Tuesday, December 29, 2015

California:Cursing got a Chino councilman kicked out a century ago

Chino Councilman John J. Houihan was kicked out of office for bad languages and removing his cost in a meeting. Of course this was 103 years ago.

Illinois: Washington Post on chances of Emanuel recall

Anyone looking at this blog should know that there isn't going to be a recall there.

109 officials face recalls in the US in 2015; 66 ousted in a vote; 15 resign; At least 435 recall attempts

Once again, we have the Recall Elections Blog's annual end of the year stats, featuring my article in The Week, which provides some further thoughts on why the recalls are taking place. The issues for recalls were all over the map in 2015: gun control; marijuana; police shootings; stadium contracts; education, vaccinations, firing of superintendents and football coaches; keeping a chicken coop and a DUI. However, there were no recalls of state legislators or state level officials (though the Governor of Oregon resigns with a recall threat looming).

Over here, we get to discuss the stats (my numbers are different than Ballotpedia, which I'll discuss below). One caveat -- some of the numbers may change! Sometimes, I find out results weeks and months later.

In 2015, we had 109 recalls get to the ballot or end in a resignation. Of those, removal once again proved very successful. 66 ousted in the vote, and 15 resigned. Only 28 survived a recall vote. I counted at least 434 attempted recalls, so once again, the vast majority of recall attempts do not result in signatures being handed in. I count only 22 recall attempts where petitioners handed in signatures and failed to get on the ballot (because some of the signatures were found invalid). Most recall attempts are abandoned. 

  • 17 states had recall elections take place and 2 states (Georgia and Missouri) saw an official resign in the face of recalls (in the case of Missouri, the recall was actually scheduled).
  • The big recall states were California (20), Michigan (19) and Arizona (14). It suggests that Michigan voters have begun to incorporate the changed recall laws into the behavior.
  • School Boards were big this year. Jefferson County School Board in Colorado was easily the most widely followed recalls of the year, but in total 28 school board members faced recalls in 16 different school boards.
  • 10 mayors, 1 mayor pro tem and one vice mayor faced a recall vote.
  • Five local jurisdictions adopted recall laws, and many others discussed them. There's no place that voters removed or weakened recall laws
  • Recalls have popular overseas, with the beautifully named "Appendectomy Project" trying to push the recall in Taiwan.
  • I have not included recalls in Native American territory (there are a few), nor do I include HOAs or Senior Living Communities. 
This year saw a drop-off in recalls from 2014 (which, I never actually wrote up), we had 126 recalls, with 61 removals, 20 resignations and 45 survivals. However, this year's result closely tracks 2013 (the last off-year election), when we had 107 recalls. 2012 we had 168, and 2011 we had 151.

Why the drop off? It's not clear though I would like to point out my comments on the subject in 2013. I think the off-year matters (if nothing else, than because in many jurisdictions, a recall cannot take place until the official is in office for a year).

As I mentioned, the good folks at Ballotpedia put out their year-ender on recalls, and the numbers are different -- they had 40 recall removals, 21 survivals and 7 resignations and 275 attempts. Why the difference? It's not fully clear. The resignations may be an issue of when do you count a resignation in the face of a recall. The attempts are very rough -- it is never clear if someone took out petitions, so that number does have to be taken with a grain of salt.

One thing we can say is that their very user-friendly system allows me to easily search all the recalls they have listed. I'm in discussion with the Ballotpedia team and hopefully we'll figure it all out for next year.

California: San Diego charter committee looking at recall law

Looks like they are considering other methods of making removal easier following the Mayor Bob Filner debacle. They don't appear to be examining making the recall easier to get on the ballot.

Oregon: Kalamath Commissioner recall fails

Petitioners failed to hand in enough signatures for the recall of Klamath County Commission Chairman Tom Mallams. Petitioners need 3426 signatures, they have 2500. The issue was the city's ban on medical marijuana dispensary.

Oklahoma: Midwest City Mayor asks court to block February 9 recall

Mayor Jay Dee Collins claims the petitions are invalid because the actions they wanted him to take would be illegal under state law (he can't order the city manager around).

Wednesday, December 23, 2015

Colorado: Editorial calls for resignation instead of recall for Colorado State Rep

The editorial by Aurora Sentinel seems focused on the fact that her term is up in May and that the GOP should do something to push Representative Joann Windholz to resign.

