Following his resignation in the face of recall, Councilman Jack Evans has announced that he will run for election in the special election to replace him on June primary and special election. Evans is facing heavy criticism for trying to run.
Evans the recall push and a potential expulsion vote after he went under investigation over ethic violations after the revelation of 11 cases where he took action on behalf of paying client. Evans claims that he broke no rules.
Petitioners handed in 5588 signatures in the recall effort and needed 4949. Evans claimed that more than 2000 signatures were improper or forged and it seems like the Board knocked much of those off -- the article notes that it fell short by a 1000.
Thursday, January 30, 2020
Michigan: Signatures verified against Jackson Councilwoman facing recall effort over traffic circle
Signatures have been verified against the recall of Jackson Councilwoman Kelsey Heck. They handed in 320 signatures and needed226. The recall is over a vote to approve a traffic circle. The recall will take place on the general election day of May 5.
Heck was appointed to the seat after the resignation of her predecessor. A former council candidate, Susan Murdie, is leading the recall effort.
Heck was appointed to the seat after the resignation of her predecessor. A former council candidate, Susan Murdie, is leading the recall effort.
Colorado: Petitions have been approved against Ouray County Sheriff, who is facing recall efforts over DUI
Petitions have been approved to seek the recall of Ouray County Sheriff Lance FitzGerald.
Fitzgerald is facing recall threats started by the County Republicans party and joined by the Democrats, after he was accused of a DUI. His girlfriend was accused of domestic violence last year and was in jail for five days. He won office by 11 votes as an unaffiliated candidate, though he beat a Republican.
Fitzgerald is facing recall threats started by the County Republicans party and joined by the Democrats, after he was accused of a DUI. His girlfriend was accused of domestic violence last year and was in jail for five days. He won office by 11 votes as an unaffiliated candidate, though he beat a Republican.
Utah: State Representative proposes allowing recall of US Senators
State Representative Tim Quinn (R) has filed a bill calling for the recall of US Senators, which comes after US Senator Mitt Romney (R) has expressed interest in seeing the evidence and hearing witness testimony in the impeachment of Trump.
The bill would require signatures from 25% of "active voters" (this would be a more lenient standard than registered voter, but more stringent than voter turnout. Active voters under Utah law appears to be people who voted in one of the last two regular general elections or responded to a notice sent by the county clerk). There would be a one year grace period from the start of the term.
As with past attempts to recall federal officials, there is very good reason to believe that such a recall law would be considered unconstitutional.
Utah does not have a recall law either on the state or local levels. There have been past attempts to create a recall law for the state, but they have gone nowhere.
The bill would require signatures from 25% of "active voters" (this would be a more lenient standard than registered voter, but more stringent than voter turnout. Active voters under Utah law appears to be people who voted in one of the last two regular general elections or responded to a notice sent by the county clerk). There would be a one year grace period from the start of the term.
As with past attempts to recall federal officials, there is very good reason to believe that such a recall law would be considered unconstitutional.
Utah does not have a recall law either on the state or local levels. There have been past attempts to create a recall law for the state, but they have gone nowhere.
West Virginia: Fairmont Councilman facing petitions for racist comments
Councilman David Kennedy is facing a petition following repeated comments alleged to be racist and derogatory against LGBTQ+ people, some in Facebook posts. Kennedy has been censured by the council (6-3 vote) and has faced calls for his resignation.
Petitioners are waiting for approval and say they need between 1500 and 2000 signatures (Update: the number is 2461) The article claims that the petition is to remove Kennedy's name from the November 2020 ballot, though I'm uncertain how that works.
Petitioners are waiting for approval and say they need between 1500 and 2000 signatures (Update: the number is 2461) The article claims that the petition is to remove Kennedy's name from the November 2020 ballot, though I'm uncertain how that works.
Alaska: Superior Court Judge issues new stay stopping signature collecting against Governor until the Supreme Court decides
Interesting continued legal developments in the recall of Alaska Governor Mike Dunleavy (R). Superior Court Judge Eric Aarseth, has now once again issued a stay on his ruling holding that petitioners have adequate grounds to seek the recall of the Governor. The decision overturned the Division of Elections and Attorney General's positions that the recall did not hit the malfeasance standard requirement in Alaska.
