Sunday, October 16, 2022

California: Recall effort started against Sacramento Councilmember

Sacramento Councilmember Sean Loloee is facing a recall threat over complaints that he does not live in the district (based on 911 calls complaining about parties, weapons, fireworks and stolen cars at the place that he lists as his residence), though a recent investigation seems to have cleared the charges and said that he does in fact live in the district.

One of the backers of the recall effort is Ramona Landeros, who lost to him in the last election.

Ohio: Confusion reigns in East Cleveland Recall following Supreme Court decision

There seems to be real confusion on what will happen with the recall election against East Cleveland Mayor Brandon King. A decision by the Ohio Supreme Court threw out part of a suit filed to stop the recall, but an open question may result in the recall being tossed out regardless. 

The Ohio Supreme Court rejected part of a lawsuit filed by the East Cleveland Law Director Willa Hemmons to stop the upcoming Election Day The decision ruled against a complaint that the petition exceeded the 200 word limit.

However, the court seems to have held that the Clerk of the Council is responsible for certifying a recall petition instead of the board of elections. The clerk seems to have stated that she is deferring to the Hemmons on the matter. 

Notably, previous articles seemed to suggest that Hemmons was acting in a private capacity and being paid by King himself. Haven't seen that point in recent articles. 

Petitioners claim that King used the police to target his Democratic primary opponents in 2021 for towing a van he was using to promote another candidate using loudspeakers. They also claim that he does not actually reside in East Cleveland and that he used city contractors for personal work.

There were additional complaints against the recall, including that petitioners handed in 322 valid signatures and needed 311. The law requires that signers voted in the last election. Hemmons claims that 43 signers did not, so their signatures should be tossed out. 

King has been mayor since 2016 when the last mayor, Gary Norton, was kicked out in a recall with the council president, Thomas Wheeler.

Thursday, October 13, 2022

Idaho: Petitions taken out against Eagle Mayor and City Council members

Eagle Mayor Jason Pierce and City Council members Brad Pike, Helen Russell, Charlie Baun and Melissa Gindlesperger over claims that the members were rude, though the homepage includes questions about annexing a town, a shooting sports park and a municipal broadband project. 

Petitioners need about 4300 signatures in 75 days. 

Washington: Central Washington University Student President resigns over recall

 ASCWU President Rachael Medalia resigned after a recall was approved.

Canada: Recall effort against British Columbia's Vernon-Monashee MLA fails

No signatures were handed in for the recall effort against British Columbia (Vernon-Monashee) MLA Harwinder Sandhu over complaints about her support for policies put in place to combat the coronavirus pandemic. 

Petitioners needed 21,268 signatures by October 11. Unlike in the US, there is a strict $37,046.52 spending limit for both sides. Additionally, the petitions automatically vacate the seat, resulting in a by-election, which the official can run in (easier than many recalls in the US, where and absolute majority is needed to win the vote).

The article notes that 26 recall petitions have been taken out since 1995, though there have been no recall elections held. Only six have been turned in with signatures. Five failed to get enough signatures, and the MLA resigned during the verification process in the sixth.

California: Downey Councilwoman recall scheduled for January 31

The recall of Downey Councilwoman and Mayor Pro Tem Catherine Alvarez is set for January 31, 2023. 

 Petitioners handed in 4700 signatures and 3881 were found valid. They needed 3471. The recall is reputed to be over Alvarez's failure to disclose her criminal history, where she was arrested for welfare fraud and shoplifting.

This is the second signatures submission against Alvarez  The first petitions came 35 signatures short of qualifying (Petitioners handed in 4,016 signatures and need 3454 valids). 

Sunday, October 9, 2022

Rhode Island: Woonsocket Mayor removed by Council (though no recall vote)

Woonsocket Mayor Lisa Baldelli-Hunt was removed from office by the City Council, which has led others to complain about the law and note that the recall (which Woonsocket adopted in 2012) may be the proper venue for this type of action. the Mayor from office. The issue was claims that Baldelli-Hunt overstepped her authority, with a veto of a collective-bargaining agreement with the police union seeming to be a motivating factor.


Michigan: Grand Haven Mayor facing petitions

Grand Haven Mayor Catherine McNally is facing petitions over a previous attempt to remove a councilmember who McNally claimed did not live in Grand Haven. The petition also notes that McNally is against recreational marijuana. The lead petitioner said he previously supported McNally. Petitioners need over 1400 signatures in six months.

