The Alaska Gubernatorial Recall effort has gone drive-thru, as they are attempting to get enough signatures to get the recall on the ballot now that the Alaska Supreme Court ruled that the recall petitions against Alaska Governor Mike Dunleavy (R) can moved forward.
Petitioners claim to have over 37K -- they need 71,252 to get on the ballot (there is no time limit). Petitioners claim they have gotten 8-10K since this pandemic started, and have been mailing out booklets.
Update: Petitioners note that they have about 41,000 signatures.
Who Will Be the Next Victim of the Grand Bounce? A nonpartisan, nonjudgmental look at the “Hair-Trigger” Form of Government
Sunday, May 31, 2020
Oregon: State GOP file new recall effort against Governor
The Oregon Republicans are planning another attempt trying to recall Oregon Governor Kate Brown (D). Last year, two attempts, including one led by Republican leaders, both failed.
Petitioners need to hand in 280,050 valid signatures. Last year, the GOP claims to have fallen short by 10%, though since they were not checked, the number is not particularly useful. A second petitin claimed to have 23,926 pages of signatures, but clearly missed the total.
There are two other attempted recalls based on the pandemic shutdown. Last year's recall effort was about climate change, so this does seem quite clearly a political effort. Brown herself is term limited.
Bill Currier, the chairman of the State Republican Party, filed the original recall papers against Governor Kate Brown (D). Another petition was also filed by a local resident, focusing on homeless issues.
Petitioners need to hand in 280,050 valid signatures. Last year, the GOP claims to have fallen short by 10%, though since they were not checked, the number is not particularly useful. A second petitin claimed to have 23,926 pages of signatures, but clearly missed the total.
There are two other attempted recalls based on the pandemic shutdown. Last year's recall effort was about climate change, so this does seem quite clearly a political effort. Brown herself is term limited.
Bill Currier, the chairman of the State Republican Party, filed the original recall papers against Governor Kate Brown (D). Another petition was also filed by a local resident, focusing on homeless issues.
Oregon, the first state to adopt the recall for state-level officials way back in 1908, has had recalls against three state legislators, but never a Governor. Brown actually got the job when her predecessor John Kitzhaber faced a recall threat.
What is perhaps most noteworthy is that Oregon's recall law does not provide for the election of a replacement. Replacements are instead "filed immediately in the manner provided by law for filing a vacancy in that office arising from any other cause."
Colorado: Mesa County Clerk facing recall effort
Mesa County Clerk Tina Peters (R) is facing a recall effort, led by a former elections director. Petitioners would need 12,129 to get on the ballot. Peters has been under attack for a high turnover rate and for undiscovered ballots.
Oregon: Senate Republican recall effort fails
The recall effort against Senator Chuck Thomsen (R) has failed, with petitioners noting that the coronavirus social distancing rules appear to have killed the effort. Thomsen is one of the Republicans who have walked out on the legislature to prevent climate change legislation.
Petitioners needed 9025 signatures to get on the ballot and had raised more than $130K. Petitioners claimed to have had 2800 signatures early on, but the virus stopped their effort from then on.
Petitioners needed 9025 signatures to get on the ballot and had raised more than $130K. Petitioners claimed to have had 2800 signatures early on, but the virus stopped their effort from then on.
Thursday, May 28, 2020
Minnesota: Petition filed against Governor over stay in place rules
The petitions seeking the recall of Governor Tim Walz (D) over shelter-in-place rules instituted to fight the spread of the coronavirus have been filed. No word on when the petitions will be approved or (most likely) rejected.
Minnesota is a malfeasance standard state and would require petitioners to meet a stringent requirement of malfeasance to get on the ballot. Minnesota has generally reject all recalls since its state law was approved in 1996. However, in 2018 there was a recall against Tracy Councilman Tony Peterson (he survived the vote).
If approved, petitioners would need about 610,000 signatures to get on the ballot.
Minnesota is a malfeasance standard state and would require petitioners to meet a stringent requirement of malfeasance to get on the ballot. Minnesota has generally reject all recalls since its state law was approved in 1996. However, in 2018 there was a recall against Tracy Councilman Tony Peterson (he survived the vote).
If approved, petitioners would need about 610,000 signatures to get on the ballot.
