Thursday, January 16, 2025

Washington: State Supreme Court to rule on Mabton Mayoral petition

The Washington Supreme Court has heard an appeal over the judicially approved recall petition against Mabton Mayor Rachel Ruelas. Washington is a malfeasance standard state and judges usually toss out recall efforts as not meeting the statutorily delineated reasons for a recall.  

The article notes that recalls are not allowed to be held at the same time as the November general election, which is the opposite of how most states work. I'm not sure about how this works -- it does set dates for local elections and says recalls are excepted.  It does specify that recalls can't be held between a primary and general election date. However, it could make the April ballot.

The recall effort comes after the former city clerk was accused of allowing her boyfriend to abscond with $22K in checks and cash from the city. There also has been no access to two council agendas or eight recording of meetings. Council members have not seen the budget and there has been trouble with live-streaming meetings. 

Petitioners would need 59 signatures in 90 days. 

Wednesday, January 15, 2025

Texas: Bastrop Mayor resigns

Bastrop Mayor Lyle Nelson has resigned before facing the May 2025 recall vote. The recall effort was over claims that Nelson interfered with an investigation into a former Visit Bastrop CEO, who was also allegedly having an affair with. 

The recall took a long route to the ballot and could have made the November one. Nelson sued alleging that the recall has taken too long to make the November ballot and that petitions are missing a signature. Petitioners handed in over 1600 valid signatures, but did not have affidavits with each page. The petitioners have a cure period for this -- but the process is supposed to have a hearing and should be over 90 days before the election.

Here's a discussion with City Councilmember Kevin Plunkett, a supporter of the recall, explaining the confusion.

Minnesota: State GOP calls for recalls of Democratic House members in unusual Speaker fight

With an unusual deadlock in the Minnesota House, Democratic legislators have boycotted the session until the election of a replacement for one of their candidates. The Republican Party is threatening a recall against any legislator who doesn't show up -- though Minnesota law is so strict a malfeasance standard state that it is questionable that it could make the ballot. 

The legislature came out of the election with a 67-67 tie, but one Democrat (Curtis Johnson) was disqualified for not living in his district. The result is a 67-66 GOP majority until the January 28th special election. However, the Republicans have elected their own speaker who would could not be ousted without 68 votes. The Democrats are sitting out, thereby claiming that the Republican's speaker was not validly elected. The Republicans are also contesting a seat that was won by 14 votes. We'll see how this plays out. 

Michigan: State House Representative recall stymied by 2012 recall law change

A proposal to remove State Representative Karen Whitsett (D) seems to be a nonstarter. Whitsett has gained the ire of her fellow Democrats due to a series of votes and specifically not caucusing with the Democrats in the new House session. 

The problem is that under the 2012 Michigan recall rules, Whitsett would automatically be the Democrats candidate if the recall would get to the ballot. 

Tennessee: General Assembly looks to adopt recall law for local officials

Tennessee General Assembly is looking to adopt a recall for school board members, requiring local governments to adopt recall rules. The proposed rules have an incredibly high 66% of turnout  for signatures and 66% of the vote must be in favor of the recall for the official to be removed (A Queen of the Hill provision),

The Memphis-Shelby County School Board is looking to oust the Superintendent. The board has received a no confidence vote from the Shelby County Commission.  

Massachusetts: Chicopee considering adopting recall law

Chicopee is debating whether to add a recall ruling, which has passed through the Rules Committee. 

Washington: Thurston County Commissioner recall effort tossed out

The attempt to recall Thurston County Commissioner Emily Clouse was tossed out by a Superior Cort Judge. The recall was over Clouse' conduct with an aide, which resulted in a $300K settlement. She has faced an investigation, suspension and censure. Petitioners would have needed 18,499 signatures. 

The judge tossed out the recall as not meeting the state's malfeasance standard.

Monday, January 13, 2025

California: Los Angeles' long history with recalls and threats against LA's Mayor

The devastating Los Angeles fires have led to calls for resignations and recalls, most prominently against Los Angeles Mayor Karen Bass. There has been significant criticism of alleged budget cuts against the Fire Department, as well as Bass' travel and some more clearly cultural war-focused attacks on the departmental leadership (which may itself backfire, as there does not appear to be complaints about the department).

Los Angeles is a charter city and has its own recall laws that were not changed by the 2022 state revision. To get a recall on the ballot in Los Angeles, voters would have to collect the signatures of 15% of registered voters, which at the moment is 324,681 (this will definitely change) in 120 days. Petitioners can hand in the signatures and then, if found insufficient, hand in another batch in a 10 day period. It may be that the second batch has to be handed in within this 120 day time frame, which is somewhat odd and I'm wondering if something is off with either my reading or the writing of the code here.