Wisconsin: Superior Mayor facing recall threats over Facebook comments about Obama

Superior Mayor Bruce Hagen is facing recalls threats after calling Barack Obama a Muslim who has "destroyed the fabric of democracy" on Facebook. Right now, the push is for him to resign, but Hagen does not seem to be amenable to that route.

Florida: Dunnellon Councilwoman facing petitions

Dunnellon Councilwoman Penny Fleeger is facing petitions over allegations that she slapped a city employee at a Christmas event. This is a two part recall gathering process. Petitioners need 131 signatures in 30 days, than need 198 signatures if those are approved.

Texas: Electra Mayor and Commissioners recall looks to be headed to the ballot

It looks like petitioners have handed in enough signatures in the recall of Mayor Pam Ward and Commissioners Kevin Byrd and Ricky Kelley over the firing of the Police Chief. Petitioners needed 100 signatures for Byrd and Kelly, and are said to have gotten more than 150. No word yet on the mayor.

Florida: Pinellas County Charter Review Commission looking into recall law

Pinellas County's Charter Review Commission is being reviewed in their January meeting. Apparently, out of the 18 charter counties, Pinellas is one of only two that is silent on recalls (the other 16 have recall laws). The county is looking into whether to add a recall law.

Tuesday, December 22, 2015

Texas: Denton City Council recall hits the mark

Petitioners have enough verified signatures to get the recall of Denton City Council member Joey Hawkins on the ballot. The issue is over fracking.

Colorado: Recall effort against State Rep over Planned Parenthood/shooting comments raising funds

State Representative JoAnn Windholz (R), who faced criticism for her comments blaming Planned Parenthood for the Colorado Springs shooting in November, has $4600 in the bank and will seek reelection. A recall committee has raised $5,330 -- they need 4714 signatures in 60 days.

Georgia: Meigs Mayoral recall appears to get on the ballot

Looks like they have enough signatures to get the recall of Meigs Mayor Linda Harris on the ballot. It sound like this will be in May. There's been a lot written on Harris' alleged misdeeds -- here's a start.

Nebraska: Decatur recall leads to continual problems

The recall of Alta Wolf in November has led to a board without a quorum --one that will need a special election to fill. The Board tried to fill the seat, but the replacement was rejected by a 2-2 vote. Then the two members who voted against resigned. With only two members, there is no possibility of filling the vacancy, absent action from the Secretary of State.

Spain: Leader of new Spanish anti-Austerity party discusses recall proposal

Podemos, the anti-Austerity party that came in 3rd in this week's Spanish elections, has a plan for a national recall vote for prime minister "if the prime minister fails to comply with his campaign manifesto." I am not sure how that would actually get on the ballot.

California: Petitions started for Calimesa Councilman

Petition have been approved for Calimesa Councilman Jim Hyatt over the issue of building large warehouses. Petitioners need 930 signatures in 60 days. Hyatt is in his 5th term.

Kansas: Sedgwick Commissioner recall campaign appeals to K Supreme Court

The District Attorney's refusal to allow the recall of Sedgwick County Commission Chairman Richard Ranzau is being appealed to the Kansas Supreme Court. The recall was rejected because Kansas is a malfeasance standard state and requires a specific cause.

Ranzau is facing the recall over his support for a bill to turn down federal funding for a Women, Infants and Children program, which had an illegal immigrant component.

New Jersey: Discussion of recall against Bayonne Mayor

An increase in water bills following the sale of municipal assets is leading to talk of a recall against Mayor James Davis and some of the city council.

Friday, December 18, 2015

Ballotpedia's Year in the Recall out

The good folks at Ballotpedia have released their annual recall report. They are showing an uptick in recalls from 2014 -- 275 attempts, 40 removed, 21 survived and 7 resigned. I should have my annual list next week (depending on if I can write an op-ed for some one on the totals) -- I have some bigger numbers, but that seems to happen every year. This field is just not an exact science. I'll discuss that in my round-up post.

New Jersey: Lopatcong Mayoral recall documents to be handled by county

The recall attempt against Lopatcong Township Mayor Tom McKay will not be handled by township clerk Beth Dilts, as she suing the mayor and pursuing her own civil ligation against him. The county is taking over. Petitioners need 1466 signatures by June.