Illinois: Representative threatens recall of Governor
Governor J.B. Pritzker (D) has been threatened with a recall by State Representative Allen Skillicorn (R) over the state's unemployment claims website problems. Illinois' recall law is very difficult, as it requires signatures from 20 state representatives and 10 state senators, half of them much be from each party before signatures can be collected. Petitioners would then need at least 637,000 signatures, including 15% in at least 25 counties. No word on Skillicorn getting any co-signers.
Sunday, May 24, 2020
Michigan: Governor and Attorney General shot down by board of canvassers
Petitions against Michigan Governor Gretchen Whitmer (D) and Attorney General Dana Nessel (D) has been thrown out by the Board of State Canvassers. The petitioner cited the COVID-191 shut downs and a decision not to remove Jackson Sheriff Steve Rand for the Governor and the Flint water crisis for the Attorney General (who is not handling that criminal action).
A notification error had lead election officials to delay the review of petitions taken out against over her stay at home order. The petitioner is alleged to have previously threatened to kill 10,000 people by poisoning the water supply and a family court referees and county judges. The petitioner has previously taken out four recall efforts, including against the former Albion Mayor Garrett Brown.
The petition comes after an online recall petition on alter.org that has 80,000 signatures. As noted before, online petitions do not count and are not really indicative of support (especially since most of the signers may be out of state).
Petitioners would need 1,062,647 signatures to get on the ballot, and thanks to changes in the law enacted by the GOP-led legislatures in 2012, a removal of Whitmer would simply lead to the elevation of the Lieutenant Governor.
A notification error had lead election officials to delay the review of petitions taken out against over her stay at home order. The petitioner is alleged to have previously threatened to kill 10,000 people by poisoning the water supply and a family court referees and county judges. The petitioner has previously taken out four recall efforts, including against the former Albion Mayor Garrett Brown.
The petition comes after an online recall petition on alter.org that has 80,000 signatures. As noted before, online petitions do not count and are not really indicative of support (especially since most of the signers may be out of state).
Petitioners would need 1,062,647 signatures to get on the ballot, and thanks to changes in the law enacted by the GOP-led legislatures in 2012, a removal of Whitmer would simply lead to the elevation of the Lieutenant Governor.
Michigan: Two Casnovia Township officials survive recall election
Two Casnovia Township officials, Clerk Jennie Powell (R) and Trustee Daniel Winell (R), survived the May 5 recall vote.. Powell beat Carrie Schuman (Nonpartisan) 245-209, and Winell beat Steven Sower Jr. (Nonpartisan) 230-224. The totals are still unofficial.
The recall was over their vote to approve wind farms.The wind farm has since been dropped. Petitioners got over 400 signatures.
Treasurer Gayle Brock also faced a recall effort, but he resigned.
The recall was over their vote to approve wind farms.The wind farm has since been dropped. Petitioners got over 400 signatures.
Treasurer Gayle Brock also faced a recall effort, but he resigned.
Montana: Signatures verified in Stevensville Mayor recall effort; Recall to take place on August 4
Petitioners have handed in enough signatures for the recall of Stevensville Mayor Brandon Dewey over a contract for services with a tech provider. The claim is that the $79,800 contract wasn't approved by the City Council. There was also petitions filed five petitions filed against Dewey from 2018-2019, though none met the state's malfeasance standard and all were tossed.
Petitioners needed 251 signatures, which they seem to have met.
Update: The recall is set for August 4. The mayor responded to the charges here.
Petitioners needed 251 signatures, which they seem to have met.
Update: The recall is set for August 4. The mayor responded to the charges here.
New Jersey: One leader of recall effort against Trenton Councilman pulls out; Mayor and Councilwoman still targeted
The recall effort against Trenton Councilman Joe Harrison is facing a set back after one of the lead petitioners has asked to remove her name from the recall committee. Petitioners now need to submit a new petition to start recall efforts.
One of the other lead petitioners is a former aide to the council president.
The recall effort is also targeting Mayor Reed Gusciora and Councilwoman Robin Vaughn. The three fought at a recent meeting, with Vaughn attacking the city's nonprofits, leading to being called numerous names by Gusciora. Vaughn then called Gusciora a "pedophile" and then attacked Harrison with vituperative comments about his parents.
