Wednesday, June 9, 2021

California: Parajo Valley School Board member files response to recall effort

Parajo Valley School Board Trustee Georgia Acosta (in Watsonville) is saying that she has missed meetings due to surgery and cancer treatments. Acosta is facing a recall effort after missing 26 board meetings (it seems she attended between 80-85% of meetings), trying to charge the district $16K for an outside legal counsel and her role in the firing of Superintendent Michelle Rodriguez (who was later reinstated). Petitioners need 25% of the approximately 8600 voters (so about 2150 signatures). The cost is estimated between $42,960-$77,328, though Acosta is claiming it would cost $100,000.

Oregon: Ontario City Councilor recall set for July 6

The recall of Ontario City Councilmember Freddy Rodriguez is now scheduled for July 6, with ballots being mailed out on June 16. Petitioners seeking the recall needed 493 valid signatures to get on the ballot. Rodriguez has had restraining orders for domestic violence filed against him.

Maine: Two Hope Select Board members survive recall vote

Hope Select Board members Bruce Haffner (128-128) and Elinor Goldberg (102-154) survived recall votes. The recall provision is an "absentee veto" won, where the recall needs to get 40% of the turnout for the last gubernatorial election. That number was 374, and they only got 277, so while the Haffner tie vote looks close (and presumably ties go to the elected official -- you stay in office), in this case it did not matter.

The recall seems to be about Haffner's push to check out a snowplow contract that the city signed, as well as questions over the concealment of a contract (and a secret taping of Haffner).  It seems that the Board Chair and the City Administrator were pushing for the recall, so it is very much an inter-board dispute.

Hope only recently adopted the recall law. 

Sunday, June 6, 2021

California: Two other Vernon councilmembers facing September 14 recall vote

A new pair of Vernon City Councilmembers William Davis and Melissa Ybarra are facing an upcoming recall vote  Last week, Verrnon City Councilmembers Diana Gonzales (56-23) and Carol Menke (59-20) were ousted in a June 1 recall, with Gonzales replaced by Judith Merlo and Menke replaced by Crystal Larios.

Davis and Ybarra, who are seen as political opponents of the two ousted officials, are scheduled for a September 14 recall. 

The recall effort was over support for a solar and wind project that is proposed by a developer who is accused of stealing $20 million from City Industry, though Gonzales and Menke claim that it is about their challenges to an attempt to put family members of Mayor Leticia Lopez's in city-owned housing (there are few privately owned homes). 

Vernon is similar to the City of Industry and Bell (extremely small cities near L.A. that are seen as industrial and frequently complained about as tightly controlled by a small group of residents). Vernon is the smallest incorporated municipality in California with only 130 people, though it and its public utility seem to have a combined $300M budget.

Washington: Legal fees reported in Kent School Board members' recall defense

The Kent school board has spent $21,302 defending four School Board members, Leslie Hamada, Michele Bettinger, Denise Daniels and Maya Vengadasalam from recall petitions. The petitions against Daniels or Vengadasalam were tossed out because it is within the six month grace period before the next election (neither are running for reelection). The article seems to suggest that petitions were dropped against the other two, but it also mentions an upcoming court hearing. Washington is a Malfeasance Standard/Judicial Recall state, so a judge has to approve the charges before the recall can go forward.

The lead petitioner Bryon Madsen, lost to Daniels in 2017 and is running for her seat.  

The fifth board member (Joe Bento) was appointed last year and is running unopposed. 

The petitions seem to be focused on a Superintendent no confidence vote from the education association (I'm actually not sure who passed the no confidence vote) and a host of other complaints. 

Petitioners would need 10,991 signatures for Bettinger and 8802 for Hamada. They have 180 days to get the signature.

Colorado: Peak to Peak School Board member facing upcoming recall vote

Peak to Peak Charter School (in Lafayette)  board member Ari Axelrod is facing a recall election on June 10. Petitioners handed in 266 valid signatures and needed 202. To win the election, Petitioners need both 30% of eligible voter turnout and 66% in favor of the recall. Already four people are running in a replacement race. The issue is complaints about behavior. 

Wisconsin: Dodge County Supervisor recall scheduled for July 13

Dodge County Supervisor Thomas J. Schaefer is facing a recall vote on July 13 (unless there is a primary, which would be held on the 13th and the election held on August 10). The lead petitioner Dan Siegmann has filed to run. Petitioners handed in 381 signatures. 

No word on what the recall is over.

California: Details on Oceanside City Council recall

Some more details about the recall effort against Oceanside City Councilmember Kori Jensen. Jensen was appointed to the council in January and the complaints include her being appointed instead of having an election, not being known in the community, trust and transparency issues over her primary residence (claiming that she does not actually live in the district), delinquent taxes and a vote to close a swim center.

Petitioners needs 4,484 signatures.

Friday, June 4, 2021

California: Newsom Recall Roundup -- Union, the turnout myth and cost estimates getting in there

Newsom counting on Unions to push his campaign (though I'm not really sure that I buy the argument) 

Sacramento Bee looks into how voter turnout works in a high-profile recall

51 of 58 counties have sent their cost estimate into the Department of Finance, resulting in more discussion on how this can be used to speed up the recall vote.

Caitlyn Jenner in the news again, saying California is sick -- this one may not have been held in an airport hanger.