Thursday, December 17, 2015

Washington: Port Angeles vote in favor of continued fluoridation leads to recall threats

The City Council voted 4-3 to continue to fluoridation for ten years. A recent survey suggest that a majority of the population is opposed to fluoridation. Following the vote, there was some discussion about launching recalls against the fluoride supporters, though Washington is a malfeasance state and will require a showing of cause.

Texas: Second petitions filed against Denton City Council member

Joey Hawkins is facing his second go-round on petitions over his vote in favor of fracking. Petitioners handed in 125 signatures on November 12, but Hawkins had yet to hit the six month mark (by two days). This Monday, they handed in 131 signatures.

Michigan: Ann Arbor City Council recall rejected by Clarity hearing

The recall attempt against Kirk Westphal was thrown out in a 2-1 clarity hearing meeting. No word on the other recalls against City Council members over their votes on deer culls.

Idaho: Driggs Mayoral recall fails to turn in signatures

The recall against Driggs Mayor Hyrum Johnson will not go to the ballot, as petitioners did not hand in the 151 signatures needed. The issue was an ordinance on storing trash and junked cars on front lawns.

Massachusetts: Petitions filed against Mashpee School Board Chairman

Mashpee School Board Chairman Scott McGee is facing petitions over his alleged close relationship with the Superintendent Brian Hyde, who is facing criminal trespass charges.

Petitioners need 2517 signatures (25% of registereds) in 20 days to get on the May ballot.

Louisiana: Statements made to recall New Orleans mayor

The discussion of a recall against Mayor Mitch Landrieu is probably just that, though now we are seeing some websites about the subject.

Georgia: State Attorney General moves to action on Meigs recall

Here, and note especially this on money she's taken out from employees' paychecks:

"Shes refusing to pay back the money that they deducted from their payroll check, when they issued out the written check which was mandated by the department of labor and some employees who didn't pay any taxes now owes the state based on the city's actions," said Chief Gary Price.

Texas: Lake Dallas recall fight includes push for resignations

In addition to the petitions handed in against councilman Steve Forgey, they have also tried to get the resignations of Mayor Mike McCaleb and April Estrada, both of whom are up for a vote in May. The committee also tried to get the recall of Andi Nolan, but removed her name.

Forgey wrote on Facebook that if the committee send $100,000 to Lake Dallas, he'd resign, as that $100,000 will cover the election costs.\

The issue seems to be the council's attempt to remove Julie Mathews from office in June, on her first day as an official. They claim that Mathews has "waged personal and malicious attacks" on the government for two years. That attempt is still in court. Right after the court battle, then-Mayor Tony Marino resigned, and then the Police Chief stepped down as city manager.

Arizona: Signatures handed in for Hopi School Board member

82 signatures were handed in for the recall of Hopi School Board member Troy Lomavaya. Petitioners need 63 valids.

At the same meeting the Superintendent of the Jr./Sr. High School, Dr. Gregory Sackos,  had a petition handed in calling for his removal (he cannot be recalled). Sackos resigned.

Wednesday, December 16, 2015

Ohio: Hillsboro Mayor facing recall threats over racist Facebook comments

Mayor Drew Hastings is facing recall threats over racist comments he reportedly made on Facebook, which he has apologized for. Apparently, the comments include "Blacks have all but declared war on whites" and that a revolution was coming.

Hastings was re-elected in November, so the recall would probably wait for sometime.

Tuesday, December 15, 2015

Washington: Cowlitz Public Utilties District Commissioner suing to collect $50K against petitioners who led "bad faith" recall effort

Cowlitz PUD Commissioner Ned Piper is suing to get back the $50,000 that the PUD's insurance company spent defending the recall effort against him. This follows a State Supreme Court decision last week which upheld a long court ruling that the lead petitioners pay the attorney fees due to running a frivolous recall. The claim was that Piper improperly disclosed confidential utility information, intimated employees and acted without the board's authority. The petition was apparently almost an exact copy of a censure resolution that two other board members passed against Piper in 2013.

California: El Dorado Supervisor response to petitions

El Dorado Supervisor Ron Mikulaco has responded to the petition he and the other four supervisors were served in November.This recall effort seems focused on the "tyranny of elected officials." Petitioners need 10625 signatures in 120 days to get on the ballot.