One of the other lead petitioners is a former aide to the council president.
The recall effort is also targeting Mayor Reed Gusciora and Councilwoman Robin Vaughn. The three fought at a recent meeting, with Vaughn attacking the city's nonprofits, leading to being called numerous names by Gusciora. Vaughn then called Gusciora a "pedophile" and then attacked Harrison with vituperative comments about his parents.
Nevada: Gubernatorial recall effort fails
The recall effort against Nevada Governor Steve Sisolak (D) has failed, with petitioners claiming that they got over 33,000 signatures, and needed 243,995. .
While the effort never appeared to have much momentum, the attempt floundered after a judge rejected an attempt to get an extension for the recall effort due to the stay at home orders. The recall effort has been over the kitchen sink of complaints, including gun control, private well limits, DMV policy and an (apparently false) claim that he supports an income tax. The plan was announced last June.
While the effort never appeared to have much momentum, the attempt floundered after a judge rejected an attempt to get an extension for the recall effort due to the stay at home orders. The recall effort has been over the kitchen sink of complaints, including gun control, private well limits, DMV policy and an (apparently false) claim that he supports an income tax. The plan was announced last June.
Friday, May 22, 2020
Minnesota: Petition sought in Governor recall over stay in place rules
Petitions are being sought for the recall of Governor Tim Walz (D) over shelter-in-place rules instituted to fight the spread of the coronavirus.
Minnesota is a malfeasance standard state and would require petitioners to meet a stringent requirement of malfeasance to get on the ballot. Minnesota has generally reject all recalls since its state law was approved in 1996. However, in 2018 there was a recall against Tracy Councilman Tony Peterson (he survived the vote).
If approved, petitioners would need about 610,000 signatures to get on the ballot.
Minnesota is a malfeasance standard state and would require petitioners to meet a stringent requirement of malfeasance to get on the ballot. Minnesota has generally reject all recalls since its state law was approved in 1996. However, in 2018 there was a recall against Tracy Councilman Tony Peterson (he survived the vote).
If approved, petitioners would need about 610,000 signatures to get on the ballot.
Wednesday, May 20, 2020
Arizona: Graham County Clerk of the Superior Court losing recall vote to 2018 general election challenger
It looks like Graham County Clerk of the Superior Court Cindy Woodman (R) has been removed in an overwhelming vote. Woodman lost to Challenger Heidi Torrio (R) leads 3771 over Marianne Clonts (R), who has 1531. Woodman currently has 311 votes. Torrio lost to Woodman in the 2018 general election.
Woodman faced the vote over complaints about her tenure, including high turnover, lack of knowledge and a court ruling that she was "derelict in her duties" due to evidence mishandling. Petitioners needed 2697 signatures.
Woodman faced the vote over complaints about her tenure, including high turnover, lack of knowledge and a court ruling that she was "derelict in her duties" due to evidence mishandling. Petitioners needed 2697 signatures.
California: Santa Ana Council member losing recall race
The early returns are showing that Santa Ana Council member Cecilia Iglesias (R) is losing the recall vote. So far, about 11,000 have voted for a recall and 8600 were opposed. Final results won't be announced until Friday. Rancho Santiago Community College District Board Member Nelida Mendoza is leading by six points in the replacement race over Thai Viet Phan and planning commissioner Angie Cano (who is opposed to the recall).
There was also an attempt to recall Councilman Juan Villegas (I), though that seems to have failed. The recall effort is backed by the police union, over their votes on how to spend a $25 million sales tax. The two voted to spend it on neighborhood improvements. The council approved a police raise.
There was also an attempt to recall Councilman Juan Villegas (I), though that seems to have failed. The recall effort is backed by the police union, over their votes on how to spend a $25 million sales tax. The two voted to spend it on neighborhood improvements. The council approved a police raise.
Washington: Judges approves petitions in Snohomish County Sheriff recall
Snohomish County Sheriff Adam Fortney is facing two recall efforts over his Facebook comments against the Governor's coronavirus pandemic restrictions. Fortney claims that he "will not be enforcing an order preventing religious freedoms or constitutional rights."
A Cowlitz County Judge (moved for conflict of interest reasons) has approved the legal grounds for the first submission, though is not approving online signature gathering or any other changes to the process.
