Monday, February 27, 2023

Michigan: Burton City Councilmember facing petitions

Burton City Councilman Greg Hull is facing a recall effort following a guilty plea and a three-day jail sentence for operating a vehicle while impaired.

Update: The petitions were rejected due to erors and are being refiled. 

Wednesday, February 22, 2023

Arizona: Petitions taken out against Cochise County Supervisors

Petitions have been taken out against Cochise County SupervisorTom Crosby (R) over his refusal to certify the November votes of the county due to baseless claims of election deniers. The two folded after a judge stepped in. Petitioners would need to get 4865 signatures to get the recall on the ballot.

There was also discussion of a recall against Peggy Judd (R), though her vote to certify may have warded this off. 

North Dakota: Bismarck School Board Member resigns in face of recall effort

Bismarck School Board Member Emily Eckroth has resigned from the school board after petition were taken out over a confrontation with police during a DUI traffic stop (she cursed out the police and urinated in the back seat of the patrol vehicle). Her husband, who lost a legislative primary, was stopped (but not charged). She pled guilty to a misdemeanor. The school board has already voted to censure her. Petitioners needed 2709 signatures in 90 days to get to the ballot.

Louisiana: Signatures handed in for New Orleans Mayoral Recall effort

Petitioners have handed in signatures seeking the recall of New Orleans Mayor LaToya Cantrell, over 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.

In what may be an ominous sign for petitioners, they haven't released the number of signatures handed in. There may be another reason -- not giving Cantrell a number to try to hit to trigger the signature strike law that I discuss way below.

They need to 49,975.2 (20% of registered voters) to get on the ballot, though early reporting mistakenly listed 53,353 valid signatures  (an updated list dropped 17,000 voters from the rolls). The recall petitioners are actually trying to beat down that total, claiming that 30,000 additional voters should be dropped (which would cut the signature requirement by 6000). So will this be enough and what about Louisiana's odd signature gathering overtime law?

Let's go back a little and give you some details on Louisiana and the recall:

Louisiana has not been a big recall state, primarily because the law used to be so imposing, requiring signatures from 33 1/3rd registered voters to get on the ballot. This was arguably the highest requirement in the country (though the state gives a generous 180 days to gather those signatures). The law was changed to lower the total to 20% of registered voters -- still higher than many places with their 25% of voter turnout, but significantly more doable. 

That said, Louisiana has had at least 8 officials face a recall since 2011, with 5 being removed and 3 surviving the vote. The last three have survived the vote. Additionally, 5 officials have resigned in the face of recall threats. Here's the full lists of recalls (but not resignations) in Louisiana history and some recent history in this article. No other state has that, so thank you very much, Secretary of State's office.

We're not going into each of these recalls, but I want to look at four specific attempts to get a handle on the state's signature validation rate. 

The most recent recall election took place against Franklinton Alderman Heath Spears in 2022 (Spears survived the vote). Petitioners handed in 921 signatures, and 737 were validated (an 80% validation rate). 

The recall attempt against Mansfield Mayor Curtis McCoy in 2016 failed with 1045 signatures handed in an 799 validated (76.5% validation rate) -- (another official faced a recall vote, but I'm not sure how many were actually handed in).

St. Martinville Councilman Dennis Paul Williams in 2018 saw 428 signatures handed in, with 337 approved (a 79% validation rate). This did not get to the ballot. 

Port Allen Mayor Demetric "Deedy" Slaughter was kicked out in a recall in 2013. Petitioners handed in 1521 signatures and got 1387 valids (needed 1273), for a 91% validation rate. 

In these posts, I examine recalls in California and elsewhere throughout the country. The two most prominent recalls, California Governors Gray Davis and Gavin Newsom, saw 18-19% signature failure rate. While there have been recalls with much higher rates (Arizona State Senate saw a 42% failure rate) and much less (Colorado's State Senate recall had a 6%, though using rules unavailable elsewhere), we see that a cushion of 20%+ is generally needed to give a good chance of success. In this case, under the close to 50K needed, that would be 60,000 signatures. 

Sabrina Wilson at WVUE-TV pointed out that the state has a very unusual law, where it allows people to sign or remove their names from the petitions for five days or prior to certification (whichever is earlier). Many states have a strike law -- in fact, a Newport Beach, CA Council member used just such a law in 2017 to get a recall off the ballot. Some states have a cure law -- where petitioners have time to correct mistakes in the signing process. But I'm not sure if other states give additional time to collect signatures after the tape is crossed (I see that New Mexico may allow it, but I'm not sure). We'll see if that matters. 

