Oregon: Elgin Mayor survives recall by 12 votes

Here's a fuller account of the Elgin Mayor recall. The mayor, John Stover, won by 12 votes, 239-251. His term expires in December. The recall was precipitated by questions of police performance issues, specifically a police shooting in the midst of a domestic disturbance call.

Michigan: Turnout falls 22% in replacement vote to fill recalled Rep seat falls

The race to fill Paul Scott's seat saw a 22% drop in voter turnout from the November recall (going from 31% to 24%)

Minnesota: Editorial extolling state's malfeasance standard

Here

Washington, DC: Still close in the Advisory Neighborhood Commission recall

This article claims that yesterday's Advisory Neighborhood Commissioner recall could still go the otherway, though it seems like it will be quite a hill to climb for commissioner Doug Smith. The recall went 75-59, but there are 16 absentee ballots and 8 special ballots outstanding (won't know the results till March 9). If all of those ballots are counted, he would need 20 to survive (I'm presuming a tie goes to the elected official, maybe I'm wrong?) 

The article notes that:

This will be only the fifth time in the last two decades that such a move would have succeeded. Unlike recalling a citywide official, attempting a recall against an ANC commissioner isn't hard—according to the elections board, recalls against ANC commissioners have been tried some 32 times since 1992.

Texas: San Benito considers lower signature requirements

A City Charter Review Committee is discussing lower signatures requirements for recalls. Two members are saying that lower the requirements would make it to easy to get on the ballot, though others say that the current requirements are to difficult.

Currently, the city requires signatures from 25% of all registered voters and an additional kicker -- at least 60% of those 25% had to have voted in the last election.

I have to admit, I'm a bit confused by the article and proposed changes, as it talks about raising the requirement to 35% of voters, but then talks about a low turnout election making it too easy to get a recall on the ballot (which would only be the case if they are using a voter turnout, not registered voter formula).


Part of the backstory is that Mayor Joe Hernandez feels that the committee is proposing the changes to launch against him.

The piece does gives this nice study of other Texas jurisdiction's signature requirements:

In Harlingen, signatures from 15 percent of registered voters are required to order recall elections, while Los Fresnos requires signatures from 25 percent of voters who cast ballots in the last election, according to a study released by Passement.

That study also shows that numbers vary by city.

Mission requires signatures from 30 percent of voters who cast ballots in the last city election and South Padre Island requires signatures of 20 percent of voters, but not less than 500 votes. The number in Mercedes is 33 percent of voters who cast ballots in the last election or 500 voters, whichever is greater, the study shows.

In Port Isabel, signatures from 20 percent of voters who cast ballots in the last election are required, but not less than 200 votes, while San Juan requires signatures from 10 percent of voters who cast ballots in the last election, but not less than 200 votes, the study shows.

California: KPFA Board member and volunteer treasurer faces recall threats

The board is not sending petitions out, causing a complicated fight.

Oregon: Elgin mayor appears to survive close call

Elgin mayor John Stover appears to have survived his recall race, 239-251.

Michigan: Republican wins State Rep Replacement vote

Calling into question the value of the recall of Paul Scott, voters elected Republican Joe Graves in the replacement vote, beating the Democrat 52-42%.

Michigan: Morrice Village Trustee survives recall

First recall survivor of the night -- Morrice Village Trustee Christine Williams, who was accused of removing election material from house doors. Vote was overwhelming, 35-112 (76%).

Washington, DC: Advisory Neighborhood Commission member ousted

Douglas Smith, a member of the Advisory Neighborhood Commission in district 4B04, was ousted in a recall tonight, 75-59 (56% -- 44%).

Michigan: Tekonsha Village Council member kicked out in recall vote

Village Council member Howard Riggs lost his recall vote tonight, 49-89. Riggs was recalled after complaining about a plan to appoint the girlfriend of the Village President to an open seat (which had just been vacated by the  same Village President's ex-wife). Riggs has backed away from his threat to launch a recall of the Village President, due to the timing (which would be a recall in August, followed by a vote in November.

Kansas: Basehor Mayor, City Council members lose recall vote

Basehor Mayor Terry Hill and City Council members Dennis Mertz and Iris Dystart were all ousted in recall votes today. Turnout -- not including early ballots -- was 26.5%, which was higher than any local election since 2005 (the last election saw 18% turnout). Hill lost 65%-35%, Mertz 61-39, Dytart 59-41.

Wisconsin: Man arrested in falsification of signatures in Wanggaard rrecall

Here

Florida: Haines City Recall goes up to Appellate Court

The Haines City recall, which was stopped by a court under the failure to meet malfeasance claims, is seeing that ruling appealed to the 2nd District Court of Appeals.

Minnesota: Supreme Court tosses out Wabasha County Commissioner recall

The Minnesota Supreme Court has tossed out the attempt to recall Wabasha County commissioner Deb Roschen. Minnesota is a "judicial recall" or "malfeasance standard" state, and the court ruled that the charges did not meet the  “malfeasance in office" standard.

Petitioners collected more than 500 signatures, they needed 415.

The petition brought four charges against Roschen: That she attempted to fire a county employee, made defamatory statements against county workers, attempted to pass measures without public notice and threatened to cut sheriff’s department funding.
If those allegations constituted malfeasance, the Supreme Court could have called for a public hearing to determine whether the charges were true and whether a recall election was needed.

Alaska: Wasilla Council Seat still not filled

The seat is to be filled by appointment, but the council hasn't come to an agreement on a replacement.

Georgia: Recall against Athens mayor tossed out

The Board of Elections claims that the petition to recall Mayor Nancy Denson (Not the full petition, just the request to start the signature gathering process) because the petition only had 75 valid signatures (needed 100). The petitioners handed in 115.