Tuesday, October 4, 2022

California: Recall "reform" bills signed by Governor

California Governor Gavin Newsom has signed two laws that hit recalls, one of which makes a big change to local recall laws for non-charter counties and most localities in the state. However, the impact is unlikely to be what proponents hope. 

The more important new law (AB 2582) will remove replacement races for local recall elections in all non-charter cities that use their own laws, and replace it with the "Automatic Replacement" or Replace as by law" model. The legislators are focused on what they claim is hyper-partisanship. In op-eds with my colleagues David Carrillo and Steven Duvernay, we've been quite critical of this approach. It simply removes the ability of voters to make the choice. Based on Oregon's experience with this law, we should not expect any drop off in recalls. Oregon (a state a fraction of California) using the automatic replacement model and has had approximately the same number of recalls over the last 12 years. This will not affect State-level recalls like Governor or state Senator. Nor will it affect charter cities, such as Los Angeles or San Francisco. But the impact will be felt state wide. 

The second bill (AB 2584) plays a bit around the edges on recall law, including raising the amount of signatures for the original petition (that amount is very small,, so for jurisdictions with less than 100,000 registereds, it goes from 10 to 30) and makes changes to the law regarding statements (the petitions need to be available for review). 

Perhaps most importantly, it allows a potential push back to the date of a recall. Under the new law, a new recall can waiting to occur for as much as 180 days from filing if it can be consolidated with an a pre-existing Election Day. It previously was 88-125 days, so this will delay recalls a bit more. 

Saturday, October 1, 2022

Illinois: Appellate Court rejects Dolton Mayor recall vote

Can't open the link yet, but it looks like an appellate court has toss out the recall election of Dolton Mayor Tiffany Henyard.  Henyard lost the June 28 recall vote1953-1532.

A judge ordered the clerk to not count the vote in two recall ballot measures (one asks for a recall law -- which succeeded 1948-1506 -- the other calls for Henyard to face a recall vote immediately). The issue seems to be that the measures are taking place at the same time, which is extremely odd.

A Cook County Circuit Court Judge has ruled in favor of efforts to stop the recall election against 

The recall does not seem to have signatures handed in, but was rather put on the ballot by the village board. 

Henyard faced a previous recall effort when she served as trustee, leading to an appellate court decision that the board cannot remove the official by a board vote but can have a recall. 

The recall is over a slew of complaints: taking a Township Supervisor job that pays $250,000 which seen as a conflict of interest; keeping the board from meeting, paying bills and refusing to show what is being paid, as well as hiring a code enforcement officer who spent 24 years in prison for kidnapping and sexual assault. 

Texas: Denton City Council member lawsuit against recall tossed out

A Judge has tossed out a lawsuit looking to throw out the petitions against Denton City Council member Alison Maguire, which could mean the recall will be on the ballot in November (there will be no replacement race).

The recall effort began when Maguire used a meme (Who killed Hannibal?) to complain about the leadership of the County Transportation Authority, though the critical part seems to be that the recall is taking place in a part of the district that wasn't there when Maguire was elected (redistricting turned it into a more conservative district. Petitioners needed 673 signatures to get on the ballot and handed in 745.

Former Councilmember Dan Duff lead the recall effort.

California: Downey Councilwoman recall makes the ballot

The recall of Downey Councilwoman and Mayor Pro Tem Catherine Alvarez has made the ballot. Petitioners handed in 4700 signatures and 3881 were found valid. They needed 3471. The recall is reputed to be over Alvarez's failure to disclose her criminal history, where she was arrested for welfare fraud and shoplifting.

This is the second signatures submission against Alvarez  The first petitions came 35 signatures short of qualifying (Petitioners handed in 4,016 signatures and need 3454 valids). 

Louisiana: Petitioners claim 10,000 signatures collected against New Orleans Mayor

Petitioners claim to have over 10,000 signatures for the recall of New Orleans Mayor LaToya Cantrell. Cantrell has faced complaints about a failure to put New Orleans first as well as recent revelations over her travel expenses, including a $17,000 flight to Paris. Petitioners need 53,353 signatures (20% of registered voters). Petitioners have 180 days (late February) to get the signatures..