A second group is looking to recall him over the handling of the county jail during the pandemic and for rehiring three deputies who were fired by the previous sheriff.
The petitioners would need about 44,000 signatures to get on the ballot.
Update: The second petition has been approved. And the State Supreme Court has also approved it.
A Cowlitz County Judge (moved for conflict of interest reasons) has approved the legal grounds for the first submission, though is not approving online signature gathering or any other changes to the process.
A second group is looking to recall him over the handling of the county jail during the pandemic and for rehiring three deputies who were fired by the previous sheriff.
The petitioners would need about 44,000 signatures to get on the ballot.
Update: The second petition has been approved. And the State Supreme Court has also approved it.
Kansas: State Senator looks to expand recall law
State Senator Dennis Pyle (R) is trying to expand the recall law, though the contours do not seem clear yet. The precipitating event seems to be the threat that Governor Laura Kelly (D) can effectively "pocket veto" legislation at the end of the session with the legislature requiring a special session in order to override the decision.
Kansas has a malfeasance standard recall law, so a pocket veto would almost certainly not be a reason to allow a recall. Pyle's letter does not explain how the law would be expanded, though it could add the pocket veto into the reasons for recall or just open up the state to a political recall law entirely.
Monday, May 18, 2020
Illinois: Representative threatens recall of Governor
Governor J.B. Pritzker (D) has been threatened with a recall by State Representative Allen Skillicorn (R) over the state's unemployment claims website problems. Illinois' recall law is very difficult, as it requires signatures from 20 state representatives and 10 state senators, half of them much be from each party before signatures can be collected.
Sunday, May 17, 2020
Taiwan: Kaohsiung Mayor calls for voters to not vote in recall
In a move to defeat the June 6 recall vote, Kaohsiung Mayor Han Kuo-yuto has called on his voters to not vote. There is an absentee voter provision -- 25% of eligible voters must cast ballots for the recall to count.
Petitioners submitted about 400,000 and 377,662 have been verified. Petitioners needed 10% of eligible voters to sign (about 230,000). The Central Election Commission will meet on April 17 to decided whether to schedule the recall.
Han was the Kuomintang Presidential candidate in the recent election (he lost) and was being threatened with a recall following flooding in the town (though presumably this may be part of the presidential political wrangling).
Petitioners submitted about 400,000 and 377,662 have been verified. Petitioners needed 10% of eligible voters to sign (about 230,000). The Central Election Commission will meet on April 17 to decided whether to schedule the recall.
Han was the Kuomintang Presidential candidate in the recent election (he lost) and was being threatened with a recall following flooding in the town (though presumably this may be part of the presidential political wrangling).
Nevada: Judge rejects request for time extension for Gubernatorial recall effort
An attempt to get an extension for the recall effort against Nevada Governor Steve Sisolak (D) has been rejected by a federal district judge. asking for an extension to the 90 day signature collection period due to the stay at home orders. The recall effort has been over the kitchen sink of complaints, including gun control, private well limits, DMV policy and an (apparently false) claim that he supports an income tax. The plan was announced last June.
Petitioners would need 243,995 signatures in 90 days. They apparently had 15,897 by the 45 day mark.
Petitioners would have to post a bond of pay for signature verification. Changes to the law also split the gathering period in two, and petitioners would have to hand in all signatures gathered in the first half (45 days) to be turned in soon after to be declared valid.
Petitioners would need 243,995 signatures in 90 days. They apparently had 15,897 by the 45 day mark.
Petitioners would have to post a bond of pay for signature verification. Changes to the law also split the gathering period in two, and petitioners would have to hand in all signatures gathered in the first half (45 days) to be turned in soon after to be declared valid.
Thursday, May 14, 2020
Idaho: Priest Lake Library District Board Members board up for a vote this week
Next week will see the vote for the recall of Priest Lake Library District Board Members Debbie Sudnikovich, Laurel Smith, Nancy Bushman and Lori McReynolds over their vote to fire the library director. There is also a civil suit against each trustee. The vote will be on the presidential primary date. A former board member, Rosemary Youcum, will be running.
Alaska: Palmer Councilman recall rejected
The recall effort against Palmer Councilman Richard Best has been rejected over failing to put forward sufficient grounds. Not sure what the argument is.