A big factor here -- the clerk cannot use random sampling (67)-- each signature must be individually checked. The random sampling choice can save money and time, but it also can be used to delay matters, as happened in the Alameda County District Attorney recall.

The law provides for a one-day, two-step recall, like the Governor, where the replacement race will appear on the same ballot as the recall vote and the targeted official cannot run to replace themselves. 

If it were successful, the 324K may be the most signatures handed in for any race outside of the Governors/Lieutenant Governor races in California in 2003 and 2021 and Wisconsin in 2012. 

Los Angeles had one of the big recall attempts in 2022 against the District Attorney, but let's first look at the city's history and especially the four noteworthy mayoral recalls.

Los Angeles can be considered the capital city of recalls. It has long been viewed as the first place to adopt a recall law in the U.S. (but maybe not?!?) in 1903, and led to the recall's rapid promotion by the progressive movement. The first recall in US history (perhaps any history?) was against Los Angeles Councilmember James Davenport in 1904.

Los Angeles Mayors' themselves have a deep history with the recall -- though history is the operative word. Two Mayors have been kicked out with the recall (though one of them resigned) and another survived a recall. A fourth had an enormous number of signatures handed in, but too many were tossed out to get on the ballot.

Mayor Arthur (A.C.) Harper in 1909 was (as far as I know) the first big city mayor to face a real recall. This was over significant corruption allegations and was backed by the Municipal League. Harper resigned two weeks before the recall vote -- not an uncommon occurrence -- and really suggests that he would have easily lost the vote.  

Mayor John Clinton Porter faced a recall vote on May 3rd, 1932 that he easily triumphed in, 144,750-196,517.  Note that Porter would also have won the replacement race, where he was allowed to run under the rules at the time. The recall seemed to be over approval of a power plant and other claims of mismanagement and corruption, though there were some claims that it was because he was a "dry" pro-prohibition candidate (California's Senator -- and almost Democratic nominee in 1924 -- William McAdoo was one of the leaders of the Dry forces, so California has an interesting history with prohibition). One of the contemporary articles notes that Porter behaved with "singular stupidity" so that's fun.

On September 16, 1938, Mayor Frank Shaw was ousted in a recall vote, 232,686-122,196 (this seems to have been a snap election recall, not a yes/no + replacement). Shaw was accused of significant corruption and in some ways he could be seen as the model of the  L.A. Confidential time (though that book/movie are set in the 50s). Shaw was blown out -- losing 65-35%. Note that a number of sources claim that Shaw is the first mayor (or the first mayor of a major city) to be ousted in a recall. This is incorrect -- even ignoring Harper. Seattle's Hiram Gill was kicked out in a 1911 recall and Riverside had Mayor Edward Dighton removed in 1929 (with Libel as the big issue)..

Shaw's successor, Fletcher Bowron in 1950, also faced a real recall threat (seemingly over complaints about police corruption, which took place after the indictment of the former Police chief), with 78,928 valid signatures (out of a total of 129,662 collected) handed in against him. However, they needed 89,497, so they came up short -- there's a lawsuit over whether the signatures should have been thrown out. Bowron lost his next election.

There have been plenty of recalls threatened in recent years, including against Bass' predecessor Eric Garcetti, though to my knowledge, none have been serious enough to hand in signatures. 

City Council and other officials:

In terms of other officials, there have been many attempts, but from what I can tell, the last time there was an actual vote was 1984, against Councilman Arthur Snyder. He survived, but resigned the next year in a custody battle.

In 2022, a recall attempt against Los Angeles Councilmember Mike Bonin failed, with more than 13,000 signatures tossed out. Petitioners handed in 39,188 signatures and needed 27,317. They got 25,965.

This recall attempt was supposedly over the homeless issues, though petitioners were previously talking about his support for the shutdowns to prevent further damage from the coronavirus pandemic. Two other councilmembers faced recall attempts, though both failed to get the signatures.

Apparently, the last Los Angeles Councilmember to be removed was Meade McClanahan in 1946.

The last school board member to be removed was Howard Miller in 1979 over busing issues.

Currently, Los Angeles City Council member Katy Young Yaroslavsky is facing recall threats, though I don't know if any petitions have been taken out. 

The Los Angeles County District Attorney George Gascon recall effort in 2022 saw an enormous number of signatures handed in (the County is 2 1/2 times the size of LA the city). However, the recall failed, with 195,783 of the 715,833 signatures handed in being deemed invalid (27.3%). They handed in 520,050 valids and needed 566,857. Note that parts of LA County are much more conservative than the City and that the signature requirement percentage is much less (10% rather than 15%). 