The stay means that the recall petitioners cannot begin the signature collection process until after the Supreme Court weighs in. Aarseth previously issues a lifted his decision that halted the collection of signatures until the Alaska Supreme Court ruled on the case, then lifted the stay and said that the stay was handed down inadvertently.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
The stay means that the recall petitioners cannot begin the signature collection process until after the Supreme Court weighs in. Aarseth previously issues a lifted his decision that halted the collection of signatures until the Alaska Supreme Court ruled on the case, then lifted the stay and said that the stay was handed down inadvertently.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
Sunday, January 26, 2020
Texas: Lawsuit filed to force Leon Valley City Council to schedule recall election
A lawsuit is trying to force the Leon Valley City Council to schedule a recall against Councilmembers Monica Alcocer and Donna Charles.
The recall is suppose to take place on May 2 and is over the vote to kick out Councilman Benny Martinez over sexual harassment complaint. Petitioners include two former council members and the Mayor Chris Riley.
We have seen officials refuse to schedule a recall before in Texas and other states, so there is plenty of past evidence that this type of delay can work.
The recall is suppose to take place on May 2 and is over the vote to kick out Councilman Benny Martinez over sexual harassment complaint. Petitioners include two former council members and the Mayor Chris Riley.
We have seen officials refuse to schedule a recall before in Texas and other states, so there is plenty of past evidence that this type of delay can work.
North Dakota: A look back at the only Attorney General to lose a recall
Here's a good look back at North Dakota Attorney General William Lemke, who along with Governor Lynn Frazier and Agriculture Commissioner John Hagan, were the first state level officials to lose a recall back in 1921. The three were members of the Nonpartisan League Party and this write-up provides a good understanding of what happened. There is set to be a part two that deals with Lemke's career after the recall -- where he was elected to Congress and ran as a third party candidate for the Presidency.
Thursday, January 23, 2020
Arizona: Signatures verified against Graham County Clerk of the Superior Court
Looks like the recall of Graham County Clerk of the Superior Court Cindy Woodman (R) will go forward. She is being recalled 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 need 2697 signatures by January and reports say they have over 2800 signatures.
Alaska: Superior Court Judge lifts stay and now allows signature collecting against Governor
Superior Court Judge Eric Aarseth has now lifted his decision that halted the collection of signatures until the Alaska Supreme Court rules on the case. Aarseth said that the stay was handed down inadvertently.
Aarseth previously authored a major ruling on the recall of the Governor, holding that petitioners have adequate grounds to seek the recall of Governor Mike Dunleavy (R). The decision overturned the Division of Elections and Attorney General's positions that the recall did not hit the malfeasance standard requirement in Alaska.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
Aarseth previously authored a major ruling on the recall of the Governor, holding that petitioners have adequate grounds to seek the recall of Governor Mike Dunleavy (R). The decision overturned the Division of Elections and Attorney General's positions that the recall did not hit the malfeasance standard requirement in Alaska.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
Wednesday, January 22, 2020
Alaska: Superior Court Judge Temporarily Stays ruling allowing signature collecting against Governor to move forward; waiting for a Supreme Court decision
Following his major ruling on the recall of the Governor, Superior Court Judge Eric Aarseth has halted the collection of signatures until the Alaska Supreme Court rules on the case.
Aarseth held that petitioners have adequate grounds to seek the recall of Governor Mike Dunleavy (R). The decision overturned the Division of Elections and Attorney General's positions that the recall did not hit the malfeasance standard requirement in Alaska.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
Aarseth held that petitioners have adequate grounds to seek the recall of Governor Mike Dunleavy (R). The decision overturned the Division of Elections and Attorney General's positions that the recall did not hit the malfeasance standard requirement in Alaska.
The recall is over major spending cuts, delays in appointing judges misusing state funds and mistakenly vetoing funds. Alaska is a malfeasance standard/judicial recall state, so a showing of cause is needed (though the state courts has taken a lenient view of the the cause requirement in past instances).
Petitioners needed to first get 28,501 signatures. If the decision is upheld, they would need 71,252 signatures to get to the ballot. Note that of the 49,006 signatures that they've already received, a third were by Democrats.
Texas: McKinney City Councilman files suit to stop recall vote, expected in May
Councilman La'Shadion Shemwell, who is scheduled to face a recall election on May 2, has filed suit to toss at the attempt..
Shemwell has been a controversial member of the council with complaints of violating ethics codes and making inflammatory statements and getting arrested repeatedly (one seemed to be for domestic violence), which he claimed occurred after he was racially profiled after refusing to sign two citations after he was pulled over for speeding last year. Shemwell has previously declared a "black state of emergency" in Texas.
McKinney approved an amendment to make recalls easier to get on the ballot earlier this year.