Colorado: Wiggins Trustee survives recall vote; wins mayoral office
A little late here, but Wiggins Trustee Jeffrey Palmer both survived a recall vote on April 7 and one a new office. Palmer beat back the recall 84-134. But he also won the mayoral race 125-102.
California:No signatures handed in against Fresno Unified Trustee
No signatures were handed in for the recall of Fresno School Board Trustee Terry Slatic. The recall was over arguments with a cheerleading team, a wrestling coach and an army recruiter. Slatic was put in office in December. Two trustees, Veva Islas and Keshia Thomas, spoke in favor of a recall effort.
Petitioners need 7388 signatures and claimed to have 914.
Petitioners need 7388 signatures and claimed to have 914.
Wednesday, May 13, 2020
Nevada: Petitioners asking for more time for Gubernatorial recall effort
Fight for Nevada, the group leading the recall effort against Nevada Governor Steve Sisolak (D) is asking for an extension to the 90 day signature collection period due to the stay at home orders. The recall effort has been over the kitchen sink of complaints, including gun control, private well limits, DMV policy and an (apparently false) claim that he supports an income tax. The plan was announced last June.
Petitioners would need 243,995 signatures in 90 days. They apparently had 15,897 by the 45 day mark.
Petitioners would have to post a bond of pay for signature verification. Changes to the law also split the gathering period in two, and petitioners would have to hand in all signatures gathered in the first half (45 days) to be turned in soon after to be declared valid.
The Nevada Independent notes some details about the attorney representing the Fight for Nevada group:
Petitioners would need 243,995 signatures in 90 days. They apparently had 15,897 by the 45 day mark.
Petitioners would have to post a bond of pay for signature verification. Changes to the law also split the gathering period in two, and petitioners would have to hand in all signatures gathered in the first half (45 days) to be turned in soon after to be declared valid.
The Nevada Independent notes some details about the attorney representing the Fight for Nevada group:
The recall group’s attorney is Robert Barnes, a prominent Los Angeles attorney who is backing litigation challenging COVID-19 shutdown orders in several states. Barnes represented actor Wesley Snipes in a major tax case and more recently represented internet conspiracy theorist Alex Jones in a defamation and emotional distress lawsuit brought by the parent of a child killed during the 2013 Sandy Hook Elementary School mass shooting.
UK: Councillor pushes Scottish Parliament to adopt recall law
A Renfrewshire Councillor is pushing for the Scottish Parliament to adopt a recall law along the lines of the UK's (an official who is convicted of a crime with less than 12 months in prison can face a signature gathering effort -- over 12 months leads to an ouster).
The push comes from the news that former Finance Secretary Derek Mackay (SNP) has been accused of sending hundreds of online messages to a 16 year old boy. Mackay has been suspended by his party, but is still a member of Parliament. Mackay has effectively disappeared from view.
The push comes from the news that former Finance Secretary Derek Mackay (SNP) has been accused of sending hundreds of online messages to a 16 year old boy. Mackay has been suspended by his party, but is still a member of Parliament. Mackay has effectively disappeared from view.
Massachusetts: Reading Select Board Chair recall facing coronavirus scheduling issues
The coronavirus pandemic and a challenge to the signatures has meant that the Reading Select Board Chair Vanessa Alvarado has still not been scheduled. Alvarado is also claiming that the signatures were fraudulently obtained. 2239 valids were submitted, petitioners needed 1998 to get on the ballot. Alvarado's attorney has objected to 912 signatures. Each person would have to show up to a meeting to have their name stricken from the petition.
The issue seems to be questions regarding the search for a new police chef. The leader of the petition driver was former Select Board member John Arena (who lost to Alvarado two years ago).
The election has to be scheduled by October 6. It could coincide with the September state primary, but there is a push against that, as it would mean doubling the number of poll workers. Right now, they are looking at an all-mail ballot.
There is also a concern about replacements -- who would need to collect 50 signatures to get on the ballot. There is no provision to waive that requirement.
The election has to be scheduled by October 6. It could coincide with the September state primary, but there is a push against that, as it would mean doubling the number of poll workers. Right now, they are looking at an all-mail ballot.
