The publisher of a Miami Community Newspapers is calling for the recall of Miami Commissioner Joe Carollo over claims that he is conducting a revenge campaign against his opponents. Carollo is the former City Manager of the City of Doral and the publisher claims that Carollo had previously called any opponents part of a "secret Communist cabal."
Petitioners would need 1580 signatures in 30 days and then 4738 signatures in 60 days.
Saturday, August 31, 2019
Friday, August 30, 2019
Alaska: Thoughts on the Unique Challenges of the Alaska Gubernatorial recall
I wrote the following op-ed on the effort to recall Alaska Governor Mike Dunleavy (R) after his line item vetoes. I want to expand on those thoughts here.
While there have been five other governors who have been threatened with a recall, the Alaska recall effort stands out.
1) Dunleavy is the only Republican facing a recall effort -- the other five are Democrats.
2) The recall drive is significantly less partisan -- numerous Republicans are involved in the petition effort. The others recall efforts appear to be explicitly partisan to the degree that the state party chairs are publicly involved.
3) Unlike the other states, due to Alaska law, if Dunleavy is removed, he will automatically be replaced by a Republican, his Lieutenant Governor Kevin Meyer. Oregon has some questions in this area, but the the leaders of the other five recall efforts clearly believe that they will flip the State Executive with a successful recall.
4) Alaska is the only "malfeasance standard" state to have a recall effort, which means that the courts could throw the recall out.
The first three points speak for themselves. But the fourth one is arguably the most important.
Nineteen states allow for a recall of a governor. But there is a big division in what is needed to get a recall on the ballot. In 11 states, including the five mentioned above, there is a political recall law. Under these laws, officials can face a recall for almost any reason. Causes of action, such as alleging actual criminal behavior or incompetence, is not required at all for the recall to move forward.
Alaska has what I call the 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. These laws vary greatly from state to state. In Illinois, only the governor is covered by recall, and in Virginia, there is no election but rather a judicial hearing. But all of these malfeasance standard states require an agency or the courts to hold that a specific, statutorily delineated bad act was performed by the elected official.
The difference is clear. There have been six state-wide recalls in US history, all in political states. There have been 39 state legislative recalls. Only one (in Washington in 1981) was in a malfeasance standard state.
In Alaska, the malfeasance standard appears to operate quite a bit differently than other states, in such a way that it is almost a hybrid version that may allow political recalls at will.
In Alaska’s case, petitioners must first gather verified signatures amounting to 10% of the turnout in the previous election (28,501), and then have the director of the Division of Elections-- headed by the same Lieutenant Governor who would become governor if Dunleavy is removed -- agree that the reasons stated in the petition meets the cause requirements in Alaska’s law. If the director approves this, petitioners must then gather signatures amounting to 25% of turnout (71,252 signatures). In the past, the division has rejected recalls against a governor, two state senators and one assembly representative due to a failure to state a valid cause of action.
But at the same time, a 1984 Alaska Supreme Court ruling 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. The judge noted that the Alaska Supreme Court has previously held that the recall In the end, the Homer recall took place, though all the officials survived the vote. The Homer recall is not the only one to take place in recent years. This liberal construction of the recall has led to at least 27 recalls making the ballot since 2011, including the mayor of Whittier and a city councilman in Sarah Palin’s hometown of Wasilla.
What does this mean? One, as always as usual, we are ending up in the courts before this move forward. Two, the petitioners clearly think they have a good chance of success. But plenty of others have thought that in the past. Will the Alaska Supreme Court accept this liberal approach to recall law and allow it to go forward, or will they dial this effort back? It seems like we are about to find out.
While there have been five other governors who have been threatened with a recall, the Alaska recall effort stands out.
1) Dunleavy is the only Republican facing a recall effort -- the other five are Democrats.
2) The recall drive is significantly less partisan -- numerous Republicans are involved in the petition effort. The others recall efforts appear to be explicitly partisan to the degree that the state party chairs are publicly involved.
3) Unlike the other states, due to Alaska law, if Dunleavy is removed, he will automatically be replaced by a Republican, his Lieutenant Governor Kevin Meyer. Oregon has some questions in this area, but the the leaders of the other five recall efforts clearly believe that they will flip the State Executive with a successful recall.
4) Alaska is the only "malfeasance standard" state to have a recall effort, which means that the courts could throw the recall out.
