Saturday, March 16, 2019

Idaho: Split decision in recall vote, as Dalton Gardens Mayor and two Councilmembers kicked out; two survive

Mayor Steve Roberge (533-461) and Councilmembers Joe Myers (511-479) and Denise Lundy (508-478) lost their seats. Councilmembers Jamie Smith (479-512) and Scott Jordan (463-526) retained their seats. The votes needed to be more than the officials received in their last election -- all of them easily surpassed these totals (which were between 418-110).

The recall was over a proposal to build homes on back area land.  Petitioners need between 110-418 signatures to get on the ballot. Turnout was over 60% (which is supposedly much more than the 15% that usually come out for a Spring vote).

Because the recall removed a majority of the council, the Governor will appoint one council member. After the council member is appointed and they get a quorum, the council will appoint the fourth member and the mayor.

Wisconsin: Merrill Council President and Aldermen facing petitions

Council President Rob Norton and Aldermen Paul Russell, John VanLieshout, Dave Sukow and Tim Meehean are all facing petitions following confusion over a property tax rate increase which was higher than expected (which seems to have been done due to a calculating error).

Update: Signatures were handed in. Petitioners need between 109-134 to get on the ballot.

North Dakota: Arnegard Mayor survives recall vote in recall rerun

Mayor Virginia Elliot survived her recall vote against former Mayor Jeff Kindel, 63-47. Elliot, who has been on the council for more than 20 years and was previously mayor, beat Elliot in June 35-31. The recall claimed that Elliot committed nepotism by hiring her son's construction company. There is also a claim that she is facing an investigation into mail fraud.

Washington, DC: Council member facing recall threat over federal probe into his business

Council Member Jack Evans (D) is facing a recall push over a probe into financial dealings. Adam Eidinger, who has previously worked with Evans on marijuana decriminalization, said he will file this week. He need approximately 5200 signatures (10% of registereds in 180 days).  Evans has been in office for 28 years.

Idaho: Kamiah Councilors recall scheduled for May 21

The recall of Councilors Paul Schlader, Glen Hibbs and Dan Millward has made the ballot and was scheduled for May 21. Petitioners needed 109 signatures and apparently got 110. The recall was led by former city councilor Henry Bailey. The issue is a claim that the members are trying to undermine the mayor and micromanage employees.

The recall has a separate provision where the votes to remove must equal the number of votes the councilors received in the election. For Hibbs it is 170, Schlader, 98 and Milward 161.

Update: The recall was tossed out after the clerk found that not enough signatures were handed in and there was no provision for an extra period to collect.

Mexico: Constitutional Amendment to require a presidential recall halfway through term passes lower house

Mexico is moving forward with its plan to adopt a recall election for President, as President Andres Manuel Lopez Obrador says the law would require him to face a recall vote halfway through his term. Obrador originally proposed a recall every two years.

Obrador is disputing the claim that he is trying to use these changes as a way to seek a second term (Mexico limits presidents to a single six year term). The law passed the lower house, but Obrador's supporters do not appear to have the 2/3rds vote needed to get a constitutional amendment passed.

Massachusetts: Fall River Councilman looking for different method to remove Mayor who lost recall, won replacement seat

After losing Mayor Jasiel Correira lost a recall vote this week, but winning the replacement race, the City Councilor Shawn Cadime is pushing to find a different method to remove Correia. Following the election, Correia is being accused of removing two people who ran against him in the replacement race, School Committee Vice Chairman Mark Costa and School Committee member Paul Coogan.

Cadime claims that the Home Rule Charter gives that if there are seven votes to remove by the City Council, the Council President would become acting mayor. It sounds like the City Attorney disagrees with this interpretation.

Idaho: Sugar City Mayor and Councilman survive recall vote

Mayor David Ogden (290-177) and Councilman Brent Barrus (294-167) survived their recall votes on March 12 in a battle over the legal costs for rezoning of property that may result in new apartments and is the cause of a significant battle in town.

Turnout was 52.5% of which 60% were absentee ballots.

Wednesday, March 13, 2019

Massachusetts: Fall River Mayor loses recall race, but wins replacement election to remain in office

Big development in Fall River. Mayor Jasiel F. Correia II (D), who is under indictment for stealing from investors and tax fraud, lost the recall run overwhelmingly, 7829-4911. However, Massachusetts allows a candidate facing a recall to run in the replacement race (not that uncommon a provision). In this case, Correia was one of five candidates. He came in first with about 35% of the vote, beating out City Councilor Joseph Camara, School Committee member Paul Coogan, School administrator Kyle Riley and Erica Scott-Pacheco. An editorial in the Boston Globe noted this possible result.

While this is an unusual development, it is not unprecedented -- though I will have to search for the same result.

The reason that it is unusual is that having a replacement race where the candidate can run in the replacement race is itself not the standard recall law. Many jurisdictions do not have the "up or down" vote on a recall -- instead they just have a new election for the position, featuring a guaranteed slot for the candidate (Michigan, Wisconsin have this). Some places do not have a replacement race and instead just allow for an appointment to the position (notably Oregon); Rhode Island gave the position to the second place finisher in the last election. California has an up or down vote on the recall, but the candidate is barred from seeking the office in the replacement race.