California: San Andreas Board of Supervisor's member targeted in recall attempt

Here

Arizona: Mayoral Tombstone Blues -- March 13 date set for recall

We'll check and see if the city fathers' endorsed this, but the Mayor of Tombstone Jack Henderson is facing a recall vote on March 13. Petitioners collected 162 signatures. It sounds like the recall started on the first day possible. The opponent is Stephen Schmidt, the owner of Johnny Ringo's Bar, who will try to avoid the fate of his establishment's namesake.

Wisconsin: Recall race very tight

Latest poll out shows Walker down. Barrett would be the strong front runner in a Democratic primary.

Idaho: Caldwell School Board recall scheduled for March 13, despite criminal investigation

The recall of Caldwell School Board member Sheila Harris is scheduled for March 13, 2012, despite an ongoing criminal investigation claiming that the organizer, Dawna Laird, failed to comply with certain necessary provisions of Idaho law. 

The petitioners claim that the recall was launched because Harris ran for the board despite having an ongoing lawsuit against the district (which was since dropped).

Wisconsin: What happens if the Governor resigns before or during the recall?

Most recall law provide for a resignation period (in this case 10 days) for the official to resign to ward off the recall. What happens if they resign after that period? While I think the chance of this happening for Walker is beyond remote, in general this is not just an academic question -- we saw a similar instance in a Colorado school board case this year.

According to this reporter at the Capitol Times (who uses the John Doe investigation as a jumping off point:


If Walker resigned within 10 days of the recall petitions being certified by the GAB, he would not be on the ballot and other Republicans would be able to vie for the nomination in a primary. Meanwhile, Lt. Gov. Rebecca Kleefisch would become governor and could appoint a new lieutenant governor. Nothing, however, would stop the recall election from going forward.
The winner of the gubernatorial election would assume the office.
However, if Walker were to resign more than 10 days after the recall petitions are certified, his name would still appear on the ballot. Assuming voters would not favor an indicted, resigned governor, Republicans would likely be forced to mount some type of write-in campaign to try to prevent the Democratic nominee from being elected.

Montana: Troy mayor receives injunction to stop recall

He argued that the recall petition didn't state a specific charge of misconduct.

Texas: Daunting obstacles facing the El Paso Recall

Here

The Walker Recall: What to Expect When You're Expecting a Recall -- Dairy State Demolition Derby Edition

With the news that Scott Walker is not going to challenge the signatures, the gubernatorial recall is going forward. The Wisconsin GAB is set to rule today on  all six recalls -- against the Governor, Lieutenant Governor, and four Republican state Senators -- have qualified for the ballot. From numerous press reports, and from the past history with signature verification, the recalls are very likely to be approved. The only recall that is in any doubt is against the Majority Leader of the Wisconsin state Senate, Scott Fitzgerald. 

This would represent the second year in a row that we are staring at an unprecedented use of the recall. This recall could have an effect well beyond Wisconsin. There are potential dangers for both sides. 


Let's look at some of the history and background on the use of the recall:

Gunning for the Governor: A brief history

As has been well documented, the Walker recall would be only the third recall of a US Governor to get on the ballot in US history. The first was in 1921, when North Dakota's Lynn Frazier (Non-Partisan League) was ousted. The second was against California Governor Gray Davis (Democrat) in 2003. Additionally, a recall was approved against Arizona Governor Evan Meacham (Republican) in 1988, but Meacham was impeached and removed by the legislature on the day the signatures were verified.

Despite the fact that gubernatorial recalls rarely get on the ballot, there have been tons of attempts to recall Governors. Before Davis got on the ballot, there were 31 recall attempts against a California Governor (we are now up to 45 attempts). And in the last few years, recalls have been started against Governors in Michigan, New Jersey, Nevada, Arizona and Louisiana. None have gone anywhere.


Where does the Walker signature campaign stack up to past efforts? The recall proponents gathered 1 million signatures in 60 days. In the Davis recall, proponents gathered 1,660,245 in 160 days (in a vastly larger state). Also as a comparison, the failure rate in the Davis recall was 18% which is pretty much par for the course.


2nd in Commands:
Rebecca Kleefisch is the first Lieutenant Governor in the nation to face a recall vote. It appears she will be only the third non-governor to face a recall vote on the state level (the other two were both in North Dakota in 1921).


There has been much discussion about the law of recalling a LG -- some argued that the LG would be automatically included in a recall of the Governor. The Democrats did not play around with lawsuits, and instead got the signatures.


Not Just Another State: Dairy Demolition Derby

From 1908 (when Oregon became the first state to adopt the recall for state level officials) to 2010, there were 21 state legislative recall elections in the entire country. Last year, there were 11, with nine of them taking place in Wisconsin. 

Previously, the maximum recalls in one legislative session were three in California in 1995. Michigan in 1983 (taxes) and Idaho in 1971 (pay raise) both had two at once.


Flipping the Legislature

If just one of the Republican state Senators lose their seat, the party will flip from Republican to Democrat. Based on past history, should we expect voters to shy away from switching party control of the Senate? Nope! There have been four recalls (four or five if you want to count California in 1995 multiple times, which we won't) that could have switched the legislature (Washington 1981, Michigan 1983, California 1995, Wisconsin 1996). All  but the one in Washington succeeded.

You have selected Regicide
If the Fitzgerald recall qualifies, he will be the fourth state legislative leader to face a recall. The first was California President Pro Tempore David Roberti in 1994. The second was Michigan House Speaker Andy Dillon in 2008. Both of men triumphed. See the details here.


The third was Arizona Majority Leader Russell Pearce, who was kicked out of office on November 8 in a bitter recall battle. Perhaps worth noting is that Pearce lost to a Republican (Arizona does not have a primary, and the recall is just an all-in affair).