Tuesday, February 21, 2023

Michigan: Gun group threat state legislative recalls over red-flag and background check laws

Michigan State Senate and House members are being threatened with recalls for proposals that would require criminal background checks for gun purchases and would adopt red-flag laws in the wake of the latest school shootings. The Great Lakes Gun Rights group is claiming that they would launch recalls. Democrats currently have a two-seat majority in both houses. Gun control issues have been a source of recalls in the past. 


Monday, February 20, 2023

North Carolina: Oak Island Town Council recall reportedly ended

The recall effort against Oak Island Town Council members John Bach, Mark Martin, Sheila Bell and Charlie Blalock has reportedly been abandoned. Petitioners submitted less than 500 signatures in the recall efforts against  About 220 have been verified. Petitioners need 2050 signatures by February 27 (25% of registered voters), so perhaps they will have a last-minute push (or are holding them in reserve). The recall was over a plan to improve paid beach parking.

Thursday, February 16, 2023

Louisiana: New Orleans Mayor Recall Signature Cushion question -- How many signatures will they actually need to clear the hurdle?

Petitioners are now claiming that they need only 1029 additional signatures to get the recall of New Orleans Mayor LaToya Cantrell on the ballot before the February 22nd deadline. 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

The stories are not clear if they are counting in the cushion needed to get over the signature rejection rate, which we will get into below.

The signature requirement seemed to have dropped from an original estimate of 53,353 valid signatures needed to 49,975.2 (all 20% of registered voters). The 3,368 voter drop is due to an argument that there were fewer "active and eligible" voters in the Parish, specifically, 17,000 voters haven't updated their addresses and haven't voted in the last 10 years. The recall petitioners have since filed to try to drive the number even lower, claiming that 30,000 additional voters should be dropped (which would cut the signature requirement by 6000).

Louisiana has not been a big recall state, primarily because the law used to be so imposing, requiring signatures from 33 1/3rd registered voters to get on the ballot. This was arguably the highest requirement in the country (though the state gives a generous 180 days to gather those signatures). The law was changed to lower the total to 20% of registered voters -- still higher than many places with their 25% of voter turnout, but significantly more doable. 

That said, Louisiana has had at least 8 officials face a recall since 2011, with 5 being removed and 3 surviving the vote. Additionally, 5 officials have resigned in the face of recall threats. Here's the full lists of recalls (but not resignations) in Louisiana history. No other state has that, so thank you very much, Secretary of State's office.

We're not going into each of these recalls, but I want to look at four specific attempts to get a handle on the state's signature validation rate. 

The most recent recall election took place against Franklinton Alderman Heath Spears in 2022 (Spears survived the vote). Petitioners handed in 921 signatures, and 737 were validated (an 80% validation rate). 

The recall attempt against Mansfield Mayor Curtis McCoy in 2016 failed with 1045 signatures handed in an 799 validated (76.5% validation rate) -- (another official faced a recall vote, but I'm not sure how many were actually handed in).

St. Martinville Councilman Dennis Paul Williams in 2018 saw 428 signatures handed in, with 337 approved (a 79% validation rate). This did not get to the ballot. 

Port Allen Mayor Demetric "Deedy" Slaughter was kicked out in a recall in 2013. Petitioners handed in 1521 signatures and got 1387 valids (needed 1273), for a 91% validation rate. 

In these posts, I examine recalls in California and elsewhere throughout the country. The two most prominent recalls, California Governors Gray Davis and Gavin Newsom, saw 18-19% signature failure rate. While there have been recalls with much higher rates (Arizona State Senate saw a 42% failure rate) and much less (Colorado's State Senate recall had a 6%, though using rules unavailable elsewhere), we see that a cushion of 20%+ is generally needed to give a good chance of success. In this case, under the close to 50K needed, that would be 60,000 signatures. 

Massachusetts: Darmouth's Prudential Fire District Commissioner facing recall effort

Prudential Fire District 2 Committe member Robert Bouley is facing recall efforts over what seems like a fire chief's job (I can't open the article). Numerous firefighters have already pushed for a no-confidence vote.

Florida: Crescent City Commissioner facing recall efforts

Petitioners are out for the recall of Crescent City Commissioner Cynthia Burton, though Burton is currently suing to dismiss them. Petitioners need 151 valids for the recall to get on the ballot. The issue is complaints about a sunshine law violation, though it was over a vote to abolish the police department (which took place two years ago).

California: San Mateo Mayor facing recall effort

San Mateo Mayor Amourence Lee is facing a recall effort over complaints about her leadership and tactics. Petitioners would need about 9000 valid signatures. Lee was elected in a citywide race, though San Mateo has now moved to a district-based system. Five former mayors are supporting the recall effort.

