Wednesday, October 31, 2012

California: Moreno Valley School board member who faces manslaughter, pimping and rape charges will not face recall

Moreno Valley school board member Mike Rios, who has been charged with attempted voluntary manslaughter, rape, pimping, pandering charges, is not going to face a recall vote on November 6. Despite the charges, the recall group failed miserably in collecting signatures. They needed 9,266 valid signatures to qualify. One of the members said they collected 500.

Rios is set for trial on Jan. 14.

Here's the quick write up of the the charges:
In April, Rios was charged with pimping, pandering and rape. Prosecutors allege he persuaded or encouraged four women and two underage girls to work for him as prostitutes. Rios also faces attempted voluntary manslaughter charges. He is accused of shooting at two people who he said followed him home after a confrontation at a Moreno Valley bar.

Tuesday, October 30, 2012

California: Santa Maria-Bonita School District Recall Missing signatures by at least 586


The attempt to recall Santa Maria-Bonita School District board member Will Smith failed to get enough signatures. Petitioners gathered 4,383 signatures, but they needed at least 586 more (plus the likelihood of failure for many of the signatures pushes that total up.

Monday, October 29, 2012

USA Today and the bloodbath of local politics

This touches on the Quartzsite, Arizona recall, but represents a good look at bitter battles in local politics.

Michigan: Detroit News opposes Troy Mayor recall

Editorial here

Colorado: DA who won office in 2005 recall facing the key recall backer in regular election

The 9th Judicial District Attorney Martin Beeson came to office in 2005 after replacing DA Colleen Truden in a recall. Now, one of the key figures in the Truden recall is challenging Beeson in this year's election.

Texas: El Paso attorneys withdraw from recall case, blast judge


Two attorneys representing the attempted recall of Mayor John Cook and two city representatives have withdrawn from the case after accusing the judge of political bias, but the mayor's reps are looking for sanctions.
This is apparently the fourth judge they've accused of bias. And this latest judge was the one who ruled in their favor.

Friday, October 26, 2012

Montana: Missoula City Councilman facing recall threats


Missoula City Councilman Alex Taft is facing recall threats over his support for so-called granny suite, which are accessory dwelling units in single family neighborhoods.

Since Missoula needs a judicial election standard, the petitioners would have to show incompetence of malfeasance, as well as get 20% of registered voters to sign.

New Mexico: Two Eldorado Community Improvement Association Board members facing petitions over using chickens as pets


Two  Eldorado Community Improvement Association Board — president Ed Moreno and Jan Deligans are facing recall petitions for "spinning" the results of a referendum.

 The vote was over whether chickens should be allowed there there, since a covenant bans “animals, birds or poultry … except for recognized household pets." The referendum failed, as it needs an absolute majority of the 2,777 owners. 999 lot owners voted for banning chickens and 805 for allowing them.

The two members have continued to push for the law.

Texas: Proposal to move College Station recall from political to judicial (malfeasance) standard

As far as I know, this is the first time there will be a vote in a jurisdiction to change a local recall from the political recall to the judicial recall or malfeasance standard.

This is due to an effort last year to recall members of the College Station council (the effort was defeated at the polls). The newspaper is editorializing in favor of the idea:

• Number 1 -- This amendment would strengthen the city's recall provisions, requiring those seeking a recall of a council member to have a legitimate reason for the recall, such as incompetency, official misconduct or malfeasance in office. The reason for the recall would have to be prominently listed on each page of a petition voters are asked to sign.
This obviously stems from the misguided efforts by residents of Wellborn and political opportunists to recall several members of the College Station council over their vote to annex Wellborn.
The proposed amendment also would extend some of the timing on recall requests. The city secretary now has five days to certify the signatures on recall petitions; the change would give the city secretary 15 business days to forward the petitions to the council. Also, current provisions give council members facing recall five days to resign or force an election on the recall. The proposed change gives the council members seven calendar days.
• Number 2 -- This amendment also stems from the Wellborn recall attempt and would clarify a special election to fill a vacancy on the council if the mayor is no longer on the council. Under the proposal, the remaining council members would have to call such an election. If all council members are removed, then it would fall to, in order, the city manager, the city secretary, the city attorney or the presiding judge of the municipal court to call the election.