There was one other recall of a legislative leader, though the circumstances were so bizarre that it has to be separated out. Without going into too much details about the California recall wars of 1995, Republican Doris Allen backed the Democrats in a closely divided Assembly that had already seen two recall votes. Allen was elected Speaker of the Assembly and served for a little over 3 months, but she stepped down before her recall. She lost her recall race.


Winning isn't the only thing, it's everything

As a general rule, recalls are very successful. There's no hard and fast numbers, but most politicians seeking reelection win -- it may be at a 75-85% clip. Obviously, that is a self-selecting group of people who are popular enough to run for reelection, but it is still a powerful statistic. Recalls turn that number on its head. Last year, there were 151 recalls in the country -- 85 resulted in the removal. Both Governors who faced recalls, in addition to the North Dakota AG and Agriculture Commissioner were removed.


Among the 32 state legislative recalls, 17 were successful. However, that statistic may provide some comfort to Republicans. Last year, 7 of the 9 Wisconsin recalls failed. 

Recall Explosion

As others have stated, the last few years has seen a recall boomlet -- as mentioned above, last year, there were 151 recalls. Most credit/blame the recession, but recall use has probably been growing for at least the last thirty years (Before last year, 14 of the 21 state legislative recalls have been since 1981). I cite technological changes as a major driver in the recalls growth.

Ain’t Misbehaving:

Despite the widespread belief that the recall is only suppose to be used for criminal conduct and malfeseance, only four of the state legislative recalls could claim to be based on conduct. The rest were on policy votes and politics.

Recall Defenses: 
Do voters care if the recall is perceived to be instigated by a political party or by an interest group? Check here for some thought.

Campaign finance

Wisconsin has an unusual campaign finance law for the recall – no limit on donations. Wisconsin isn't the only state to have a very different campaign finance law for recalls, as Washington State and Arizona shows. The result may be the most expensive race in the country, with analysts suggesting a $100 million price tag.


Last year's state legislative recalls resulted in the most expensive legislative races in Wisconsin history -- $44 million was spent on those 9 races. By comparison, $20 million was dropped on all the Wisconsin legislative race in 2010, and $37.4 million on the Governor's races. Not a surprise -- in 1981, the recall of Washington State state Senator was found to be the most expensive state legislative election in that state's history.
Anyone with any sense has already left town? 


No Roger, No Rerun, No Recall?


Milwaukee Mayor Tom Barrett, the losing Democratic gubernatorial candidate in 2010, is considering running in the recall against Governor Scott Walker. Most recalls are not reruns. Of the 32 state legislative recalls, only two were rematches.That being said, just last week the Sheboygan mayoral recall featured a rematch.


The Buyin' Power of the Proletariat's Gone Done


Rather than unify around one candidate, it looks likely that there will be a big battle for the Gubernatorial nomination. The unions, who can be credited with getting the recalls on the ballot, seem to be backing Kathleen Falk. Will they prove their strength in a primary? 


The Primary could be a real factor in this election, as some of the candidates running may not face primaries. So, we could end up with two elections dates. How will that affect election? 

Will there be lawyers?
You better believe there will be lawyers.

And finally, some consolation for the electoral losers. North Dakota Governor Lynn Frazier was the first Governor to be recalled back in 1921. He was elected to the first of the three US Senate terms 18 months later.

Recall's Oscar moment

Might as well rerun this early post:

Unsurprisingly, despite Arnold Schwarzenegger’s leading role, the recall has not received much attention in the world of Hollywood. While The Simpsons once had a recall Mayor Quimby episode, two recent Best Picture nominees have an intersection with key recalls.

Milk was about San Francisco City Supervisor Harvey Milk, who was assassinated along with Mayor George Moscone on 1978. Moscone was succeeded by Dianne Feinstein. Four years later, Feinstein faced a recall (which she defeated with 81% of the vote)  – probably the most famous recall in the country’s history before Gray Davis. We’ll deal with the Feinstein recall in some depth later on, but worth noting here.

L.A. Confidential, set in the 1950s, is believed to have used as inspiration the famously corrupt mayoral reign of Frank Shaw. Shaw was recalled in 1938 (after downplaying a devastating LA River flood). 

Wisconsin: Senate Majority Leader gets challenger in recall effort

Lori Compas, who organized the recall against Senate Majority Leader Scott Fitzgerald, is set to run against him if it gets on the ballot.

Nebraska: Fourth Dodge School Board member ousted

Allen Rolf, a fourth Dodge School Board Member was removed in a recall vote on January 31st -- 234 voted to recall, 140 to retain. Here's some earlier coverage of the first three members to be kicked out.

Wisconsin: More details on the Sheboygan mayor recall

Turnout in the recall runoff (appears to be about 11,350) was higher than in Bob Ryan's original April 2009 victory (10,464). The winner of the race was Terry Van Akkeren, who lost to Ryan in 2009 by 59%-40%. This time, Van Akkeren triumphed 53-47. Note that the runoff appears to have 1500 more votes than the first round.

Arizona: Poll shows Governor would easily defeat recall

Not that one's getting to the ballot.

Oregon: Elgin Mayoral recall next week

The city may hire a new police chief (right now, it's doesn't have any officers), but Mayor John Stover will still face a recall next week. The issue was a shooting death that led to the resignation of the old police chief.

Washington, DC: Advisory Neighborhood Commissioner faces recall on February 28

Recall Election set for Ward 4 Advisory Neighborhood Commissioner Douglas Smith -- February 28

Wisconsin: LaFollette files papers to run

Secretary of State Doug LaFollette has filed papers to run in the recall. LaFollette's great-grandfather was "Fighting Bob" Lafollette's brother -- and we'll get into the history of the recall soon.

Michigan: Special Election to Fill Paul Scott's seat to be held on Thursday

It would be interesting if the Republican won, though the Democrat has more money at this point. We'll follow this next week.

Missouri: Eureka resident trying to recall officiers of the Legends South Community Services Organization Homeowners Association

Here

Michigan: Language for Troy Mayor recall filed

This is one to watch, especially as the mayor is accused of making anti-gay comments on Facebook.