There is also a concern about replacements -- who would need to collect 50 signatures to get on the ballot. There is no provision to waive that requirement.
Sunday, May 10, 2020
Alaska: Supreme Court rules in favor of recall effort against Governor
The Alaska Supreme Court ruled that the recall petitions against Alaska Governor Mike Dunleavy (R) can moved forward. The Court upheld an Superior Court ruling and tossed out the Attorney General’s determination that the recall
was not allowed under the state’s malfeasance standard. There was a partial dissent from Justice Craig Stowers, who was against allowing the recall to
advance on two of the four listed grounds, but it sounds like he was in
agreement on the other grounds.
A few important points here:
The pandemic has been a significant problem for recall campaigns as they have been unable to use traditional means to gather signatures, but Alaska’s unique recall law may give it a better chance of getting to the ballot.
Alaska has no deadline on recall petitions once they are issued. I have to check, but I believe it is the only state to have such a lenient requirement for state level officials. From what I’ve seen, other states have anywhere from 60 days to 270 days to collect the signatures. While petitioners have said that they will start collecting using a mail-in system, this “no time-barred” rule should be a great benefit for petitioners.
Another factor to consider is that if petitioners they want to get the election on the ballot for November, they need to turn signatures (71,252) in about two months. Otherwise, the recall would take place as a special election. There are pluses and minuses to both sides. There is a general belief that holding the recall on the same day as the Presidential race would be beneficial to Dunleavy, as Alaska is likely to vote in favor of Republicans and Trump (it has only once voted for a Democrat for President – 1964 – and since 1968, the highest percentage a Democrat has ever gotten is 40.81% of the vote). That said, to my great surprise, recalls appear to be more likely to succeed in a general election than in a special (Note that the previous gubernatorial recalls were all special elections).
Additionally, Dunleavy would automatically be replaced by a Republican, his Lieutenant Governor Kevin Meyer. This would clearly mitigate (though of course not end) the push to claim that the recall is purely partisan.
The full decision has not been released as of yet, so we do not know the full impact on Alaska’s recall law. While the written decision won’t affect the Governor, it could have an outsized effect on Alaska’s recall law. Alaska has a malfeasance or judicial recall (not to be confused with a recall of a judge) standard, which requires that the petitioner show a violation of a law, lack of fitness or some manifest incompetence and requires an agency or the courts to hold that a specific, statutorily delineated bad act was performed by the elected official.
The recall is over major spending cuts (some of which have since been reversed), delays in appointing judges misusing state funds and mistakenly vetoing funds.
This is the first time in US history that a recall has been allowed against a Governor in a malfeasance standard state.
Alaska's law is different than the traditional malfeasance standard. A 1984 Alaska Supreme Court ruling in Meiners v. Bering Strait School District, held that the recall law “should be liberally construed so that the people are permitted to vote and express their will” - at least on the local level. In 2017, a Superior Court judge used this decision to allow a recall to move forward against three Homer City Council members over their support for protesters against the Dakota pipeline. This liberal construction of the recall has led to at least 27 recalls making the ballot since 2011.
On the state level, we have not seen the more liberal construction standard used. In recent years, recalls have been rejected against a governor, two state senators and one assembly representative due to a failure to state a valid cause of action. A liberal construction decision could change that. There is probably good reason to believe that the courts may not take a stand on the subject, as they do not need to in order to approve this petition, but we will see.
A few important points here:
The pandemic has been a significant problem for recall campaigns as they have been unable to use traditional means to gather signatures, but Alaska’s unique recall law may give it a better chance of getting to the ballot.
Alaska has no deadline on recall petitions once they are issued. I have to check, but I believe it is the only state to have such a lenient requirement for state level officials. From what I’ve seen, other states have anywhere from 60 days to 270 days to collect the signatures. While petitioners have said that they will start collecting using a mail-in system, this “no time-barred” rule should be a great benefit for petitioners.
Another factor to consider is that if petitioners they want to get the election on the ballot for November, they need to turn signatures (71,252) in about two months. Otherwise, the recall would take place as a special election. There are pluses and minuses to both sides. There is a general belief that holding the recall on the same day as the Presidential race would be beneficial to Dunleavy, as Alaska is likely to vote in favor of Republicans and Trump (it has only once voted for a Democrat for President – 1964 – and since 1968, the highest percentage a Democrat has ever gotten is 40.81% of the vote). That said, to my great surprise, recalls appear to be more likely to succeed in a general election than in a special (Note that the previous gubernatorial recalls were all special elections).