Louisiana: Petitions filed against Monroe Councilmember

Petitions have been filed against Monroe City Councilmember Kema Dawson over complaints that of a lack of support for Black organizations (seemingly economic development districts).

Petitioners need 1954 signatures (33.3% of registered voters) in 180 days.

Sunday, September 25, 2022

Georgia: Newton County Commissioner threatened with recall effort

Newton County Commission Chair Marcello Banes is facing recall threats from another Commissioner, J.C. Henderson, over Banes' request to remove a sign naming a bandroom for local arts leader T.K. Adams. 

Banes claims that the commissioners must approve the naming for it to be allowed. 

Georgia is a malfeasance standard/judicial recall state, so Henderson would need a showing of cause to get this on the ballot. They would need 30% of registered voters, about 24,000 signatures, to get on the ballot.

State law requires at least 100 New

Colorado: 12th Judicial District Attorney (Alamosa/San Luis County) disbarred -- resigned after recall made the ballot

A new development against Alamosa/12th Judicial District Attorney Alonzo Payne, who has now been disbarred by Colorado's Supreme Court. Payne resigned after the recall against him got to the ballot. Petitioners handed in 5974 signatures, with 4757 being declared valid. They needed 3996. The resignation was after a monitor was appointed by the state Attorney General.

The recall effort was over complaints of being soft on crime (not pursuing charges on large drug busts and not following up with crime victims on plea deals, as required by law), so it seemed a bit along the lines of the Boudin/Gascon recall efforts in California. However, the disbarment suggests that he failed to act for months on warrants for serious crimes and domestic violence; that his employees ignored, belittled and shouted at crime victims; and that Payne made false and "disingenuous" court statements. The petitions were taken out by Alamosa Mayor Ty Coleman.

Ohio: Ohio Supreme Court rejects part of lawsuit seeking to toss out East Cleveland Mayor recall

The Ohio Supreme Court threw out one part of a lawsuit filed by the East Cleveland Law Director Willa Hemmons to stop the upcoming Election Day recall vote against East Cleveland Mayor Brandon King. The decision, which has no written component, rejects a complaint that the petition exceeded the 200 word limit.

There are additional complaints, including that petitioners handed in 322 valid signatures and needed 311. The law requires that signers voted in the last election. Hemmons claims that 43 signers did not, so their signatures should be tossed out. Hemmons seems to be acting in a private capacity and being paid by King himself.

Petitioners claim that King used the police to target his Democratic primary opponents in 2021 for towing a van he was using to promote another candidate using loudspeakers.

King has been mayor since 2016 when the last mayor, Gary Norton, was kicked out in a recall with the council president, Thomas Wheeler.

Tennessee: Proposed bill would lower signature requirement for recalls in state

A new bill has been proposed to lower the signature requirement for recalls in Tennessee, though it is aimed directly at Shelby County Clerk Wanda Halbert. State Representative Mark White (R) hs proposed the change. The bill would lower the signature requirement from 15% of registered voters to 1%, which would be the lowest in the country (for Shelby County, the signature requirement would go from 87,000 to 5800). There would also be a grace period of 180 days at the start and end of the term.

The issue seems to be delays in getting car tags, part of which took place while Halbert was on vacation. Halbert claims to be a whistleblower and is accusing the county government of taking millions from her department and slowing down the license plate mailout process.

Kansas: Amendment to Sheriff law includes ability for recall

Kansas is looking to insist that it will change its laws to require block counties from appointing rather than electing County Sheriffs. The amendment would also list recalls and an Attorney General initiated writ of quo warranto provision to be the only way to remove the sheriff.

Thursday, September 22, 2022

Ohio: Lawsuit seeks to toss out East Cleveland Mayor recall

East Cleveland Law Director Willa Hemmons has filed a petition to stop the upcoming Election Day recall vote against East Cleveland Mayor Brandon King.

Petitioners handed in 322 valid signatures and needed 311. The law requires that signers voted in the last election. Hemmons claims that 43 signers did not, so their signatures should be tossed out. Hemmons seems to be acting in a private capacity and being paid by King himself.

Petitioners claim that King used the police to target his Democratic primary opponents in 2021 for towing a van he was using to promote another candidate using loudspeakers.

King has been mayor since 2016 when the last mayor, Gary Norton, was kicked out in a recall with the council president, Thomas Wheeler.