Update: The recall seems to be about housing issues.



North Carolina: Oak Island Town Council members facing petitions

Petitioners have submitted less than 500 signatures in the recall efforts against Oak Island Town Council members John Bach, Mark Martin, Sheila Bell and Charlie Blalock. About 220 have been verified. Petitioners need 2050 signatures by February 27 (25% of registered voters), so perhaps they will have a last minute push (or are holding them in reserve). The recall was over a plan to improve paid beach parking.

Sunday, February 12, 2023

Maine: Signatures handed in against Madison Selectman

Signatures have been submitted for the recall of Madison Selectman Glen Mantor, who is facing a recall effort over a decision to hire a full-time code enforcement officer.  It seems like the partner of the code enforcement officer is one of the leaders of the recall effort.

It sounds like petitioners have hit their 200-signature mark and the recall would go to the ballot on March 7.

Update: Mantor lost the recall 209-154. Shawn Bean won the replacement race.


Friday, February 10, 2023

Mississippi: Proposal to add modified recall law for municipal officials loses in the House

The House voted down 53-60 H.B. 370, a bill proposed by Representative Shanda Yates (I) to allow recall elections for municipal officials in Mississippi. The idea seems to have come about after fights between Jackson's Democratic Mayor and the Republican Governor over water problems in the city.

I wrote an op-ed on the subject of recalls in Mississippi -- hopefully, it will come out (if not, I'll run it here). Here's a previous look back on the law.

Washington: Supreme Court greenlights recall against three Richland School Board members

The Washington State Supreme Court has approved the recall effort against three Richland School Board Semi Bird, Audra Byrd and Kari Williams, over their vote to make mask mandates optional, which allegedly violates a state law that mandated masks to fight the spread of the coronavirus pandemic. 

A lower court judge approved the petitions.

Because Washington is a malfeasance standard/judicial recall state, the judges would have to approve the petitions as showing a violation of state law. Petitioners would need at least 5000 signatures each. 

College: Brown President survives recall vote

Brown Undergraduate President Ricky Zhong survived a recall vote with 83% in his favor (1659-329). The recall was over changes to the student government laws.

Wednesday, February 8, 2023

Texas: Denton City Council member recall set for May 6th, setting up reelection/recall on same ballot

The recall against Denton City Council member Jesse Davis has been set for May 6th, resulting in an unusual (though not unprecedented) event -- two races for one candidate. Davis' two-year term ends in May and he is already seeking reelection on that same election, so he would just lose office for a brief time (though presumably, this would help in an attempt to defeat the reelection run). 

The recall seems to be a reaction to the removal of Councilmember Alison Maguire in November (Maguire's attorney is a volunteer representing the petitioners).

Petitioners needed 254 valid signatures to get on the May ballot. 

California: Charges filed against petitioners in failed 2019 Buena Park City Councilwoman recall effort

The recall proponents who pushed the 2019 recall of Buena Park City Councilwoman Youngsun "Sunny" Park (D) are facing criminal charges of lying to election monitors and falsifying documents. They apparently forged the signatures of the petition gathers (though the article notes some ambiguity if they forged the actual signatures of voters as well). Charges were filed against three defendants, who all pled not guilty (two of them seem to now live in Nevada).

The recall effort failed, as petitioners handed in 2106 signatures, but had 700 tossed out + 82 for duplication). Park was charged with allegedly stealing campaign signs that claimed she was a "carpetbagger." Park has since stepped down to unsuccessfully run for county supervisor. 


Missouri: Ferguson Councilmember kicked out in recall

Ferguson Councilmember J. Toni Burrow was kicked out in a recall 326-139. The council will select a replacement. The recall was over her battles with the former city manager, who first temporarily resigned and claimed discrimination for his sexual orientation.

Burrow was running in the April 4 mayoral election, but the recall bars her from city office until the end of her term in 2024. No word on what will happen.

Louisiana: Lawsuit allows release of signatures of New Orleans Mayoral recall petitions

A lawsuit by the Capital City Press (owners of some of the biggest New Orleans papers) has been settled, which will allow reporters to receive the names of signers of the petition against Mayor LaToya Cantrell.

States have a split on whether signatures are releasable. As we saw in the two most noteworthy recent recalls, California bars it, Wisconsin allows it. 

Sunday, February 5, 2023

Georgia: Bill looks to change District Attorney recall signature requirement to 2% of registered voters

Georgia Bill 231, sponsored by Representative Joseph Gullett (R) is looking to change the rules for recall of District Attorneys, radically cutting the amount of signatures needed for a recall from 30% to 2% of registered voters. 