That said, it is not that uncommon and in fact Fall River almost saw this result a little over four years ago. The city had a recall against then mayor Will Flanagan. Flanagan lost the recall, but came in second in the replacement vote.

 Louisiana proposed changing its law to ban recall loser from running in a replacement race after one such candidate got 1/3rd of the vote after being kicked out (though that candidate did not win). Here's some other examples of candidates running in the replacement race and losing.

Update: In 1982, Mansfield, Massachusetts Selectman John McNair pulled off this exact type of victory (losing the recall, winning the retention race). This was part of a four person recall (over the firing of a town manager). The other three Selectmen, David May, Frank Ciolella and Norman Manhana, lost their seats.  The race is noted in Joseph Zimmerman's The Recall: Tribunal of the People.

Monday, March 11, 2019

Massachusetts: Fall River Mayor may survive recall

Here's a look at Tuesday's recall effort against Mayor Jasiel Correia II, with an examination of Correia's support.  Correia was arrested on federal wire and tax fraud charges for defrauding investors.

California: Hesperia Mayor Pro Tem accuses Councilman of taking part in recall effort

Mayor Pro Tem Bill Holland is facing a recall effort over an investigation into a hazing incident at a high school. Councilman Jeremiah Brosowske is accused of being one of the supporters of the recall effort, and now he is being threatened with a potential recall by a supporter of Holland.

Sunday, March 10, 2019

UK: Recall effort against Labour MP estimated to cost about £500,000

If the recall effort against Labour Party MP Fiona Onasanya (Peterborough) gets to the ballot, it is estimated to cost about £500,000 ($650,000).

The recall is after her convicted due to claiming someone else was driving her car when she was caught speeding (11 mph over the limit). Onasanya has already been expelled from the Labour Party and spent three months in jail.  Petitioners would need about 7000 signatures to get on the ballot (10% of voters).

Idaho: Kooskia Mayor recall gets the signatures

Petitioners seem to have enough signatures to get the recall against Mayor Charlotte Schilling on the ballot. The recall was over her position on Kooskia Ambulance and was led by the former Kooskia Ambulance President Wayne Finehout.

Petitioners submitted 76 signatures and got 66 validated. They needed 45 signatures. No word yet on a special election date.

Idaho: Sugar City Mayor and Councilman up for recall vote on March 12

Mayor David Ogden and Councilman Brent Barrus will be facing a recall vote on March 12 over legal costs for rezoning of property that may result in new apartments and is the cause of a significant battle in town.

Colorado: Postcards sent calling for recall of Estes Park Mayor and Mayor Pro Tem

Postcards were sent to the Trail-Gazette newspaper calling for the recall of Mayor Todd Jirsa and Mayor Pro Tem Cody Walker. Both officials had petitions taken out against them in 2017, though nothing came of it. There is a group called Estes Park Recall 2019, but they claim no knowledge of the cards. It is not clear what the issues for a recall are.

Friday, March 8, 2019

Colorado: House Minority Leader's brother running "Recall Colorado" site targeting Democrats

House Minority Leader Patrick Neville has been threatening to recall Democrats, and apparently his brother's consulting firm has built a "Recall Colorado" website. The site is focused on Senator Jeff Bridges (D) and Representative Meg Froelich (D), with a claim of the National Popular Vote as a reason, though the website apparently also lists other issues such as Comprehensive Sex Education, Extreme Risk Protection Order firearm removal and the Protect Public Welfare Oil and Gas Operations. Neville apparently started discussing recalls over the bipartisan safe injection site bill (over opioids).

Thursday, March 7, 2019

Maine: Injunction preventing scheduling of recall against three Ogunquit Selectmen lifted

A judge lifted his temporary injunction stopping the scheduling of a recall against Selectmen Madeline Mooney, Charles Waite III and Robert Winn.

The injunction is based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident (courts have held that petitioners do not have to be a resident to be allowed to collect signatures). The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief.  Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.

UK: Recall moves forward against Labour MP jailed for speeding

Following a rejection of her appeal of her conviction, recall petitions will be taken out against Labour Party MP Fiona Onasanya after she claimed someone else was driving her car when she was caught speeding (11 mph over the limit). Onasanya has already been expelled from the Labour Party and spent three months in jail.  Petitioners would need about 7000 signatures to get on the ballot (10% of voters).

Arizona: Phoenix City Councilman recall delayed by Superior Court judge

The recall election against Phoenix City Councilman Michael Nowakowski (D), which was set for May 21,  has been stopped in a lawsuit filed by Nowakowski's sister claiming that the PAC missed three requirements in submitting the petitions.

The recall is over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.

Wednesday, March 6, 2019

North Carolina: Chapel Hill-Carrboro School Board members facing recall effort

Chairwoman Margaret Samuels has resigned after the announcement of a recall attempt against her and Board Members James Barrett and Pat Heinrich over a decision to make one existing school a Mandarin language magnet school. Petitioners needed 10% of turnout in 30 days to get on the ballot. The recall would be filled by appointment and all three are up for reelection in the fall (one is running for state school superintendent in 2000 instead).

No word on the other two board members.

Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.