The Year in Recalls: Coronavirus Rules, as elections/resignations drop to 80, but 434 attempted; 87 different recalls surrounding COVID pandemic

As with everything else in 2020, the COVID-19 pandemic had an overarching impact on recall elections. 2020 saw recall elections and resignations drop to the lowest level over the 10 years I’ve been compiling the data. However, we also saw a big increase in recall attempts from last year. As I note in this Newsweek op-ed, for the first time, one issue transcended state and local borders and led a boom in recall attempts across the country – the response to the pandemic.

In 2020, we had only 80 recalls succeed in getting a result, with 42 officials kicked out, 14 resigned and 24 survived the vote. Two of the officials who survived the vote did so because of Idaho’s “Queen of the Hill” law that requires turnout to top their previous election. Additionally, six recalls seemed to get enough signatures, but were not scheduled because of the pandemic. The drop in recalls getting to the ballot was not a surprise – collecting during a pandemic seemed to be an almost impossible task. 

As a comparison, in 2019, 87 officials faced a recall vote (37 removals, 16 resignations, 34 survived). That total was itself a steep drop from previous years, as noted below. 

What did change was an increase in recall attempts. I tracked at least 434 purported recall attempts, an increase from the 344 in 2019. Recalls seem to go up in even-numbered years (see the 2019 recall post for some thoughts on why), so that is not a surprise. What is different is that recalls are rarely about on a specific national topic. In general, they are locally focused on subjects such as firing a City Manager, closing a school or allowing a development. Most of the recalls this year fit into those categories, though a good number of those many of these recalls were started before the pandemic.

Of those attempts, 87 were focused on the COVID pandemic shutdown. 80 of them targeted officials who supported provisions designed to stem the spread of the disease. 

That said, only two officials actually faced the voters and one of them (Oregon City’s Mayor) opposed masks and social distancing. Both of these officials, a school board member in White Pine, Idaho and the Mayor of Oregon City, Oregon, were removed. Three other school board members, two in West Ada, Idaho and one in Appleton, Wisconsin resigned. The West Plains, Missouri Mayor is scheduled to resign, but he has stated that it is not over his position in favor of protective measures. The Auburn, California Mayor died in plane crash while signatures were being collected. And a Commissioner in Enid, Oklahoma may yet get to the ballot, depending on the results of a State Supreme Court case being argued in February. There may also be upcoming School Board recalls  in Pocatello/Chubbuck and Idaho Falls, Idaho over the pandemic.  

The Black Lives Matters/Police Shooting protests were the other significant source of recalls attempts, but that was a smaller number (somewhere between 15-30 attempts -- there is a lot of leeway in how you would judge those recall efforts.) The most notable among these was likely Seattle's Mayor. 

The efforts that received significant attention were the 14 recall attempts against Governors. Only 19 Governors throughout the country are eligible to face a recall. Last year, Republicans began targeting Democratic governors even before they took office.  This year, Covid was the issue for 12 of 14 of them attempts. While Alaska’s was very noteworthy, including a big State Supreme Court decision, the coronavirus seems to have stopped it for now. California Governor Gavin Newsom is by now the most serious. I’ll have a bit more to say on it after some op-eds I’ve written run. 

 For comparison, 2018 (which I never published) saw 150 recalls make the ballot or lead to a resignation, with 85 removals, 28 resignations and 37 survivals. In 2017, we had 102 recalls, 2016, we have 119 recalls. In 2015, there were 109; 2014 (which, I never actually wrote up), 126 recalls. In 2013, we had 107 recalls. 2012 we had 166, and a 2011 we had 151 (the numbers do not always exactly match up to the links – I checked back and found additional recalls and removed a few). 19 States saw recall votes or resignations this year. I generally do not count the Native American tribal chair and trustee recalls in my compilation (unfortunately, they are very difficult to track).  I also do not count home owners associations, unions or college governments. There were also noteworthy recalls globally, especially in Taiwan and Japan, but they are also not included. 

 What can we expect in 2021? More of the same. The first recall is scheduled for January 4.

California: Consulting firm donated $500,000 for Governor Newsom recall effort

The recall effort against Governor Gavin Newsom (D) has received $500,000 from a virtually unknown consulting firm (Prov 3:9 LLC) that has no clear footprint and $100,000 from Sequoia Capital partner Douglas Leone and his wife 

Arizona: Second recall effort against Governor fails

The effort to recall Governor Doug Ducey (R) over his failure to order a statewide mask mandate to combat the coronavirus pandemic is being abandoned. An earlier effort opposing stay-at-home orders failed. 

There is still a threatened recall, which is supported by Congressman Paul Gosar (R). over Ducey's refusal to violate the law and support the unconstitutional overthrow of the state's Electoral College vote. 

Petitioners needed over 594,111 signatures in 120 days.

