Sunday, September 29, 2024

Washington: Judge tosses out Spokane County Commissioner recall effort

The recall effort against Spokane County Commissioner Al French (R) has been tossed out, both for happening too close to an election (the recall cannot be within six months of an election) and for failing to meet the malfeasance standard.

The recall was over claims of a coverup about PFAS (so-called "forever chemicals") contamination of the drinking water. French is currently running for his fifth term, so it the recall would have to taken place between the General Election and the next term in January or wait till the next term starts.

Washington is a malfeasance standard/judicial recall state, so a judge had to sign off on the effort as meeting the statutorily delineated reasons before it can move forward. Petitioners would have needed 11,535 signatures. 

Wednesday, September 25, 2024

California: Constitutional Amendment reshaping recall law approved for 2026 ballot

The California legislature has approved a Constitutional Amendment  that would change the recall law in somewhat odds ways. The Amendment will be on the ballot in November 3rd, 2026 general election.

The amendment was approved 32-8 by the Senate and 59-17 by the Assembly and sponsored by Senator Josh Newman and Assemblymember Isaac Bryan)

The law would seemingly get rid of the replacement race for Governor and instead allow the automatic replacement by the Lieutenant Governor, unless the recall happens before the nomination period for the midway point of the term, which would then allow for a replacement election to take place at the next general election, which presumably would be the Presidential election. 

Of course, what happens if they go down the line and also recalled the LG -- as they did in Wisconsin in 2012? Presumably they just go down the line of succession -- which would lead to the President Pro Tempore of the Senate (so, a quasi-Benjamin Wade situation). 

The other statewide officials would be replaced by the Governor (with the approval of the legislature). 

The law seems to split the recall and the replacement race for state legislators, which would mean a separate election date for the replacement race (set by the Governor). Note that Michigan did the exact opposite with their recall change in 2012.

Removed officials would presumably be able to run and replace themselves in the replacement race (though they can't be appointed to a temporary term).

Alaska: Detailed look at upcoming Juneau School Board recalls

Here's some further dives into the recall of Juneau Board of Education President Deedie Sorensen and VP Emil Mackey, scheduled for the October 1 municipal election ballot. As noted below, the closing of a school seems to be a major factor in the race. 

The recall is officially over a $7.9 million budget deficient, caused by what petitioners claim are accounting errors, though a district consolidation plan seems to be the big issue. Petitioners tried to include the consolidation plan in the petition, but was rejected because of the state's malfeasance standard (though even that may be easily surmounted due to recent court cases).  They are the only two board members eligible for a recall vote (the others either have an immediate election or were recently elected).

Petitioners handed in 2408 for Mackey and 2396 for Sorensen. They need 2359 signatures to get on the ballot.  Unfortunately, the document does not provide a breakdown of the verified/rejected rate. The recall could cost $105,000.

Update: Here's an article opposing the recall effort and noting that school consolidation is a nationwide phenomenon.

Virginia: Petitions to be taken out against York County School Board Member

A recall effort has been started against York County School Board Member Lynda Fairman over complaints about her threats to fire the superintendent and harassment, support for right wing groups and signing a contract without the authority to do so. 

Virginia has a recall trial law, so if the recall succeeds a judge would decide whether to oust Fairman (if she is found to have violated the law). 

The article notes that they need 285 signatures but I believe it would be 459 (the article cites 10% of her vote in the last election, though it is 10% of the total vote for the office).

California: More details on proposed Los Angeles City Council member recall

Some more details on the proposed recall effort against Los Angeles City Council member Katy Young Yaroslavsky (I'm quoted in the article). So far, it appears that petitions have not been taken out.

Petitioners would need about 23.876 signatures to get on the ballot. In recent years, four councilmembers have faced recall efforts but none have gotten to the ballot.

The recall is over homelessness issues and claims that Yaroslavsky supports policies that endanger safety and businesses, specifically her votes against an anti-camping zone ordinance and a vote for a interim housing project. 

Trinidad & Tobago: UWI Guild President removed

The President of the University of West Indies (UWI) Guild Kirby Moses was removed via recall. Petitioners handed in 229 signatures and then held a vote at a general meeting. Moses is contesting the legality of the decision.

Sunday, September 22, 2024

Wisconsin: Two Bohners Lake Sanitary District Commissioners ousted

Two Bohners Lake Sanitary District Commissioners (in Burlington), Carrie Oldenburg and Jessica Wiskes were kicked out in a special election on September 17. Oldenburg lost to Amber Della Bianca (227-31) recall and Wiskes lost to Brenda Szumski (233-27).

The recall was over complaints about water-quality issues and the sewer system maintenance. There is also a complaint about ending an advisory group. A third commissioner was elected four months ago.