Wisconsin: Questions on recall polls

Here

Kansas: FAQ on Basehor recalls

Right here -- the reporter did a great job on this piece. Note that there are three recalls started by two separate groups. One is against the Mayor (Hill), the others are against the two city council members.   There are some strange potential results of these recalls:

If Mertz, Dysart or both are recalled but Hill remains in office, then Hill will appoint new members to replace them, with approval from the remaining city council members. If Hill is recalled and Mertz is not, then Mertz will become mayor because he is the current city council president. He would then have the authority to appoint a replacement council member for himself and for Dysart if she is recalled, with approval from the remaining council members. 

If both Hill and Mertz are recalled, then things will get a bit complicated: First, the remaining members of the city council must appoint one of themselves as city council president. That person would immediately become mayor. The new mayor would appoint any replacement city council members needed, with approval from the existing council members. And finally, the council members could again appoint one of themselves as the new council president.

Canada: Columnist calls for recall option to oust Toronto mayor

Here with an overview of Canada's recall dealings.

Tennessee: Recall organized for councilman arrested for patronizing prostitute

Councilman Brady Banks was arrested for patronizing a prostitute last week and there are numerous recall threats out there. The recall campaign can't start to mid-march, because he was elected in September.

California: Shasta Lake Councilwoman files suit to stop recall

This case may hinge on some questions of public access to records.

In January Lucero's attorneys sought to obtain the names and signatures of those who circulated the recall petitions, only to be told by the county clerk's office they were not public records.
But Lucero and her attorneys are arguing in the lawsuit that state law only prohibits the disclosure of the signatures of those who signed the petitions, not those who circulated them.

Oklahoma: Assembly member files amendment to add State Level Recall

The amendment would add the recall for all officials, with a 15% registered voter signature requirement, and 90 days to collect.

Idaho: Bill closing Sunshine loophole passes House

The bill closing the unusual Sunshine loophole (no campaign finance disclosure requirements for recalls) passed the House 62-1. The lone dissenter did not give a reason for the vote.

Georgia: Petition started to recall Athens Mayor

Mayor Nancy Denson is being threatened with a recall because of her support for a controversial mixed-use development. Georgia has is a judicial recall state, so first a judge has to approve, than the petitioners will have 45 days to gather 17,000 signatures.

California: Fullerton recall scheduled for June Primary

The Fullerton recall against three City Council members has been scheduled to take place at the same time as the June primary. The council voted unanimously to hold the election at that time, and pay up to $160K for costs.

Of note is this line:

Under state law, council members on a recall ballot are barred from voting on spending city money from the date of the recall election until the election is certified.

Wisconsin: Sheboygan mayor Bob Ryan ousted in recall

Ryan, who faced well publicized claims that his drinking problems made him unfit for office, conceded tonight in the recall runoff. The vote appears to be 54-45.

Wisconson: Sheboygan mayoral recall may top 50%

The City Clerk is expecting a high turnout today.

Wisconsin: Controlling the recall

Two big developments have hit on the Democratic side of the Wisconsin gubernatorial recall. The losing 2010 Democratic candidate Milwaukee Mayor Tom Barrett is seriously considering running. AFSCME, the second biggest union in the state, has endorsed Kathleen Falk. This Salon article takes a look at the race, and notes the union opposition to Barrett as an "early sign that 'Anybody but Walker' won't cut it..."

Though the unions may actually be powerful enough to push Falk to primary victory, it bears repeating that the recall is not something that can be easily controlled. We don't need to look far and wide for an example -- let's just go back to 2003. The prime backer of the Gray Davis recall was Congressman Darrell Issa. If he didn't pony up the dough, there is an excellent chance that recall doesn't get on the ballot. Despite his critical role, Issa was effectively forced out of the recall race by bigger names. 

Washington: 9th Circuit upholds decision overturning $800 contribution limit for recalls

The 9th Circuit Court overturned Washington State's $800 contribution limit. The decision notes the tenuous connection between the recall and a candidate seeking to replace the recall candidate. A key point to the ruling is that in Pierce County the replacement candidate is appointed by governmental entities, not elected by the voters. Here's an earlier discussion.

Kansas: Two Basehor council members defend themselves against recall

The two council members defending their actions in a forum before the February 28 recall. Interesting to note that the organization that sponsored the event supports the recall of Mayor Terry Hill, but opposes the city council recalls.

California: Hanford City Council member not seeking reelection after failed recall attempt

The recall never got on the ballot, but Councilman and former Mayor Dan Chin will not be seeking reelection.

North Dakota: A little history on the adoption of the recall

Here

Arizona: Is the proposed recall revision unconstitutional?

Article in the Phoenix New Times argues that the revision to the recall -- which died in the Senate committee -- would be unconstitutional under Arizona law.

Wisconsin: Sheboygan mayor recall runoff tomorrow

Here. Should be a test of voter propensity for forgiveness and willingness to stomach misbehavior.

Wisconsin: Barrett seriously considering running in recall

We'll have more on this (hopefully tomorrow).

Arizona: NYT on the Tusayan recall

The NYT looks at the Tusayan recall, noting some of the bigger issues involved with the Grand Canyon.

Wisconsin: Judge rules no extra time for Walker review

The Judge noted that Walker's campaign has pretty much acknowledged that it will not be able to knock out enough signatures. A big part of the reason for Walker's tactics is to raise more money. I imagine that the campaign wants to knock down that signature figure as much as possible. Politically, it looks better to have a lower number out there (much as it looked better to claim that one million people signed the petition). Also, if they can show some bad signatures, ala the Bugs Bunny, it plays to the "the other side is not playing fair" argument.