Missouri: State Representative proposing adding school boards to recall law

State Representative Chuck Basye (R) is proposing adding school boards to the list of officials available to face a recall vote in Missouri. Currently, the recall is limited to third-class cities, fire districts and ambulance districts (here's a long post from 2015 on Missouri's recall law). Bayse is promoting the idea due to complaints about the school boards' efforts to fight the coronavirus pandemic with distance learning. 

There are two bills that would extend the recall to county commissioners, one by State Representative Doug Richey (R) that would require a 60 percent supermajority to vote out and a second one by State Representative Mark Ellebracht (D), which would need just a straight majority voting for an ouster. 

Michigan: Warren Councilman facing petitions over marijuana licenses; Impersonating officer to harass BLM protestors

Councilman Edward Kabacinski is facing petitions after voting against a settlement in a lawsuit filed by companies seeking marijuana licenses. The council wants to limit the licenses to 15 but investors want 28. The vote was 5-2.

Petitioners would need at about 3000 signatures to get on the ballot. Kabacinski has also faced other questions, including a misdemeanor assault and impersonating a public officer charges after handcuffing a woman for putting Black Lives Matters stickers on Trump signs and spraying him with silly string. 

Update: Wording on one of the petitions has been approved, while the other was rejected on factualness/clarity grounds, though petitioners are claiming that the vote was on partisan grounds. 

Idaho: Signatures handed in against Idaho Falls School Board Members

Signatures have been handed in for the recall against Idaho Falls School Board Chairwoman Lara Hill and Trustee Elizabeth Cogliati. Petitioners need 481 valid signatures for Hill and 280 for Cogliati. They have reportedly handed in more than that. There was also an attempt against Trustee Hillary Radcliffe, but because she was appointed to the position, the signature total needed was over 1400, so it seems to have failed.

The issue is the hybrid alternate day schedule the board adopted by a 3-2 vote in order to combat the spread of the coronavirus pandemic. The vote followed widespread social distancing guidelines.  

One of the leaders of the recall effort was State Representative Bryan Zollinger (R), who apparently wanted students in school four days a week. Zollinger had supported Hill in her campaign. 

Maine: New Gloucester Selectman facing petitions over alleged racist comments

New Gloucester Selectman George Colby has been censured and is facing petitions after yelling out alleged racist comments at the end of the Pledge of Allegiance during a recent board meeting. Petitioners would need about 293 signatures (10% of turnout in the district in the last gubernatorial election). The lead petitioner is a former Selectman. 

Tennessee: Tullahoma Alderman facing calls for removal over social media posts

Tullahoma Alderman Jenna Amacher is facing calls for her ouster after social media posts of a family Christmas with a prominent Confederate flag as well as allegedly racist comments. 

Tullahoma does have a recall provision, Petitioners would need at least 1776 signatures (15% of registered voters) in 75 days. There is a six month grace period at the beginning of the term. Amacher started in August, so the petitioning cannot begin until February 6. 

Oklahoma: Brief filed to State Supreme Court in Enid Commissioner appeal

The Oklahoma Supreme Court has fast-tracked Enid Commissioner Ben Ezzell's appeal of a judge's rejection of his attempt to throw out a recall against him. The recall has been set for February 9, 2021.

The recall date will be on the same day as the new elections for commissioner. Ezzell is termed out, so the race will be focused on the last three months of his term. One of the candidates to replace Ezzell is a lead petitioner in the recall. 

The issue was Ezzell's support for the city to enforce the state's COVID-19 alert system and his criticism of the police chief for a failure to enforce a mask mandate proposal designed to combat the pandemic.

Ezzell is arguing that the district court was incorrect in not requiring a strict truthfulness test in the petition, instead going with an "implicitly complied" one. He also argues that it does not contain language and warnings as required by a 1998 court ruling (Clapsaddle v. Blevins). 

Illinois: Op-ed on proposed new recall law

Here's an op-ed by State Representative Mark Batinick (R) and Senator Jason Barickman (R) on their proposal to expand the recall law. 

I spoke with Rep. Batinick to offer my thoughts on how the recall operates in other states and what changes they may want to consider (I do this frequently when a new recall law is proposed). I have to say, I was quite impressed with the knowledge and seriousness that came with the drafting of this particular law. 

Missouri: Recall effort against six Joplin City Council members misses deadline for April 6 ballot

Petitioners have missed the deadline to get the recall of six Joplin City Council members, Mayor Ryan Stanley and Councilmembers Diane Reid Adams, Keenan Cortez, Anthony Monteleone, Chuck Copple and Christina Williams on the ballot for the April 6 election. 

The recall efforts is over their support for a mask ordinance to fight the coronavirus pandemic. Petitioners had taken out recall papers earlier and are now making a new effort. Petitioners claim there was a meeting in violation of the Sunshine Law (Open Meetings Act). Petitioners will need about 6500 signatures. 

