced that she is not running in the May 7th vote.  

Worthing called out four other councilmembers, led by Eric Mays, against whom there were recall efforts. The four were Pfeiffer, Eric Mays, Jerri Winfrey-Carter and Tonya Burns.

The anti-Mays forces claim that Mays and another councilmember called a meeting that they others did not attend over the question of applying for a community grant program funding. Mays has also been charged with disorderly conduct for conduct at the council meetings that has apparently gone viral.

Recalls were also filed against councilmember Judy Priestley (with two filed against Priestly). Former Council President Allie Herkenroder already announced that she was resigning her seat last year. 

Oregon: Douglas County Republicans Recall six executive board members

Douglas County Republicans recalled six members from the executive board, Vice Chair Michaela Hammerson, delegates Todd Vaughn and Terry Noonkester and alternate delegates Cathye Curreri, Steve Hammerson and Loretta Johnson. It seems like the vote was 118-10. It seems like the removed members are accused of disrupting meetings and looking for primaries against sitting GOP elected officials. 

Florida: Mexico Beach Mayor ousted

Mexico Beach Mayor Michele Miller was ousted in a recall vote, 348-207. Miller has sued the City Council members for hiring the City Administrator and making the sole recordkeeper. The recall claims that she violated Sunshine laws.

Miller was replaced by Richard Wolff, who defeated Erik Fosshage 290-206.

A lawsuit against the recall claiming that the petition allegations are false was rejected. 

California: More wrangling over Alameda County DA recall

Some more follow-up articles on the Alameda District Attorney Pamela Price recall.

The campaign is pushing for a special election to take place before the November general election, though the article doesn't note if it is due to the charter provision requiring one in 35-40 days or the state law passed by Measure B giving 88-125 days (but extending to 180 if it can be tied in with a general election). 

Additionally, while still no word from the Clerk, the recall proponents have made it clear that they believe the odd "occupation" requirement is responsible for the high rejection rate, and if that were not included, there would be over 100,000 valid signatures. 

On the other side of the ledger, the Price campaign is arguing that the Registrar didn't verify in 10 days and that the fact that the county rejected the (likely unconstitutional) all signature-gatherers must be county residents provision should result in the recall be invalidated. 

Here's some other articles which include my comments:

Illinois: Referendum started for Chicago Mayoral Recall law

A new push is on to put a referendum on the November 5 ballot to adopt a Mayoral Recall law in Chicago. Petitioners would need 56,464 signatures by August 5. 

California: Calexico Councilmembers trailing badly in recall votes

Councilmembers Raul Urena and Gilberto Manzanarez  appear to have lost their April 16 recall election (it was a special), though new votes can be coming in. Right now, Urena is losing 2774-974 and Manzanarez is down, 2709-1022, both losing with more than 72% against. 

The issue is a claim of poor leadership, though one of the big issues is that Urena was Calexico's first transgendered mayor and has pushed for progressive-focused policies. 

Mayor Gloria Romo, who is an ally of Urena and Manzanerez) has been served with recall petitions as well moments after taking the job. 

The Los Angeles Times has a deep look at the Calexico recall fight (with some of my comments included).

Louisiana: Petitions taken out against St. Tammany Parish Coroner

Petitioners have been taken out against St. Tammany Parish Coroner Christopher Tape, who refused to step down before his term begins. 

Petitioners are now claiming that they will start a recall effort against him. The recall is over sex abuse allegations that were dismissed in 2003 over a claim of a violation of a right to a speedy trial. Tape was fired by the previous coroner over claims of violating the confidentiality policy.

Petitioners need more than 38,000 signatures to get on the ballot.

10 years ago, St. Tammany Parish Coroner Peter Galvan resigned during recall efforts over theft.

California: Alameda District Attorney recall makes the ballot

It looks like the recall is a go in Alameda County District Attorney Pamela Price, though let's expect a bumpy ride ahead. Alameda County Registrar of Voters announced that the petitioners got enough signatures to make the ballot. Petitioners handed in 123,374 signatures and got 74,757 valids. They needed 73,195.

First, a word on the success (or failure) rate. The 60.5% validation rate seems low and we have not seen a breakdown yet. But (from what I've heard) it appears that the reason for the failures may be due to the Alameda charter law that requires signers to state an occupation. So it may be under normal rules, the signature total would be much higher, which would limit a lawsuit here. 

Unfortunately, the press release also doesn't explain why they tossed out signatures (which is pretty critical). Price's team was discussing a challenge over out of district signature gatherers (banned by the county law). The problem is that a Supreme Court decision, Buckley v. ACLF seems to wipe out that provision. Note that recalls are considered a ballot measure by California rules (though not by any case that I know of -- the question is an important for campaign finance issues). 

Also unknown is if Price's team would try to use signature strike effort, whereby signers can withdraw their signature from the petitions (that law was adopted in 2017). This is not provided for under the old charter, but it would be interesting to see if they would try it. The existing charter also has a 10 day cure period (the language is unclear) if the signatures don't meet the requirements, so if there is a challenge, the petitioners would presumably be able to try and get more signatures. 

There are other possible challenges that could be made. Alameda Charter required that the signatures be fully counted in 10 days. The county used a statistical sampling method, which the state law for localities (though not for state-level officials) allows for the sample method, Alameda does not seem to have any such provision. Alameda's Measure B, adopting this law (full discussion of what the law does here), but it seems like it was not  operative for the counting. It's not clear to me why they were allowed to do the sampling method, but it's possible that no one will challenge, so that is that. 

There are other areas for potential lawsuits, including when the recall will actually be scheduled and whether or not there is a replacement race or instead that the Supervisors appoint a successor. This depends on whether or not Measure B or the old charter is the operative law. But let's see what happens