Monday, December 14, 2015

Georgia: Assistant Attorney General coming to meet with unenthusiastic Meigs City Council

Sounds like the Mayoral recall is being felt -- this is more of an explanatory meeting of how to uphold the Open Meeting laws.

Michigan: Clarity hearing rejects petitions against Governor and State Senate

A recall attempt against Governor Rick Snyder (over Flint's water problems) and State Senator Wayne Schmidt (for a vote on a road funding package) was rejected in a clarity hearing. This was the second attempt against Snyder by clergyman William Scott Brown. The effort against Schmidt was by a separate constituent.

Sunday, December 13, 2015

Massachusetts: First petitions against Lawrence mayor fail

The first of two petitions against Lawrence Mayor Dan Rivera failed, as the 4990 signatures were verified. Petitioners needed 5645 needed to get the recall on the ballot. Rivera claims that he is starting an investigation into forgery and fraud charges.

Georgia: Petitions handed in against Meigs mayor

Petitioners handed in 145 signatures for the recall of Meigs Mayor Linda Harris. They need 116 valids (and the voters had to be registered in 2013). Here's some more on that recall.

Texas: Lake Dallas Councilman targeted in recall

Lake Dallas Councilman Steve Forgey is facing petitions over claims that the council violated the city charter by agreeing to a new contract with the city manager and police chief (who happens to be the same person). Petitioners are also demanding the resignations of the mayor and another council member (who are up for reelection in May, so perhaps they are outside of the 6 month window).

The issue is the question of whether it is illegal for the city manager/police chief to draw two separate salaries at once. Sounds like a whole lot of trouble, as three council members are battling another council member who was removed from the council over charter violations, than got a temporary restraining order.

Petitioners need a little over 100 signatures to get on the ballot.

Friday, December 11, 2015

Capital Times' John Nichols op-ed defending recalls law

Here. Nichols is the author of Uprising on the Wisconsin recalls. Nichols uses the Rahm Emanuel fight as a jumping off point:

Wisconsin is different; it affords citizens the power to recall state, county and local officials. That power was famously employed in 2011 and 2012 to try to hold Gov. Scott Walker and his cronies to account. While the governor survived, three state senators who were allied with Walker were removed from office. And recall elections continue to be used by liberals and conservatives, Democrats and Republicans to check and balance Wisconsin politicians. 
That’s appropriate, as the recall power remains essential to democracy — and accountability.

Massachusetts: Hawley voters adopt recall law

Here -- petitioners would need signatures of at least 25% of total voters.

California: El Dorado County Auditor-Controller hit with recall petitions

Joe Harn has been hit with a number of claims, especially about "seeking relief from the tyranny of our elected officials" The leader of the recall seems to be a former county Information Technologies acting and interim director. Petitioner would need 10.625 signatures in 120 days.

Nebraska: Herman Village Trustee recall set for January 26

Herman Village Board of Trustee member Shaun Swan is facing a January 26 recall vote (the vote will be by mail), after 48 signatures were validated, they needed 36. All of the Village Planning Commissioners and other current and former board members signed the petition. One of the former members allegedly punched Swan at the village's annual budget hearing on September 15.

The only accusation in the article is that Swan admitted in a board meeting to running a stop sign, that was later voted to be removed at the same board meeting. A previous attempt to recall Swan was thrown out due to questions about signatures.

Oregon: Three Columbia River Public Utilities Director facing petitions

Petitions have been filed against Craig Melton (elected in November, 2014), and petitions are apparently going to be filed against Jake Carter and Harry Price. The issue is removing two interim managers outside of the Open Meeting law. Petitioners need 460 signatures. One of the lead petitioners served on the board from 2000-2014 (and was replaced by Carter).

Washington: Group raising money, gathering signatures in Pierce County recall

Petitioners are still pushing for the 38,642 signatures needed to get Pierce County Prosecutor Mark Lindquist's recall on the ballot. Petitioners have a February 22 deadline. Lindquist has been accused of leading a vindictive sex abuse prosecution, retaliating against employees, facing ethics investigations and has refused to turn over personal phone records to the County Executive.

Petitioners believe they need 58,000 signatures to get on the ballot. The campaign has raised between $20,000 and $36,000, but they feel, rightly, that they need a lot more to succeed.