Thursday, October 25, 2012

California:Signatures filed against three Coastside Fire Protection District Board Members


Signatures were filed against three Coastside Fire Protection District board members, President Doug Mackintosh, Director Mike Alifano and Director Gary Riddell. Petitioners need 2,714 valid signatures. They submitted 3,290 for Alifano, 3,366 for Riddell and 3,327 for Mackintosh.

Oregon: Second try against two Baker School Board Members

Petitioners submitted nearly the exact number of signatures needed in the recall of two Baker School Board members, chair Lynne Burroughs and Mark Henderson. They brought in 918 for each, and they need 913. In July, the brought in 1066 and 1059, but missed by 3 and 13 signatures. Apparently, they have 16 days left and are just doing this to test the first 918.

The recall is about their vote to censure fellow board member Kyle Knight. One other board member voted for the censure, but is not facing an attempted recall. Knight is suing to reverse the censure.

Non-recall op-ed: LA Times piece on the Electoral College

The LA Times kindly ran my op-ed on the Electoral College. The key point (one that I believe most people don't realize) is that the College idea was not revolutionary -- it was a modification of one that was used by most of the post-Revolution states.

Wednesday, October 24, 2012

North Carolina: Petitions handed in against Ronda Mayor, dispute as to whether town has recall provisions


A petition calling for the recall of Ronda Mayor Victor Varela was handed in. Petition alleged misconduct of "unprofessional behavior." Petition was signed by 76 people.

The petitioner claims that the recall attempt has nothing to do with the failure to appoint him as a commissioner or "the town’s consideration of a nuisance ordinance that would require him to remove his chickens from his property."

Ronda Charter from 1917 allows the recall, requiring signatures from 25 percent of turnout. There will be some issue here as the mayor argues that "a particular chapter or version for recalling elected officials was never chosen in 1920 when the charter was adopted."

Information from the N.C. School of Government provides a list of the following towns with recall capability, but Ronda is not on this list.
They are Aberdeen, Asheville, Cajah’s Mountain, Carrboro, Chapel Hill, Durham, Foxfire, Greensboro, Hickory, Lewisville, Lumberton, Oak Island, Pinebluff, Pleasant Garden, Raleigh, Randleman, River Bend, Statesville, Troutman and Winston-Salem. Recall is also permitted for the Chapel Hill-Carrboro school board.  No counties have recall for their commissioners.

Texas: El Paso School Board members can't face recalls, but law proposed to change that


El Paso Independent School District board trustee is facing threats after a major scandal, but they cannot be recalled because  "they are considered county officials under the Texas constitution and only district judges can choose to remove them."

Two local representatives are working on bills to allow recalls of school board trustees. Two bills allowing the recall were filed in 2001 and 2005, but did not pass.

Georgia: Fayette County Board of Education member facing recall threat


Fayette County Board of Education member Bob Todd is facing a recall threat for criticizing the school superintendent's leadership and allegedly talking about firing the superintendent (which occurred earlier this year, with a $200K termination package). The leader of the recall would like to expand the effort to all school board members, though one of the other members needs to hit the 180 day limit before a recall can be initiated.

Note that Georgia is a judicial recall state, requiring cause:
The recall of an elected official in Georgia is a three-step process, the first of which is to apply for a recall petition, to name a chairperson, cite a reason for the recall efforts and provide the signatures of 100 people who were registered to vote in the preceding election.
Recall efforts in Georgia must fall under at least one of five categories. \
If the application is found sufficient by the elections office, the recall petition can go forward and will require the signatures of 30 percent of the active voters registered and eligible to vote in the preceding election. In Fayette County, that number will require more than 21,000 signatures. Those signatures must be obtained within 45 days of the time the petition was issued. If found sufficient, it will trigger a recall election.

Arizona: Quartzsite's mayor finally reseated


Ed Foster, who was removed in a recall in August 2011, and then won a new term this year, was finally seated as Quartzsite’s mayor. Foster was prevented from serving because he owed a court judgment to the town.

California: A look at the Costa Mesa recall threat


Costa Mesa Councilman Jim Righeimer called the recall a "political stunt." The link article discusses the effort.

Tuesday, October 23, 2012

UK: Recall law facing further delays


The all-party Commons Political and Constitutional Reform Committee questioned the recall procedure though the Conservative government said it will need more time to develop the plan. However, Sadiq Khan, the opposition Labour's shadow justice secretary, claimed that the statements showed that the recall plan is being tossed out.