The first three points speak for themselves. But the fourth one is arguably the most important.
Nineteen states allow for a recall of a governor. But there is a big division in what is needed to get a recall on the ballot. In 11 states, including the five mentioned above, there is a political recall law. Under these laws, officials can face a recall for almost any reason. Causes of action, such as alleging actual criminal behavior or incompetence, is not required at all for the recall to move forward.
Alaska has what I call the 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. These laws vary greatly from state to state. In Illinois, only the governor is covered by recall, and in Virginia, there is no election but rather a judicial hearing. But all of these malfeasance standard states require an agency or the courts to hold that a specific, statutorily delineated bad act was performed by the elected official.
The difference is clear. There have been six state-wide recalls in US history, all in political states. There have been 39 state legislative recalls. Only one (in Washington in 1981) was in a malfeasance standard state.
In Alaska, the malfeasance standard appears to operate quite a bit differently than other states, in such a way that it is almost a hybrid version that may allow political recalls at will.
In Alaska’s case, petitioners must first gather verified signatures amounting to 10% of the turnout in the previous election (28,501), and then have the director of the Division of Elections-- headed by the same Lieutenant Governor who would become governor if Dunleavy is removed -- agree that the reasons stated in the petition meets the cause requirements in Alaska’s law. If the director approves this, petitioners must then gather signatures amounting to 25% of turnout (71,252 signatures). In the past, the division has rejected recalls against a governor, two state senators and one assembly representative due to a failure to state a valid cause of action.
But at the same time, a 1984 Alaska Supreme Court ruling 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. The judge noted that the Alaska Supreme Court has previously held that the recall In the end, the Homer recall took place, though all the officials survived the vote. The Homer recall is not the only one to take place in recent years. This liberal construction of the recall has led to at least 27 recalls making the ballot since 2011, including the mayor of Whittier and a city councilman in Sarah Palin’s hometown of Wasilla.
What does this mean? One, as always as usual, we are ending up in the courts before this move forward. Two, the petitioners clearly think they have a good chance of success. But plenty of others have thought that in the past. Will the Alaska Supreme Court accept this liberal approach to recall law and allow it to go forward, or will they dial this effort back? It seems like we are about to find out.
Michigan: House calls for resignation of State Representative indicted over bribery and extortion charges
The move to push out Michigan State Representative Larry C. Inman (R) after a grand jury charged him with attempted extortion, bribery and lying to the FBI continues, with the House voting 98-8 to call for his resignation. Inman is accused of trying to get a bribe from a union group for a vote to repeal the state's prevailing wage law.
Petitions are being collected and would need 12201 signatures to get on the ballot.
Petitions are being collected and would need 12201 signatures to get on the ballot.
Maine: Four Mechanic Falls Councilors up for a vote on September 24
A recall against Mechanic Falls Council Chair Cathy Fifield (242), Vice Chair Wayne Hackett (248) and Councilors Nicholas Konstantoulakis (231) and John Emery (224) is set for September 24. The issue was a 4-1 vote to dismiss Town Manager Zakk Maher in what is alleged to be a violation of the Open Meeting Act.
Petitioners needed at least 192 signatures in 30 days (15% of gubernatorial turnout). There is a "absentee veto" provision, where the total votes in the recall must be at least 30% of the those cast in the 2018 gubernatorial election -- that is 384.
Petitioners needed at least 192 signatures in 30 days (15% of gubernatorial turnout). There is a "absentee veto" provision, where the total votes in the recall must be at least 30% of the those cast in the 2018 gubernatorial election -- that is 384.
California: Signature gathering advances in Foster City Vice Mayor recall effort
Petitioners claim to have over 2500 signatures to get the recall of Foster City Vice Mayor Herb Perez on the ballot over complaints about his conduct and "pro development agenda." Perez claims the issue is housing. Petitioners 3313 signatures.
Thursday, August 29, 2019
Articles on Gubernatorial Recall efforts
Lots going on with Gubernatorial recalls:
1) Here's 538 on the gubernatorial recall efforts
2) A look at the Oregon Governor Recall
3) Republicans in Oregon are claiming that they are on track to get enough signatures against Governor Kate Brown
4) One of the groups raising funds for the Colorado Governor Jared Polis recall has spent a good portion of its raised funds to Colorado for Trump.