Arizona: Push to recall Nogales Mayor underway

Nogales Mayor John Doyle is being threatened with a recall by supporters of former Mayor Arturo Garino (who lost to Doyle in November, 2014). The lead petitioner is not a resident, so that's a wrinkle. Doyle is accused of not doing enough, with poor conditions for a park and the temporary closing of the library as evidence. Nogales has a city manager who seems to be in charge of the day-to-day operations.

Petitioners need 25% of turnout in 120 days (897 signatures).

Maine: Tremont Committee members drafting recall law warned about violating open meeting laws

Apparently, there are questions over whether meetings of a quorum of members (including by email and Facebook posts) must be held in a public forum, with notice given.

California: Los Banos School Board member hit with recall

John Mueller has been hit with a recall notice, with a kitchen sink worth of charging including approving a deal for a new high school, condoning nepotism, disruptive behavior and "poor test scores." Mueller won office in 2014 by 22 votes over Ruben Santos. Petitioners need about 400 signatures to get on the ballot.




Read more here: http://www.mercedsunstar.com/news/article49141570.html#storylink=cpy

Massachusetts: Valley Patriot comes out against Lawrence Mayor recall

Here's the editorial, and notably, here's the usual language that recalls are suppose to be limited to misbehavior.

The purpose of recall elections are, and should be reserved for throwing elected officials out of office for criminal behavior, incompetence, or when the office holder cannot, or will not do the job they were elected to do.

Illinois: State Legislator proposes recall law for Chicago Mayor

In the wake of the release of the Chicago police shooting video, State Representative La Shawn Ford has proposed a bill allowing for the recall of the Chicago Mayor. The law would go into effect immediately, presumably allowing for the recall of Rahm Emanuel. It seems once again that Illinois likes to take an individual approach to recalls, rather than allow it for each official in the state.

The bill apparently would require 15% of turnout (in this case 86,000 valids) and at least 50 from each ward. The coverage I've seen doesn't list a time frame. It also seems it would be an up or down vote, and there doesn't seem to be a provision for a replacement vote.

Thursday, December 10, 2015

Maine: Denmark Selectman survive recalls

This one is from June 30 (I believe), but better late than never. Two Denmark Selectman, Richard Mason (156-182) and Beverly Caparco (151-185) survived recall votes over their support for the Town Manager. Prior to the recall, the town manager resigned.

California: Laguna Woods Village removes two board members

This has been a long saga for the over 55 community. GRF board members Mary Stone and Kathryn Freshley were recalled on November 2, replaced by John Luebbe and Joan Milliman.

Wednesday, December 9, 2015

Ohio: East Cleveland Councilman survives recall vote

East Cleveland Councilman Thomas Wheeler survived a recall vote, 136-112. The reason for the recall was never fully clear. Wheeler wore a wire for the FBI and, as part of an investigation, took a $4000 bribe when a motel/aspiring convenience  store owner wanted to get a beer and wine license, but there is no allegations of wrongdoing on Wheeler's part.

Sunday, December 6, 2015

Massachusetts: Holyoke Councilor proposes recall law

Holyoke Councilor Anthony Soto is proposing a recall ordinance for the city, which would allow recalls for officials who have four year terms. Soto's term ends in a month (and he finished third in the mayoral race), so hard to say if this could go anywhere.

Montana: Petitioners hand in more than 1400 signatures in Glacier County Treasurer recall

Petitioners handed in 1410 signatures to recall Glacier County Treasurer Mary Ann Boggs. They need 1098 valids. Montana is a judicial recall/malfeasance standard state, and requires a showing of cause for the recall -- in this case incompetence by failing to submit cash reports since December 2014, failing to respond to FOIA requests and failing to submit district revenues. The original petitions against Boggs were rejected under the malfeasance standard, but later accepted.

California: Article on rarity of Yorba Linda recalls/current efforts against Water District directors

Jeff Decker, a candidate in the only recall to get on the Yorba Linda ballot (the attempts to recall Councilmen Tom Lindsey and Craig Young in 2014) is now co-leading the Yorba Linda Taxpayer Association, which is looking to recall members of the Water District. They have filed a writ of mandate (with 5520 signatures --- they need 2157) seeking a referendum on a rate increase, though the directors voted it down 5-0, claiming that only an initiative could be used tp recall (the difference will be getting more signatures).