Texas: Thoughts on the El Paso Decision and Comparisons to other states

The El Paso Times has a link to the decision in the El Paso Mayoral recall as well as a story noting that the recall proponents (most prominently Pastor Tom Brown and the World of Life Church) may be on the hook for the $250,000 that Mayor John Cook has spent fighting the recall (though the story is very speculative --  as far as I'm aware court costs generally do not cover legal fees).

The unanimous decision hinges on a couple of definitions. One is that the recall counts as a "measure" under Texas law. I don't think this is an obvious definition, and the court does not cite case law, but it is not unusual. California has stated that the recall vote (the "should the official stay or go" vote) is a ballot measure. I can't tell whether El Paso also has a two-step process (up or down on the official, followed by a replacement vote), but I know other Texas jurisdictions uses this form of recall.

The other big decision by the court is that the church is a corporation, and as such cannot make an expenditure to a recall campaign (it needs to use a special purpose committee). We've seen special campaigns finance laws for recalls in other states -- Arizona, Wisconsin and Washington -- so, not unusual there. The court then noted that the church had a link to petitions on its website, and since Brown and others took the fifth, took a negative inference on other recall related activities, such as paying for the petitions, using the church's facilities for signature gathering efforts, etc (all of these count as expenditures). The court flat out rejected the First Amendment arguments of the church, including an attempt to use the Citizens United decision. 

The court threw out the signatures and ruled that the election cannot take place. I've seen courts stop recalls before, but I can't recall one tossed out based on donations to the committee (usually, in political recall jurisdictions, it has to do with the specifics of the signatures). That's not to say it hasn't happened, or hasn't happened regularly. California did throw the book at people who violated the campaign finance laws in the David Roberti recall, leveling an $800K penalty. But the state did not try to stop the recall. 

For some positive news for the recall proponents, they should look to last year, where both Arizona's and Michigan's Supreme Courts overturned appellate court rulings and took strong defenses of the recalls, allowing the recalls to go forward despite some questions. Arizona specifically held that recalls face a more liberal substantial compliance standard. It should be noted that Arizona and Michigan have the recall on the state level. Texas does not.

The decision also includes a serious benchslap of the trial judge for an "abuse of discretion" in not stopping the recall, saying that he failed to apply the law to the facts, "hindered the judicial process" and noted that the court should "...not be swayed by public clamor or fear of criticism." And this was for not stopping the election. 

It should be noted that El Paso requires (though I don't see it mentioned here) that the recall be held on a regularly scheduled election day (i.e. a primary or general election day). I believe this law would be a big asset to the recall proponents -- socially conservative voters who are against the domestic partners law that was the impetus for the recall are much more likely to turn out in the Republican presidential primary than liberal voters.  What we've also seen in other states is that delaying the recall could push it off months (perhaps till November).  This might have been a reason for the judge to push this election forward to the next stage. 

Texas: Court of Appeals tosses out El Paso recall

The Texas Eighth Circuit Court of Appeals  has just thrown out the recall of El Paso Mayor John Cook, and two city representatives (Susie Byrd and Steve Ortega), ordering the municipal clerk to de-certify the petitions.
I haven't seen the decision, but according to reports, the court held that the chief recall backer Tom Brown, violated Texas law by using his church in his signature gathering efforts.
I'm sure this is being appealed to the Texas Supreme Court, so no reason to make a final judgments yet.

Wisconsin: Rahm Emanuel fundraiser for Tom Barrett

Is Barrett running in the recall? This fundraiser sparks questions.

Massachusetts: Hingham looks to adopt recall

City of Hingham is considering adopting recalls. Not sure of all the details, but the petition would require that an initial recall affidavit signed by at least 200 registered Hingham voters.

Oregon: Recall effort ends against Molalla City Councillors

Here. This one was weird

Idaho: A little more on the Campaign Finance disclosure law

Here

Georgia: Construction of Wal-Mart leads to calls for recall of Athens mayor

A move to build a 94,000 square foot Wal-Mart near Athens has led to calls for the recall of Mayor Nancy Denson. Monday is the deadline for the first step (100 signature petition). After that, petitioners will need 17,000 signatures in 45 days -- that is if they survive the petition review.

Kenya: Proposal for recall amendment in new constitution

Here. Some interesting details, including limiting the recall to only two out of five years in an MPs term.

The shock to the MPs will come in the many proposals to the Elections Act, especially, the procedure of recalling non-performing MPs.
MPs had put amendments in the law blocking recall within the first two years, and within the last year, thereby giving the public just two years within which to recall them. The MPs had also connived to delay such recalls by subjecting the petitions for recall to the scrutiny of the court, before a poll to kick them out is carried out.
But the government lawyers have termed the law as it exists unconstitutional.
"It is the right of the people to initiate a recall election, and if all requirements are met, a recall election should be held," the KLRC brief reads. "The Constitution gives power to the electorate to be able to initiate a recall election any time after the election of an MP. As such, a recall election cannot be limited to only two out of five years of the life of an MP in Parliament."
The argument is that the sovereign power rests with the people, and because MPs are representatives of the people, they should not deny those who chose them the chance to exercise their right to decide who they want to represent them in the august House.
When MPs mutilated the law, they argued that if the clause is let loose, their opponents would be on perpetual campaigns, and it would be an election cycle throughout the five-year term. The MPs had also said that if they survived a recall vote, then, they should be left to serve the remainder of their term.
"An unsuccessful contestant of an election will be a member of the electorate like any other citizen, and as such, should be able to file an election (recall) petition," the government lawyers noted in their brief to Parliament.
The brief also proposes the scrapping of the fee for a recall petition. The Act prescribes a fee for Sh500,000 for a recall against an MP. According to the lawyers, it made nonsense of the law to peg a constitutional right on a fee.
It would be interesting to see if MPs will acquiesce to this recommendation.