Oregon: Eugene School Board member facing recall effort

Eugene School Board Member Laural O'Rourke is facing recall efforts over complaints about her behavior in a board meeting during an event to honor the women's volleyball team. O'Rourke has called the effort racial harassment.

New Jersey: Plumstead Township Representative facing recall effort

Plumstead Township Representative Dominick Cuozzo (R) is facing a recall effort over claims that he "harassed and discriminated against women and LGBTQ persons and spending taxpayer money to settle personal grudges."

Petitioners need 1650 signatures in 160 days. 

Arkansas: Constitutional Amendment proposed for a recall

Arkansas House Representative Fran Cavenaugh (R) has proposed HJR1003 to adopt the recall for state officers. I'm not clear from the language on whether it would be a straight-up yes or no vote or instead a new election. 

Arkansas has a long history with the recall, including adopting it in 1912, where it was thrown out on a technicality. 

Saturday, February 4, 2023

Massachusetts: Charlemont considers recall provision

Charlemont is sending a recall provision to the annual town counsel for potential adoption at the meeting. The provision mimics a recall provision in Colrain.  The recall would require signatures of 10% of registered voters to get a recall on the ballot (the town currently has 945 registereds). The election would be a two-step process, with an up or down vote on the recall, with a replacement vote on the same ballot. The removed official cannot run to replace themselves. 

There is also a six months grace period at the start of the term and the official cannot be appointed to a town position for a year after removal.

Thursday, February 2, 2023

California: Downey Councilmember ousted in recall vote

Downey Councilmember and Mayor Pro Tem Catherine Alvarez was blown out in the recall ellection 2587-318 (though more votes may come in). The recall is reputed to be over Alvarez's failure to disclose her criminal history, where she was arrested for welfare fraud and shoplifting. The recall was backed by leaders of both parties.

Petitioners handed in 4700 signatures and 3881 were found valid. They needed 3471. Notably, at the moment more people signed the petitions than voted.  

Here was a good explainer of the recall effort by Joe Brizzolara from the Downey Patriot, who has been all over this recall effort for years.  

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

Update: Here's a look at the replacement race timeline (seems like it will stay open till November).

California: Santa Ana City Council members facing police union-led recall effort

Santa Ana City Council members Jessie Lopez and Thai Viet Phan are facing recall efforts led by the police union over a labor contract. The contract reportedly doesn't met the union pay-raise proposals. The recall chairman cited a 2021 rent control policy as the reason for the recall. The recall effort comes after progressives won four council seats in 2020. 

The union backed a 2020 recall vote against Council member Cecillia Iglesias, who was kicked out.

Louisiana: Big donor revealed in New Orleans Mayoral recall effort

One developer appears to be responsible for most of the $488K funds raised for the recall effort of New Orleans Mayor LaToya Cantrell on the ballot. Richard Farrell, a big GOP donor to Trump, has been the backer of the recall. Petitioners recently claimed they were 15,000 signatures short of the 53,353 valid signatures needed to get the recall on the ballot (though that is probably not including failed signatures). 

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 have 180 days (late February) to get the signatures.

Michigan: Petitions rejected against Kalamazoo County Treasurer

A petition against Kalamazoo County Treasurer Thomas Whitener was rejected on factualness/clarity grounds. The recall effort is over claims that millions of dollars are not being invested, a backlog of processing receipts and no investment reports presented to the board. Former Kalamazoo County Board of Commissioners Chairman Mike Quinn has been pushing Whitener to resign.

Alaska: Hoonah Mayor survives recall vote

Hoonah Mayor Gerald Byers seems to have survived a recall vote 110-172. Byers was facing the recall over claims that he used racial slurs at a council meeting and harrassed Alaska Native elders.

Colorado: Two Cripple Creek Councilmembers ousted in recall (based on preliminary totals)

Two Cripple Creek Council members Mark Green and Charles Solomone appears to have been ousted in a recall vote, though the Solomone may still change based on outstanding ballots. Green lost 55-33 and Solomone was 45-41. 

The recall is over a plan for a gift shop at the heritage center, with accusations that the city department will compete with private businesses as well as complaints that they aren't connected with the community. 

Mayor Milford Ashworth and Councilwoman Melissa Trenary signed the petitions. Bruce Brown received 51 votes in the replacement race for Brown. Jared Bowman appears to have won the Solomone replacement race.

The article notes that Cripple Creek hasn't had a recall in two decades, but there was one for a school board member in 2019.