Louisiana: Crowley Mayor recall fails

The recall attempt against Crowley Mayor Tim Monceaux over what seems to be complaints about receiving information and communication failed. Petitioners needed 2800 signatures in 180 days. They did not hand any in. 

Massachusetts: Chicopee talking about adding recalls after social media post by council member

Chicopee is debating adding recall laws after a council member Lucjan Galecki courted controversy over a social media post where he answered a question on dressing and sexual harassment. The question was posed by his opponent in 2019, Kaween Fernando.

New Jersey: New recall effort launched against Governor

Another recall effort is being launched against Governor Phil Murphy (D) over coronavirus pandemic restrictions. The latest effort is from the owners of a Gym in Bellmawr that has been in the news over their violations of the stay at home orders. 

One effort failed and the second recall effort was rejected by the Board of Elections due to its failure to include a date for the recall. The petitioner notes that the board said if the effort leads to a special election instead of one tied with the next general election date, he would have to pay for the special. Note that the Governor of New Jersey faces an election in 2021, so it could be that a recall for the remaining three months of the term would take place concurrently with that race. 

Petitioners would need 1,484,358 million valid signatures to get on the ballot. The previous effort claimed to have gotten 1 million by March, but none were handed in. 

Update: One of the gym owners is claiming that the money he raised has been seized by the government. 

Colorado: Woodland Park Councilman facing petition threats

Woodland Park Councilman Jim Pfaff is facing recall threats, with a claim that he has not been a resident long enough to serve in office as well as a kitchen sink of issues about sales tax, an aquatic center and bullying. Pfaff has also reportedly called taxation "theft" and has social media posts against social distancing measures (as well as calling COVID "just the flu") though none of these allegations are in the petitions.

Nebraska: Recall against Lincoln Mayor and City Councilmembers fails

The recall effort against Lincoln Mayor Leirion Gaylor Baird (D) and Councilmembers James Michael Bowers (D), Richard Meginnis (R), Jane Raybould (D) and Tammy Ward (D) failed, with petitioners not handing in signatures. A City Council candidate in 2021, Benjamin Madsen, filed the petitions.

The recall is over the appointment of the Lincoln-Lancaster County Health Director and mask requirements to prevent the spread of the coronavirus.  Petitioners needed 21,652 signatures in 30 days to get the Baird recall on the ballot, and 4864 for Bowers, 8009 for Meginnis, 5362 for Raybould and 2495 for Ward. Three Council members were ineligible to be recalled, because they are in the grace period before the 2021 election. 

Comedian Larry the Cable Guy backed the recall, which seems to have garnered some press. Lincoln last had a recall in 2000, when a member of the Rokseby school board was kicked out. 

Maine: Recall effort against Hope Select Board and Budget Committee members gets to the ballot

Hope Select Board Members Bruce Haffner and Budget Committee member Elinor Goldberg are set to face a recall over claims that Haffner tried to undercut the roads budget, threatened officials and an employee among other complaints. Goldberg's petition cites an attempt to undermine and oust the Town Administrator.

Two of the lead petitioners are married to other members of the Select Board.

Petitioners needed 98 signatures, they handed in 106 for Haffner and 103 for Goldberg.

The vote may be scheduled for February 16 or held off till the June town meeting, as the law allows a recall to be delayed if it can be scheduled at the same time as another election. 

Louisiana: Recall effort fails against East Baton Rouge Parish School Board Member

The recall effort against East Baton Rouge Parish School Board member Connie Bernard failed, with petitioners not handing in signatures.

Other members of the board apparently led the recall charge. Bernard criticized attempts to change the name of a high school named after Robert E. Lee, calling on people to "learn a little more" about Lee. She since apologized for those comments. There is also claims that she was online shopping during the naming debate meeting. Bernard has also recently plead guilty for battery after what is called a "profanity-laced confrontation" at a teen party in 2018.

Petitioners needed about 7600 signatures in 180 days, which is significantly less than was needed under the pre-2018 law of 33 1/3% of registered voters.

New York: State Legislators to introduce bill allowing special district recalls

Democratic legislators are looking to put forward a recall bill in New York, at least for special districts. Unfortunately, the story is behind a paywall, but hopefully they'll be more soon. 

Update: Here's another story not behind a paywall:

State Senator Todd Kaminsky (D) and Assemblywoman Judy Griffin (D) are sponsoring the proposed law. The issue appears to be that Oceanside Sanitation District Commissioner Ryan Hemsley "alleged racially charged Facebook posts," leading to calls for his removal. Hemsley denied making the posts. 

The recall  would require the smaller of the number of 10% of registered voters or 5000 signatures.

Taiwan: Kaohsiung City Councilor up for recall vote on February 6

Kaohsiung City Councilor Huang Chieh is up for a recall election on February 6. The recall appears to be revenge for the ouster of Mayor (and Kuomintang former presidential candidate) Han Kuo-yu on June 6.  Chieh was elected as a member of the New Power Party but left as part of the 2014 Sunflower Movement.