New Jersey: Millville recall threat now targets entire council

The attempt to recall Millville Commissioner David Vanaman may now be an attempt to recall the all of the city commissioners.

Some interesting details here, as it sounds like there would be no replacement vote.

In a city commission, the elected officials are determined by the candidates who receive the most votes, the mayor receiving the highest.

In the event the commissioners were recalled and the candidates with the next highest votes from the Nov. 2009 city commission election are appointed, that would put Millville
First member Robert Tersoroni as the new Millville mayor, with Dave Ennis, Joseph Sooy, Richard “Dick” Marshall and Ian Roberts as commissioners.

Oregon: Talent City Councilman facing recall threats after DUI, Driving with Suspended License

Here

California: Three Greenfield Council members face recall votes

Petitioners (Citizens for Responsible Leadership) claim that they have enough signatures to force a recall of Mayor John Huerta. Huerta (a council member elected to the mayor's office) joins two other council members, John Martinez and Yolanda Teneyuque, in the June recall ballot. They fight is over a merger of the police department with a nearby city, Soledad.  At the same time, there will be referendum on whether to allow the merger of department to go forward. 

The merger, which would allegedly save the city $160,000 has also brought up controversy because of claims that the current Police Chief favors indigenous immigrants over other Greenfield residents. Check here for more on that story.

Arizona: House committee shoots down recall revision bill

The vote was 6-3 against, with Republicans as well as Democrats voting against the limited changes in the bill.

North Carolina: Navassa considers adopting recall

Navassa's City Council will debate adopting the recall, an idea that apparently came from Mayor Eulis Willis. It would be the second of 19 municipalities in Brunswick County to have a recall -- Oak Island has one.

Nebraska: Hitchcock recall signatures being investigated

After refusing to schedule a recall, the Nebraska State Police are now investigating the signatures in the Hitchcock board of election recall.

Nebraska: Hayes Center Board of Education refuses to schedule recall

Another jurisdiction is facing a refusal to schedule a recall election -- Hayes Center, Nebraska's board of education. Board member Randy Richter is facing a recall -- petitioners needed 77 signatures, got 114 valid. The board voted four times (four different dates in March) to schedule the vote. They deadlocked all four times (3-3).

Wisconsin: Money, money

This Reuters piece suggest a $70 million price tag.

Georgia: Augusta Commissioner faces recall threats for support for $12 million parking deck, budget cuts

Support for a $12 million parking deck is leading to calls for the recall of Augusta Commissioner Matt Aitken. Aitken is also coming under criticism for casting the deciding vote in a budget that calls for a $1 million reduction in the city's workforce (more than 30 employees). The article notes that Aitken did not seem to know that the budget seem to include budget cuts -- which may play into the need to meet the malfeasance/incompetence standard. Here's some more complaints and details about the district.

The recall is a multistep process, in a judicial recall or malfeasance state. The application has to have 100 signatures, and the reason for the recall. Then (probably after the traditional lawsuits), they need 30 percent of the registered voters (in a little twist, it is the amount of registered voters from the last time the office was on the ballot). They have only 30 days to get the signatures. After that, it is a two-step recall -- yes or no vote, followed by a (later day) replacement vote.

Oregon: Recall attempt against Douglas County Commissioner accused of impersonating sherrif's deputy

This one is unusual -- a recall attempt has been started against two-term Douglas County Commissioner Joe Laurance, who has been accused of impersonating a sheriff's deputy, and cursing out county employees and members of the public.

The claims state that Laurance 'has in a deliberate fashion, tried to convey that he is an officer of the law, including his specific request to have a retired police vehicle assigned to him."

Petitioner needs 6.500 signatures, has until April 30th. He claims he has 1,000 signatures in the first week of petitioning. The recall would cost between $40,000 and $45,000.

California: Feather River Recreation and Park District Directors fails to qualify for the ballot

The attempt to recall four members of the Feather River Recreation and Park District board has apparently failed, according to the Elections Office. Petitioners needed 4,853 signatures. On two of the recalls, the got close (though uncertain if this means they were verified) --  4,747 for Director John Allen and 4,667 for chairman TJ Jensen. The other two were no where near the amount -- 1,324 for vice chairwoman Jan Gill and 1,252 for director Loren Hill.

Wisconsin: Walker asks for two more weeks to review petitions

Walker is asking for another two weeks to review recall petitions against him, with a new proposed deadline of March 12. Democratic candidate Kathleen Falk claims this is simply about fundraising. Since Walker is reportedly only finding a 10-20% error rate, there seems to be little chance of overturning the recall.

Non-recall op-ed: Brokered Convention nightmare

Here's an article I wrote on the possibility of a brokered convention.

Michigan: More on the Troy mayor recall

Seems like there's quite a bit of controversy here, including her refusal to swear allegiance an oath to the town charter, calling it a "whimsical" document. Also, this.

Oklahoma: Healdton recall ousts Mayor

More on this when we have a full story, but it looks like the mayor lost the recall votes in overwhelming fashion yesterday. One other councilman face a recall, but resigned (after getting engaged and moving out of town). It seems like a third recall didn't get off the ground.

California: Divisions in the anti-Quan recall campaign

Here -- though I question the article's claim that a viable alternative has to appear for Quan to lose. If they get on the ballot, a serious candidate will emerge.

Oklahoma: Details about the Healdton recall

Happening today. We should have results tomorrow.

Wisconsin: The hidden recall signature count

Here

California: Carpinteria City Council trying to force city councilman to resign

There's an error about the recall, but interesting story nonetheless.

Massachusetts: Selectmen removed in Templeton recall seek recount

More strange results from the Templeton recall, which resulted in the ouster of two selectmen on February 6. There are no signs saying "recountcoming.com" The town has previously had signs saying "recallcoming.com" before the recall started.

The selectmen need to collect 10 signatures by February 16 for a recount.