Shemwell has been a controversial member of the council with complaints of violating ethics codes and making inflammatory statements and getting arrested repeatedly (one seemed to be for domestic violence), which he claimed occurred after he was racially profiled after refusing to sign two citations after he was pulled over for speeding last year. Shemwell has previously declared a "black state of emergency" in Texas.
McKinney approved an amendment to make recalls easier to get on the ballot earlier this year.
California: El Rancho School Board President resigns following signature verification
El Rancho School Board President Jose Lara has resigned following the verification of signatures against him. Fellow Board member Leeanne Ibarra is still 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.
Update: The replacement will not be appointed until after the election.
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.
Update: The replacement will not be appointed until after the election.
Texas: Leon City Council hasn't yet scheduled recall election, which is suppose to take place on May 2
The City Council has not yet scheduled the recall against Leon Valley Councilmembers Monica Alcocer and Donna Charles, which is suppose to take place on May 2. The recall is over the vote to kick out Councilman Benny Martinez over sexual harassment complaint. Petitioners include two former council members and the Mayor Chris Riley.
Sunday, January 19, 2020
Colorado: Ouray County Sheriff facing recall efforts over DUI
Ouray County Sheriff Lance FitzGerald is facing recall threats started by the County Republicans party, after he was accused of a DUI. His girlfriend was accused of domestic violence last year and was in jail for five days. He won office by 11 votes as an unaffiliated candidate, though he beat a Republican.
Update: The Democrats have joined the effort as well
Update: The Democrats have joined the effort as well
California: Four Del Norte School Board members facing recall efforts
Del Norte County Unified School District Board Members Frank Magarino, Don McArthur, Angela Greenough and Jamie Forkner are facing recall threats from the former Teachers Association representative over faculty contract negotiations. The fifth board seat is currently vacant. Petitioners would need about 3000 signatures for each recall.
Taiwan: Signatures verified in first stage of Kaohsiung Mayor recall
The recall effort against Kaohsiung Mayor Han Kuo-yuto (who recently lost the presidential race), has moved to the second stage. Petitioners needed to get signatures of 1% of the city, and have gotten that. They had 28,560 verified and the needed 22,814.
Now, petitioners need 10% of eligible voters to sign (about 230,000).
Han was the Kuomintang Presidential candidate, and was being threatened with a recall following flooding in the town (though presumably this may be part of the presidential political wrangling). There is an absentee voter provision -- 25% of eligible voters must cast ballots for the recall to count.
Now, petitioners need 10% of eligible voters to sign (about 230,000).
Han was the Kuomintang Presidential candidate, and was being threatened with a recall following flooding in the town (though presumably this may be part of the presidential political wrangling). There is an absentee voter provision -- 25% of eligible voters must cast ballots for the recall to count.
Colorado: Evergreen Fire Protection District Board President facing recall threats
Evergreen Fire Protection District Board President John Anderson is facing recall threats following the dismissal of a volunteer fire captain. No word on how many signatures would be needed.
Guam: Yona Mayor recall effort dropped after Senators adopt different replacement plan
The recall effort against Yona Mayor Jesse Blas seems to have been dropped, with Senators passing a law allowing the acting mayor to lead the city instead. Blas was facing a recall petition after being arrested on bribery and extortion charges related to an alleged scheme to import crystal meth. Petitioners need 981 signatures to get a recall on the ballot (though a 2/3rds vote of the legislature can put a recall on the ballot as well).
Canada: Delay in Alberta Legislature may kill recall bill
The plan to expand the recall to Alberta may die if the Legislative Assembly is not reconvened until late February (as is the current plan). UCP MLA Mark Smith introduced a private members' recall bill for the Alberta Legislature.
Smith had previously introduced the bill in 2016 as a Wildrose MLA. The recall proposal would oust the MLA if petitioners get 40% of eligible voters signatures in a 60 day period. There is a long grace period -- 18 months after a general election and 6 months before.
This article notes that Alberta had a recall law in the 1930s, passed by the Social Credit government in 1936 (needing 66.6% of voter signatures), though the law was repealed in 1937 when a campaign was expected to work against Premier William Aberhart's Okotos-High River. There have been 8 attempts to add a recall law since 1993.
Smith had previously introduced the bill in 2016 as a Wildrose MLA. The recall proposal would oust the MLA if petitioners get 40% of eligible voters signatures in a 60 day period. There is a long grace period -- 18 months after a general election and 6 months before.
This article notes that Alberta had a recall law in the 1930s, passed by the Social Credit government in 1936 (needing 66.6% of voter signatures), though the law was repealed in 1937 when a campaign was expected to work against Premier William Aberhart's Okotos-High River. There have been 8 attempts to add a recall law since 1993.
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