Petitioners would need about 9000 signatures for each member, though it is not clear yet who would be targeted (two members face a 2016 election, three have terms running through 2018).

Canada: Op-ed Opposes Wildrose recall plan

This piece by Meredith McDonald, gives a good history of Alberta's previous attempt at a recall law, tracking back to 1936.

Colorado: Recalled Snowmass Village Councilman pleads guilty to DUI that cost him seat

Chris Jacobson, who was kicked out of office earlier this year, pled guilty to the DUI and charges of destroying a jail cell. He has to pay $13,000 and serve 10 days in jail and do 48 hours of community service.

Michigan:Benton Township petitioner hit with fines and court costs for violating election law during Township recall

Willie Dortsch had to plead guilty to violating election law after Dortch claimed to witness a signature that he did not witness. The recalls did not get on the ballot.

New Jersey: State Senate President recall attempt over gun control fails

The attempt to recall State Senate President Stephen Sweeney over his push to tighten gun control laws failed. Petitioners claimed they got about 29,000 of the 35,000 needed signatures, but of course they didn't turn it in. The Salem County Democratic Committee Chair called the 29,000 signatures "a complete fabrication."

Michigan: Five Ann Arbor City Council members facing petitions over vote in favor of Deer Culling

Ann Arbor council members Sumi Kailasapathy, Kirk Westphal, Julie Grand, Graydon Krapohl and Chuck Warpehoski are facing recall threats after the council voted 10-1 to hire sharpshooters to kill 100 deer in city parks this year (the Mayor was the only no vote). The other members of the council either can't be recalled yet (because they either haven't served 6 months) or weren't on the council.

Petitioners need 1791 signatures to get the recall of Westphal on the ballot (not sure about the rest of them).

All five of the candidates are up for election in November, so the recall would only be for about 6 months (it would be held on a primary day), though the council will be a two year term.

California: Yuima Muncipal Water District recall set for January 26

Yuima Municipal Water District member Mike Fitzsimmons is facing a recall (by mail) on January 26. Petitioner needed 36 signatures and got 53. There are about 127 registered voters.

The fight seems to have started over the $237,000 salary of the General Manager. According to Fitzsimmons opponent, Roland Simpson, the general manager is the second highest paid of the sixteen water companies in San Diego County, though Yuima is the smallest company.

There is also an ongoing attempt to recall Board President Bill Knuston (his district has 76 registered voters and petitions are due on December 14).

Louisiana: Washington Police Chief recall set for April 9

Police Chief Ronelle Broussard is facing an upcoming recall on April 9, with petitioners claiming that he doesn't really live in the district, that he wasn't injured on the job and that he hasn't really been working.

Colorado: Libertarian think tank gave $170K to Jefferson County school board members efforts; Teachers Union gave $93K to recall efforts

Colorado Independent Action donated $170,000 in a failed effort to help the three Jefferson County School Board Members beat back a recall vote. The Teachers Union gave $93K for the pro-recall side.

Colorado: State Representative facing recall threats over statements on Planned Parenthood shooting

State Representative JoAnn Windholz (R) is facing recall threats over her statement apparently blaming Planned Parenthood for the November 27 shooting at its Colorado Springs Clinic. Windholz said in a Facebook post and a written statement (that was later removed) which says in part:

"Violence is never the answer, but we must start pointing out who is the real culprit. The true instigator of this violence and all violence at any Planned Parenthood facility is Planned Parenthood themselves. So Planned Parenthood: YOU STOP THE VIOLENCE INSIDE YOUR WALLS."

Windoholz won her 2014 election by only 106 votes, so she does seem like a prime candidate. Looks like petitioners would need about 4715 signatures (25% of turnout) to get on the ballot.

Maine: Two Paris Selectmen facing petitions

Paris Selectmen Mike Risica and Janet Jamison are facing petitions (though the town clerk is unsure who took them out). Petitioner needs 365 signatures (10% of registereds), though there doesn't seem to be a time limit on it. Since Risica ran on cutting spending (including the fire department) that seems to be the focus.

Arizona: Recall against top school official falling far short

In one of the least surprising recall results, it looks like the attempt to get the recall against Arizona Superintendent of Public Instruction Diane Douglas on the ballot will fall short. Petitioners are reporting that they have less than 100,000 signatures. They need over 370,000.