California: Petitions approved in three Lucia Mar School Board Trustees recall effort

The petitions have been approved in the recall effort against Lucia Mar School Board Trustees Don Stewart, Colleen Martin and Dee Santos over the board's policies to combat the coronavirus pandemic. Petitioners claim that the board took too long in reopening, while the board has said they simply followed state guidelines. Petitioners need 8302 signatures to get to the ballot. A special election is estimated to cost $350,000

California: Livingston Mayor and two councilmembers facing petitions

Petitions are being taken out against Livingston Mayor Juan Aguilar, Mayor Pro-Tem Raul Garcia and Councilmember Gagandeep Kang. It is not clear what the recall is about, though Kang was accused of misconduct for crude comments in January. 

Two new Direct Democracy Books

Wanted to point out two relatively new books mentioned on the Election Law Blog out now on Direct Democracy that look worth checking out:

Chris Micheli's Cases and Materials on Direct Democracy in California

John G. Matsusaka's Let the People Rule: How Direct Democracy Can Meet the Populist Challenge

Thursday, June 3, 2021

North Dakota: Four Fargo School Board members face recall threats

Four Fargo School Board members, Seth Holden, Tracie Newman, Nikkie Gullickson and Jim Johnson, are facing recall effort over their support for hybrid learning initiatives to prevent the coronavirus pandemic. The petitioners cite other grievances, but the Facebook page is ND Parents Against Distance Learning, so... Petitioners need 4,144 signatures for each to get on the ballot. The other five board members are in the one year end-of-term grace period, so they can't face a vote.

Wednesday, June 2, 2021

California: Two Vernon Councilmembers ousted in recall vote

Verrnon City Councilmembers Diana Gonzales (56-23) and Carol Menke (59-20) were ousted in a recall on June 1. Gonzales was replaced by Judith Merlo and Menke was replaced by Crystal Larios. Turnout was reported to be 66%.

The recall effort was over support for a solar and wind project that is proposed by a developer who is accused of stealing $20 million from City Industry, though Gonzales and Menke claim that it is about their challenges to an attempt to put family members of Mayor Leticia Lopez's in city-owned housing. Vernon is similar to the City of Industry and Bell (extremely small cities near L.A. that are seen as industrial and frequently complained about as tightly controlled by a small group of residents).

California: Newsom recall roundup -- Another Contender! Paramount ponies up; and more on the early vs. late debate

Mark Barabak on the early vs. late election debate

More on the Caitlyn Jenner spotlight stealing effect on the recall

Paramount gives $40K to the Newsom defense effort

Oral History of the Gray Davis recall

Assemblyman Kevin Kiley is now considering running

Ohio: Board of Elections "eats" cost of temporarily cancelled Newton Fall recall

Following the (temporary) cancellation by the Ohio Supreme Court of the June 1 recall election of Newton Fall Councilwoman Sandra Breymaier (D), the Turmbull County Board of Elections will have to pay the $500-$1000 cost of the cancellation.

Oregon: Portland Mayor recall kick-off scheduled for July

Petitioners are aiming for a July kick-off to the recall campaign against newly reelected Portland Mayor Ted Wheeler (D) and they have hired a campaign manager. 

Wheeler has a six month grace period once his new term starts. Petitioners would need 35,925 valid signatures to get on the ballot. 

California: Petitions approved in Shasta County Supervisor recall

Petitions have been approved in the Shasta County Supervisor recall, which had previously run into problems, as petitioners failed to sign the ad taken out in the newspaper. Supervisors Leonard Moty, (4308 signatures needed) Mary Rickert (4432 needed) and Joe Chimenti (4392 needed) are facing threats over their support for restrictions to fight the Covid pandemic. 

Here's a vastly more detailed look at the fight, which notes that petitioners would need about 4000 valid signatures. There is also a claim that the recall proponents have copied their logo from the QAnon logo. 

The cost is between $200,000 and $400,000.

California: Recall effort against San Diego Council President fails

The recall effort against San Diego City Council President Jennifer Campbell has failed, with petitioners claiming that they got over 10,000 signatures. They needed either 14,1421 or 13,353 (I've seen both numbers reported) valids to get on the ballot. 

The recall started over what seems to be a vote on costal height policies and mainly short-term rentals in the city. Campbell argued that there is simply no possibility of banning short term rentals, which some residents in her district want. Former City Councilwoman Barbara Bry supported the recall effort.

Tuesday, June 1, 2021

My article in the Hill: The three big myths of Recall Elections -- and how two maybe wrong

Proponents of the recall against Gavin Newsom may be basing their efforts on three key myths about recall elections.

1) Recalls succeed in ousting officials

2) Special Elections are more likely to result in an official being removed

3) Turnout will drop 

I wrote an op-ed in the Hill that looks at all three of these myths. Only one – the first – is accurate for the Newsom recall. 

California has had 110 recall elections go to a vote over the last 10 years. 78.5% of them have resulted in removal. This is much higher than the nationwide number (the one-day/two-step process is not likely to be the cause, as Colorado uses the same procedure).

However, the other two points are not accurate for Newsom. Recalls held on a special election day do not result in a greater removal rate than those held on a general election day (a fact that surprised me).

Most importantly, turnout has not gone down for gubernatorial recalls. In every case, and in the case of high profile mayoral recalls, we’ve seen turnout shoot up. 

What does this mean? We'll see.