1) Here's 538 on the gubernatorial recall efforts
2) A look at the Oregon Governor Recall
3) Republicans in Oregon are claiming that they are on track to get enough signatures against Governor Kate Brown
4) One of the groups raising funds for the Colorado Governor Jared Polis recall has spent a good portion of its raised funds to Colorado for Trump.
Michigan: Flint Council recall fails after signatures thrown out
The recall effort against Councilwoman Kate Fields, after officials threw out a majority of the signatures turned in. Petitioners handed in 825 signatures and needed 556. But only 332 were found valid.
There are still petitions out against Councilmembers Santino Guerra, Allan Griggs and Monica Galloway.
Guerra and Fields were facing a petition over a vote to extend a $12 million waste removal contract. Galloway is facing the petition over being absent for a vote to enter into a $5.6 million contract with a construction company.
Fields claims that Mayor Karen Weaver, Councilmember Eric Mays and Community Liaison for Economic Development Aonie Gilcreast are behind the recall effort. Mays has acknowledged this.
There are still petitions out against Councilmembers Santino Guerra, Allan Griggs and Monica Galloway.
Guerra and Fields were facing a petition over a vote to extend a $12 million waste removal contract. Galloway is facing the petition over being absent for a vote to enter into a $5.6 million contract with a construction company.
Fields claims that Mayor Karen Weaver, Councilmember Eric Mays and Community Liaison for Economic Development Aonie Gilcreast are behind the recall effort. Mays has acknowledged this.
Maine: Ogunquit Selectman who survived recall vote resigns office
Ogunquit Selectman Charles Waite III resigned from office after surviving a recall vote in May. Waite was one of three recall survivors, winning the race 386-358. The resignation was over a private matter.
Arizona: Signature gathering ongoing against Payson Mayor and Three Council members
Payson Mayor Tom Morrissey and Councilmembers Suzy Tubbs-Avakian, Janell Sterner and Jim Ferris are facing a recall effort over the firing of a town manager and spending and transparency issues.
Petitioners, including former Payson Mayor Kenny Evans and Councilor and Town Manager Fred Carpenter, have set a deadline on August 30 (so that they are on the November ballot). They need 770 for the mayor and 1653 for each council member.
Petitioners, including former Payson Mayor Kenny Evans and Councilor and Town Manager Fred Carpenter, have set a deadline on August 30 (so that they are on the November ballot). They need 770 for the mayor and 1653 for each council member.
Colorado: Petitions taken out against Elizabeth Mayor and Trustees
Elizabeth Mayor Megan Vasquez and Trustees Angela Ternus, Rachel White, June Jurczewsky, Steve Gaither, Loren Einspahr, Tammy Payne are facing a recall effort over development issues, with petitioners claiming that the town has more demands on services. Petitioners need 53 signatures for Vasquez and between 33-36 for the others.
California: Westminster Mayor and City Council facing recall efforts
Westminster Mayor Tri Ta and Councilmembers Kimberly Ho, Chi Charlie Nguyen, Tai Do and Sergio Contreras are also facing recall petitions over a council fight allegations of corruption and grandstanding. Ta, Ho and Nguyen are aligned on one side, while Do and Contreras are on the other.
Westminster has had difficulty retaining personnel, with 10 managers in 14 years and 5 police chiefs in 8.
Westminster has had difficulty retaining personnel, with 10 managers in 14 years and 5 police chiefs in 8.
Wisconsin: Vernon Supervisor Ousted in a recall
Vernon Town Supervisor Ed Moline was kicked out in a recall vote, finishing fourth with 49 votes. Former Town Chairman Fred Michalek won the race with almost 83% of the vote, 797-70-50-49.
The recall was over Moline's support for a boundary agreement between Vernon and Mukwonago. The petition specifically cited his approval of three newsletters that "favorably discussed" the agreement. Residents overwhelmingly opposed the agreement in a nonbinding referendum, 816-90. Town Chairman Carl Fortner also served as a recall petitioner.
The recall was over Moline's support for a boundary agreement between Vernon and Mukwonago. The petition specifically cited his approval of three newsletters that "favorably discussed" the agreement. Residents overwhelmingly opposed the agreement in a nonbinding referendum, 816-90. Town Chairman Carl Fortner also served as a recall petitioner.
Idaho: Three Middleton School Board members survive recall vote; One survives by Queen of the Hill provision
Middleton School Board Members Tim Winkle, Marianne Blackwell and Alicia McConkie survived a special election recall vote on August 27. The vote for Winkle was 145-151 and Blackwell was 103-108.