Note this point about lots of blanks:
There was a 43-vote difference between those favoring recalling Mrs. Farrell and those opposed, but also 38 blanks were recorded.

Mrs. Wilder's margin of victory over Mrs. Farrell was 66 votes, with 55 blanks recorded.

Those supporting recalling Mr. Mitchell cast 54 more votes for the recall than against. There were 43 blanks. In the race between Mr. Mullins and Mr. Mitchell, Mr. Mullins received 66 more votes. There were 49 blank votes recorded.

Idaho: Bill proposed to change recall for Idaho library districts

Unusual law here -- Idaho library districts have the same signature-gathering requirements as counties (20% of registered voters in the county). However, of the state's 54 library districts, only nine are countywide. So, a one district of 1,007 eligible voters would have to gather 4,578 signatures.

Sen. Shawn Keough, R-Sandpoint has proposed legislation to amend the requirements for special-district recall elections to match their boundaries.

New Jersey: Recall threats against three School Board members in Franklin Lakes

Recall threats were being thrown around in Franklin Lakes over a decision to change the school board annual election from April to November. Board president Kathie Schwartz and trustees Margaret Bennett and Joseph Conti for recall would be the targets, though the mayor claims the discussion has died down.

California: Petitioners hand in signatures against 4 directors in Feather Recreation recall

Petitioners turned in signatures for four of the five Feather Recreation and Park District Board of Directors, John Allen, Loren Gill, Jan Hill and Chairman TJ Jensen. The fifth member resigned.

Petitioners need 4,853 per candidate. Here's some earlier coverage.

The commission is going to check with a random sampling method. The valid signatures have to appear to be between 90-110% of the number of signatures to start an inspection of each signature. If it is over that amount, the board will certify (I'm sure that means the burden shifts and the commissioners can sue). If less, that it will be tossed out (again, a burden shift and the petitioners can sue).

If the election is held on the same day as the June primary, it will cost between $73K to $84K. If it's a special, it will be between $85K and $105K.

Wisconsin: Sexual assault charges won't be filed before Sheboygan mayoral recall

Sheboygan mayor Bob Ryan won't know about possible sexual assault charges before the recall take place this Tuesday.

Germany: Duisburg mayor ousted in recall

Adolf Sauerland, the mayor of Duisburg, Germany who presided over a catastrophic 21-dead mass panic at the Love Parade music festival in 2010, was ousted in a recall vote on Sunday. 

The vote was 129,833 to 21,557. His term was due to end in 2015.

The city will have to hold elections for a new mayor within six months. In the meantime, senior city officials will carry out his duties.

Maine: Three Berwick Selectmen ousted in recall vote

Less than half a year after adopting the recall, Berwick has held its first vote, which all three Berwick Selectman lost.  Joe E. Chambers lost by a 972-196 vote; Marcia E. Elton, 942-228 and James G. Ramsey, 964-204 vote. Replacement vote will be on April 3.

Note that with only two selectmen remaining, the board cannot have a quorum in meetings. The town cannot enter into any new contracts or pay bills until new members are elected.

New Jersey: Millville City Commissioner faces recall threat

City Commissioner David Vanaman is facing a recall threat, with the petitioners hoping to put it on the ballot for the November election (abandoning an earlier effort to hold a special election this summer, which would have cost $60K).

Petitioners claim that Vanaman, the city's public safety director,  has a conflict of interest because of his position as treasurer of the city’s volunteer firefighters organization and Vanaman’s performance overseeing the police department. Most interest is this complaint:

Commissioner Vanaman got a $314,917 grant for the Fire Department that cost the city $39,491 in matching grants from city taxpayers. This grant supposedly was to purchase a new ladder truck to replace the 10-year-old ladder truck already in use. 

Vanaman claims that the basis of the recall is a refusal to give one of the petitioners, a former City Commission candidate, a job as a special officer.

The committee has three members: Mark LoIacone, co-chairman; McQuade, treasurer, and a former City Commission candidate; and McQuade’s wife, Carol McQuade, co-chairwoman.

Petitioners need 4,501 signatures -- 25 percent of registered voters. They do have a relaxed time frame -- a 160-day period. Millville has a California-like recall, with a yes or no vote on removal. 

Arizona: Senate moves to add primaries to recall process

Arizona lawmakers are proposing an interesting twist to their recall -- they are looking to eliminate the nonpartisan recall (it's basically an all-in, Jungle primary scenario, without the run-off) and mandate a partisan primary. In other words, they would move to what Wisconsin uses. In terms of changes, this is certainly a limited one.

The Republicans feel, with strong justification, that Russell Pearce would have survived the recall vote if Jerry Lewis faced him in a primary or if Lewis had to run as a Democrat. 

Maine: Berwick recall scheduled for Monday

Three Berwick Selectmen, Chairman Jim Ramsey, Vice Chair Joe Chambers and Selectman Marcia Elton, will be facing a recall vote on Monday.

The focus of the recall has been the sale of to the Vice Chair's wife and the signing of a 75-year lease for the development of the old Berwick High School.

It sounds like Berwick has a two-step recall process, with the replacement votes coming later (article notes that replacement officials take office in April).

Note this difficulty, which is becoming almost a regular occurrence in local recall elections:

"the process would interrupt the normal timeline of the town's budget process. In past years, all warrant budget articles would be reviewed by the board and submitted by March 27. In the event all three members are recalled, the remaining two members could continue to sign payroll for the town, as well as other similar tasks. However, they could not hold meetings or make formal decisions until a board has a quorum."

Illinois: Gov. Quinn at 30% approval rating -- any threat of a recall? Nope!