Additionally, Dunleavy would automatically be replaced by a Republican, his Lieutenant Governor Kevin Meyer. This would clearly mitigate (though of course not end) the push to claim that the recall is purely partisan.
The full decision has not been released as of yet, so we do not know the full impact on Alaska’s recall law. While the written decision won’t affect the Governor, it could have an outsized effect on Alaska’s recall law. Alaska has a malfeasance or judicial recall (not to be confused with a recall of a judge) standard, which requires that the petitioner show a violation of a law, lack of fitness or some manifest incompetence and requires an agency or the courts to hold that a specific, statutorily delineated bad act was performed by the elected official.
The recall is over major spending cuts (some of which have since been reversed), delays in appointing judges misusing state funds and mistakenly vetoing funds.
This is the first time in US history that a recall has been allowed against a Governor in a malfeasance standard state.
Alaska's law is different than the traditional malfeasance standard. A 1984 Alaska Supreme Court ruling in Meiners v. Bering Strait School District, held that the recall law “should be liberally construed so that the people are permitted to vote and express their will” - at least on the local level. In 2017, a Superior Court judge used this decision to allow a recall to move forward against three Homer City Council members over their support for protesters against the Dakota pipeline. This liberal construction of the recall has led to at least 27 recalls making the ballot since 2011.
On the state level, we have not seen the more liberal construction standard used. In recent years, recalls have been rejected against a governor, two state senators and one assembly representative due to a failure to state a valid cause of action. A liberal construction decision could change that. There is probably good reason to believe that the courts may not take a stand on the subject, as they do not need to in order to approve this petition, but we will see.
Thursday, May 7, 2020
California: El Rancho School Board recall scheduled for June 2
The recall vote against El Rancho School Board member Leeanne Ibarra and resigned President Jose Lara will take place on June 2, with ballots already mailed out.
Despite Lara's resignation, he will still be on the ballot.
Petitioners handed in about 9700 signatures for each. They got 7659 for Lara and 7623 for Ibarra. They needed 6509 signatures to get on the ballot.
The El Rancho Federation of Teachers supported the recall effort. The issues include questions over suspected bond mismanagement, rehiring of a construction company and principal firing and reassignment. The recall effort allegedly cost only $7000 to mount.
Joe Rivera and Esther Mejia are running in the election.
Despite Lara's resignation, he will still be on the ballot.
Petitioners handed in about 9700 signatures for each. They got 7659 for Lara and 7623 for Ibarra. They needed 6509 signatures to get on the ballot.
The El Rancho Federation of Teachers supported the recall effort. The issues include questions over suspected bond mismanagement, rehiring of a construction company and principal firing and reassignment. The recall effort allegedly cost only $7000 to mount.
Joe Rivera and Esther Mejia are running in the election.
Nevada: Las Vegas Mayor facing recall over TV comments calling for city to be "control group" for opening up during shutdown
Petitions have been taken out against Las Vegas Mayor Carolyn Goodman (I) over her call to have the city serve as a "control group" for opening up after a shutdown.
Petitioners would need 6745 signatures by August 4.
The article notes other Las Vegas recall attempts, one of which led to a resignation last year and one where a Councilman survived in 2012. It also points to a successful 2005 recall of Councilwoman Janet Moncrief over a campaign finance scandal.
Petitioners would need 6745 signatures by August 4.
The article notes other Las Vegas recall attempts, one of which led to a resignation last year and one where a Councilman survived in 2012. It also points to a successful 2005 recall of Councilwoman Janet Moncrief over a campaign finance scandal.
Zimbabwe: Four Opposition Members of Parliament face recall over internal party fight
Zimbabwe's recall law allows removal when the political party declares that the member is longer a part of that party. MDC-T members Prosper Mutseyami (chief whip) Charlton Hwende, Thabitha Khumalo and Senator Lillian Timveous all were removed after claims that they no represent the party's interests. MDC-T is the opposition party.
A previous attempt to recall two Senators was rejected by the Senate President.