One other factor to note is that Bass did not win her election in 2022 by an overwhelming margin (43-36 in the first round, 55-45 in the run-off), but she appeared to have a better performance in her original election than the recent high-profile recall ousters, such as the Oakland Mayor, and Alameda and San Francisco District Attorneys. It's not clear whether that fact matters, but worth considering.

Sunday, January 12, 2025

Illinois: House bill submitted allowing for Chicago Mayoral recall law

There's a new bill in the Illinois House which would allow for the recall of Chicago's Mayor -- just the Mayor. The bill would require signatures of 15% of turnout in 100 days -- and the signing of at least 2 Aldermen. There would be a two-step/two-day process, where the replacement race is held 60 days later.

This does seem to be targeted at Mayor Brandon Johnson, though the idea has been around in discussion since 2015.

Saturday, January 11, 2025

North Dakota: No challenger in recall vote for Dickinson Commissioner set for March 11

No challenger has apparently emerged in the March 11th  recall election against Dickinson Commissioner Jason Fridrich. Can't read the articles, but apparently, he will simply win the race.

 The recall is over a claim that he did not properly take the oath of office.

The ones against Mayor Scott Decker and Commissioner John Odermann failed. There is a question on how many signatures were needed due to whether to follow the ND Code or the Home Rule Charter. Dickinson's Home Rule Charter required 15% of voters versus 25% in the state Code.

Petitioners needed 724 for Decker and Odermann and 424 for Fridrich.

Colorado: Mountain View Councilmember recall makes the ballot (facing assault charges for shooting a teen)

The recall of Mountain View Councilman Brent John Metz has apparently made the ballot. Metz is accused of shooting a teen in the face and faces assault (and other) charges. Two teens were allegedly looking for a place to take homecoming pictures. 

Wednesday, January 8, 2025

Ohio: Brookville Mayor and Vice Mayor survive recall vote

Brookville Mayor Chuck Letner (371-407) and Vice Mayor James Zimmerlin (370-406) survived their January 7th recall effort.

Interest that the wording of the ballot question is the opposite of the ones we usually see, with it reading "Should Chuck Letner be allowed to continue as a member of the Council and Municipality of Brookville?" Therefore a yes vote is a no against the recall. 

The group is called Brookville Citizens for Keep it Rural, so pretty clear what's coming next -- development is the issue here, though they are also complaining about transparency. 

The recall will cost $16,000

Colorado: Loveland City Council member resigns, recall vote still to be held

Loveland City Council member Troy Krenning has resigned rather than face the March 4 recall election vote. The election will still take place as a replacement vote.

The recall appears to be over votes to remove the City Manager and City Attorney, as well as a rescission, that Krenning claims avoided litigation.

Petitioners needed 1615 signatures to get on the ballot.

Krenning served on the council from 2013-2017 with one of the recall leaders, former Councilmember Dave Clark. 

California: List of 15 candidates to replace Alameda County District Attorney

15 candidates have applied for the job of Alameda County District Attorney, and the council will start holding interviews, with a plan to name a successor by February 4. 

California: Ex-Congresswoman announces run for Oakland mayor

Former Congresswoman Barbara Lee (D), who left the House after 27 years following a failed run for the Senate, has announced she is running for Mayor in the upcoming replacement race. Lee replaced Ron Dellums in Congress, who himself went on to serve as Oakland's Mayor. There are currently 15 candidates in the running. 

In the meantime, the council had to select a new mayor to replace Nikki Fortunato-Bas. They chose Kevin Jenkins -- doesn't sound like he's running for mayor (which I think he would be allowed to, as he was first elected Council President. Under the law, the Council President can run, but if the President declines to serve as mayor, the candidate selected by the council cannot run for the position). 

Sunday, January 5, 2025

Massachusetts: Granby once again looking for recall law

Granby is once again looking for a home rule provision to adopt a recall law. They looked for such a law in 2015.

Illinois: New recall law proposed

Illinois Representative Brad Halbrook (R) has signed on to a proposed recall law that, among the requirements, appears to place replacement candidates on the same ballot, 10-30% of registered voter signatures in 90 days, and a 10 year ban on holding public office (which I've never seen before). It would also seem to require a 60% majority for the recall to be successful.

Illinois has a recall for Governor, though extremely difficult, and does allow it for local officials. Dalton has had a good deal of problems with a proposed recall. The only recall that we can be sure happened in the state was in Buffalo Grove.