Eric Zorn's column notes that Quinn was one of the biggest backers of the Illinois recall (which only hits the governor). But even with his approval in the dumps, he's not a threat for a recall. As Zorn correctly notes, Illinois' recall is beyond the "judicial recall" states stringent:

Getting a recall measure on the ballot not only requires advocates to collect valid signatures from a number of registered voters equal to 15 percent of the total number of votes cast in the previous election for governor (today's requirement would be 559,462 signatures), but also to collect at least 100 of these signatures in each of at least 25 counties. A far bigger difficulty, though, is that advocates must also obtain the OK from at least five state senators and 10 state representatives from each party.

Michigan: Troy, again naturally, looking to recall mayor

Yesterday, we heard that Troy, Montana is trying to recall its mayor. Today, we hear that Troy, Michigan is going for a recall of its mayor, Janice Daniels. They'll need 7,985 signatures.

Wisconsin: Non-profit campaigning for Walker?

Here

Tennessee: Judge stops recall election against Chattanooga mayor

A Tennessee Judge ruled that the recall against Chattanooga Mayor Ron Littlefield cannot go forward. Ir seems like the judge has two separate parts to his ruling. One is that the city failed to adopt a new charter, making Tennessee state law applicable -- the state has a higher signature requirement. Also, the judge claimed that the city couldn't take a two step process, but had to use Tennessee's three step recall.

Texas: El Paso Mayor running up big debts in fighting the recall

Bloomberg article notes that the mayor has run up $250,000 in debts in trying to defeat in courts (though it's not clear if this is just legal fees. The article quotes me, though I'm sure I said more than half of the recall resulted in removal.

Wisconsin: Vos attempt to limit recall moves to committee

Here

Montana: Attempt to recall Troy mayor

Troy Mayor Don Banning is being threatened with a recall campaign, as a City Council member, and perhaps the city council president, are distributing petitions. They need 125 signatures to get on the ballot. One of the issues, according to the police chief, is that the council is looking to get rid of the police department.

Pennsylvania: Questions on whether you can recall the Governor

Not sure why they are asking -- the answer is no. I guess they don't know their Philly history.

Tennessee: Election Commission looks to bill Chattanooga for lawyer's fees

The commission is blaming the city for failing to correct its charter, leading to the mass of litigation. So far, expenses have topped $20K.

Alaska: Complaint against ad in Menard recall dismissed

Here

North Carolina: Editorial opposes expansion of recall to New Hanover County

A follow-up from the proposal to allow a recall for a New Hanover Councilman. This editorial calls for his resignation, but warns against his removal.

Colorado: Two Prowers County Hospital District Directors survive recall vote

Two Prowers County Hospital District Directors survived a recall vote by wide margins.

Candy Ruedeman received 624 votes in favor of her recall and 1,481 votes cast against her recall. Marge Campbell received 695 votes cast in favor of her recall and 1,407 votes cast against her recall.

Wisconsin: Senator Vinehout announces for the gubernatorial race

Senator Kathleen Vinehout has announced that she's running in the gubernatorial primary. Vinehout won reelection in 2010 by 439 votes against Ed Thompson, former Governor Tommy Thompson's brother.

Vinehout is much further to the right than the other candidate Kathleen Falk, so we'll see how this plays out.

Wisconsin: Scott Fitzgerald to challenge signatures

Sounds like he will be using the argument that the signatures should be in the newly drawn district, rather than in the old district that he won elected in.

Wisconsin: Random sampling shows 15% signature failure rate

Milwaukee Journal Sentinel performed an analysis and found that 15% of the signatures could not be verified. This tracks with past data.

Idaho: State's sunshine law does not apply to recalls

Continuing the holes in the recall law, Idaho's Sunshine Law, which requires campaign finance reporting, doesn't apply to recall elections. State Rep Julie Ellsworth discovered this after a failed recall attempt against her last year. She sponsored a law (not up yet) fixing this loophole.

Alaska: Wasilla City Councilman Steve Menard ousted in recall vote

Wasilla City Councilman Steve Menard was ousted in a recall vote yesterday -- unofficial results are 70% to 30% (216-92).  Menard's recall was started after he allegedly trashed a hotel room.

California: Three candidates in Portola recall

Three candidates are running to replace City Councilman (and Mayor) Dan Wilson if he loses the April 14 recall.

Wisconsin: Criminal charges possible in signature fraud case

Here. Numerous people are claiming their signatures were forged, including one guy whose signature appears four times.

North Carolina: New Hanover County Commissioner misbehavior leads to possible recall bill

The misdeeds of New Hanover County Commissioner Brian Berger has led state Representative Carolyn Justice to discuss introducing a recall law.

Since he was elected in 2010, Berger was found guilty of violating a domestic violence protection order taken out by his ex-girlfriend. (though it seems like it was to attend a meeting at New Hanover County Community Action, where his ex-girlfriend works, although she wasn't in the building at the time.)

Last year, the state passed a law giving voters in Topsail Beach the ability to kick elected officials out of office through a petition of 30 percent of the registered voters, and then a majority vote in a special recall election.

Here's an interesting discussion though: 

County officials say their options are limited. One possibility, although unlikely, would be to use an ages-old quasi-judicial process, called "amotion," County Attorney Wanda Copley said.

That process, according to information from Coates' Canons, a blog of the School of Government at the University of North Carolina at Chapel Hill, is rooted in English common law and rarely, if ever, used in recent times to oust an elected official.

Under the amotion process, grounds for removal include offenses "so infamous as to render the offender unfit for public office" and "offenses that both are criminal and constitute misconduct in office," according to the blog.

Wisconsin: Independent announces for Gov. recall race

Brookfield physician and kidney specialist Hariprasad “Hari” Trivedi as declared that he will run as an independent candidate in gubernatorial recall. He ran two ads in the Super Bowl (in Milwaukee) which cost him $17,000.

California: Discovery Bay Community Service District Board Member resigns in face of recall campaign

Brian Dawson, the Discovery Bay Community Service District Board Member who was charged with spousal abuse, resigned on the day recall petitions were due to be handed in.