A previous attempt to recall two Senators was rejected by the Senate President.
Idaho: Mountain Home Mayor facing recall threats over support for a shutdown
Mountain Home Mayor Rich Sykes is facing threats of a recall after calling for people to be more careful in following the Governor's Stay-At-Home order, including threatening to "shut everything down" due to the city attracting people from other counties. There is also a complaint about an issue with the fire department.
Tuesday, May 5, 2020
New Jersey: Trenton Councilwoman facing recall threats
Trenton City Councilwoman Robin Vaughn is facing a recall threat over a homophobic rant. Petitioners would need 3401 signatures to get on the ballot.
New Jersey: Executive Order for signature gathering leaves out recall
An executive order signed by New Jersey Governor Phil Murphy allows electronic signatures on ballot initatives and referendum throughout the Coronavirus shut in, but the law specifically doesn't allow it for recall elections.
Nebraska: Friend City Mayor and City Council Recall fails
The recall against Friend City Mayor Jewels Knoke and City Council members Phyllis Ryan and Shane Stutzman, which was set to occur later this year, has failed after enough signatures were tossed out.
The recall was over a state audit that found $1 million was misused by a former city employee. Petitioners needed to get 75 signatures for Knoke and Stutzman and 54 for Ryan. It sounds like enough were handed in, but they failed the verification test. An affidavit said that the petitioners who gathered some of the signatures was not the person who signed the document, so they were thrown out. Petitioners got 66 for Knoke and 40 for the other two.
The recall was over a state audit that found $1 million was misused by a former city employee. Petitioners needed to get 75 signatures for Knoke and Stutzman and 54 for Ryan. It sounds like enough were handed in, but they failed the verification test. An affidavit said that the petitioners who gathered some of the signatures was not the person who signed the document, so they were thrown out. Petitioners got 66 for Knoke and 40 for the other two.
Monday, May 4, 2020
Michigan: Notification error results in delay of review of Michigan Governor petitions
A notification error is leading election officials to delay the review of petitions taken out against Michigan Governor Gretchen Whitmer (D) over her stay at home order. The petitioner has allegedly previously threatened to kill 10,000 people by poisoning the water supply and a family court referees and county judges. The petitioner has previously taken out four recall efforts, including against the former Albion Mayor Garrett Brown.
The petition comes after an online recall petition on alter.org that has 80,000 signatures. As noted before, online petitions do not count and are not really indicative of support (especially since most of the signers may be out of state).
Petitioners would need 1,062,647 signatures to get on the ballot, and thanks to changes in the law enacted by the GOP-led legislatures in 2012, a removal of Whitmer would simply lead to the elevation of the Lieutenant Governor.
The petition comes after an online recall petition on alter.org that has 80,000 signatures. As noted before, online petitions do not count and are not really indicative of support (especially since most of the signers may be out of state).
Petitioners would need 1,062,647 signatures to get on the ballot, and thanks to changes in the law enacted by the GOP-led legislatures in 2012, a removal of Whitmer would simply lead to the elevation of the Lieutenant Governor.
Sunday, May 3, 2020
Illinois: Online petition for recall of Governor
An online petition is calling for the recall of Illinois Governor J.B. Pritzker (D), which seems to take a kitchen sink approach, though it is clearly backed by groups opposed to protective orders against the coronavirus pandemics. Among their complaints include Cannabis being an essential business; that Pritzker didn't issue a stay at home order fast enough, but had a primary election; and a failure to eliminate the sales tax.
Illinois has a recall just for the governor, though it requires a bi-partisan collection of state legislators to sign the petition. So far, no one is actually taking out a petition.
Illinois has a recall just for the governor, though it requires a bi-partisan collection of state legislators to sign the petition. So far, no one is actually taking out a petition.
Arizona: Petitions filed against Governor over Stay-at-Home order
Governor Doug Ducey (R) has been hit with a recall petition over his stay-at-home order to battle the coronavirus pandemic. Petitioners a including congressional candidate Josh Barnett (R), who is running in a very safe Democratic district.There also seems to be a connection to Daniel McCarthy, who is running a primary race against Senator Martha McSally (R).
Petitioners would need over 594,000 signatures in 120 days.
Petitioners would need over 594,000 signatures in 120 days.