The vote against McConkie was quite different. 115 voted to remove, and only 93 voted for her to remain in office. However, she survived the recall due to an Queen of the Hill provision in Idaho law. 55% of voters cast ballots to remove McConkie. However, the vote to remove must exceed the amount of votes the candidate received when they won the office in the last election. This time the removal vote was 115. She got 120 last election.
Turnout was 11 percent.
The recall was over a vote not to renew the High School principal's contact. The principal has accused school administrators of harassing him. A fourth member, Kirk Adams, is facing threats, but due to his recent election, is not eligible for a recall until the November election.
The vote against McConkie was quite different. 115 voted to remove, and only 93 voted for her to remain in office. However, she survived the recall due to an Queen of the Hill provision in Idaho law. 55% of voters cast ballots to remove McConkie. However, the vote to remove must exceed the amount of votes the candidate received when they won the office in the last election. This time the removal vote was 115. She got 120 last election.
Turnout was 11 percent.
The recall was over a vote not to renew the High School principal's contact. The principal has accused school administrators of harassing him. A fourth member, Kirk Adams, is facing threats, but due to his recent election, is not eligible for a recall until the November election.
Kenya: MP facing recall threat over alleged drunk appearance
MP Kuria Kimani is facing a recall threat after allegedly appearing drunk at a public meeting which was set up to discuss how to battle the sale of illicit drinks. Petitioners must get 30% of registered voters signatures, plus 15% in every ward. They also cannot launch a recall in the 24 months after an election and the one year prior to an election.
Monday, August 26, 2019
Washington: Clark County GOP Chair facing recall threats
Clark County GOP Republican Chair Earl Bowerman is facing a recall effort over claims of party finance problems, broken rules and other issues. Bowerman lost a GOP Primary last year to Congressman Jaime Herrera Beutler.
Party Vice Chair Brook Pell was also targeted over claims that she bashed Republicans and did not attend board meetings, but Pell has since resigned.
Party Vice Chair Brook Pell was also targeted over claims that she bashed Republicans and did not attend board meetings, but Pell has since resigned.
Sunday, August 25, 2019
California: Amador County School Board effort fails
Recall efforts against Board President Susan Ross and members Kandi Thompson and Janet White failed after petitioners handed in signatures but did not get enough. No signatures were handed in against Deborah Pulskamp.
Nebraska: Two Antelope Commissioners up for special election recall vote on October 15
Antelope Commissioners Tom Borer and Allan Bentley will be facing a recall vote on October 15 on the ballot. The meeting to schedule the vote was contentious, with Borer objecting to the date. The recall is over claims of mismanagement of funds. Petitioners needed 203 signatures for Borer and 135 signatures for Bentley (35% of turnout).
California: Three Lakeport School Board members facing recall effort
Lakeport school board members Dan Buffalo, Carly Alvord and Jennifer Hanson are facing recall threats over claims of harassment and the decision to fire the Superintendent, who removed a principal. So far, the first two petitions have been rejected, once for being too long and the other for not having all the required information.
Petitioners would need 1490 signatures (25% of registered voters) to get on the ballot.
Petitioners would need 1490 signatures (25% of registered voters) to get on the ballot.
Friday, August 23, 2019
Nebraska: Geneva Mayor facing recall effort
Geneva Mayor Eric Kamler facing recall effort over non-specific claims of irresponsible behavior, though Kamler claims that the recall is over his age (he is 28). Petitioners need 332 signatures by September 16.
Idaho: Three Middleton School Board members facing August 27 recall vote
The recall against Middleton School Board Members Tim Winkle, Marianne Blackwell and Alicia McConkie will be on the ballot in a special election on August 27.
The recall is over a vote not to renew the High School principal's contact. The principal has accused school administrators of harassing him. A fourth member, Kirk Adams, is facing threats, but due to his recent election, is not eligible for a recall until the November election. For the recall to succeed, the vote to remove must exceed the amount of votes the candidate received when they won the office in the last election.
The recall is over a vote not to renew the High School principal's contact. The principal has accused school administrators of harassing him. A fourth member, Kirk Adams, is facing threats, but due to his recent election, is not eligible for a recall until the November election. For the recall to succeed, the vote to remove must exceed the amount of votes the candidate received when they won the office in the last election.
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