Petitioners handed in about 300 signatures and needed 182.

California: Petitions taken out against three Gold Oak Union School Board members

Petitions have been taken out against Gold Oak Union School Board members Roy Boyd, Christina Karle and Jerald Soracco. It is not clear from the articles if signatures were actually handed in and the recall made the ballot, but I would guess that would be noted.   

The issues include policy changes, dropping enrollment, employee retention and disparaging remarks made by board members. The issues seem to be an outgrowth of the board members support for groups that are supporters of charter schools, private schools and homeschooling. There is also claims that they are focused on gender and race questions (from a conservative angle), discussion of library book removal and difficulty getting a science curriculum approved.

Saturday, September 21, 2024

Nigeria: Election Commission releases new recall guidelines

Here

Texas: Laredo looks to change law to bar recalled officials from running again

Laredo's Proposition 4 looks to be bar anyone who loses office due to a felony conviction, court order or recall loss from holding office in the city. 

e mayor or councilmember were removed from office because of the conviction of a felony, court order or a recall election, they would be unable to hold elected office with the City of Laredo.

Colorado: Loveland City Council recall to be held in January

It seems like the recall election against Loveland City Council member Troy Krenning will be delayed until January, though the article is behind a paywall, so not clear what the legal reasons are.

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. 

Wednesday, September 18, 2024

Florida: Port Richey Mayor fails by two signatures

The recall effort against Port Richey Mayor John Eric Hoover failed. Petitioners handed in 275 signatures and got 248 valid. They needed 250.  Petitioners say they will try again.

The recall comes after ethics complaints filed by a former City Council member and former Building Official. The recall makes claims about interference with officials, and acting for personally enrichment and failure to disclose information.

Due to Florida law, petitioners need to hand in 250 signatures, as the city has over 2000 registered voters (it has 2097).

The failure was due to 15 signers being either unregistered or in another county; 3 signature mismatches; 6 outside the city addresses; 1 missing witness and 2 missing voter ID or DOB.

Oregon: John Day Councilmembers survive recall vote

All three John Day Councilmember Councilmember Sherrie Rininger (169-250), Eric Bush (159-256) and Ron Phillips (161-276) survived their September 17 recall vote. Petitioners handed in at least 126 signatures.

Turnout was 37%, though ballots are expecting to still come in.

The recall is over a kitchen sink of complaints such as "claims of mismanagement, poor decision-making and planning, violations of state law, and unprofessional and unethical conduct."

The recall was filed by John Day Public Works Director. 

In January, John Day Mayor Heather Rookstool lost a recall election, 252-224 over a host of complaints about management and city employees led the charge there as well.

Texas: Killeen Councilmember would face joint recall and reelection on May 5 ballot

Some more info on the recall effort against Killeen Councilmember Michael Boyd, including that the lead petitioner was kicked out of a meeting.

The recall has had made the ballot and is expected to be scheduled for May 5, 2025. Note that the recall would take place on the same day as the regularly scheduled election, which could result in Boyd facing a recall and reelection at the same time. 

The recall seems to be part of an ongoing fight, though the petitioner mentions (among many other things) a vote in favor of a new City Hall and a meeting with developers for which a disclosure form was not filed as well as violations of the First and Second Amendment. The petition itself seems to be a vague kitchen sink, with claims of failing to "listen to the citizens"; Violations of the "code of conduct" and "failure to meet primary standards and "abusing tax dollars."

Petitioners handed in 341 signatures and 218 were verified (50% of registereds). They needed 202. The recall would be held on May 3, 2025. 

The recall effort against Councilmember Jessica Gonzalez failed. They handed in 270 and needed 246 (50% of registereds). No word on how many were rejected. 



Monday, September 16, 2024

Washington: $45K settlement over public records violation in Benton County Sheriff recall

Benton County has agreed to a $45,000 settlement over Public Records violations from Sheriff Jerry Hatcher, who was ousted in 2021 recall. The Public Records request was looking to track ammunition from the Sheriff's office.

The County may still be facing a $22M lawsuit has been filed by deputies against the County for failing to protect them from Hatcher. No idea what happened with that suit.

An independent investigator found that Hatcher retaliated against a whistleblower and two witnesses and engaged in anti-union activity.

Thursday, September 12, 2024

California: Interview with the Alameda District Attorney on the recall

Here's an in-depth interview with Alameda District Attorney Pamela Price on Berkeleyside. One point of interest is her response to the question of what changes she has made due to recall:

Has your approach to the job of prosecutor changed as a result of the recall?

What it has forced me to do is to make inquiries when I hear things that people are upset about. If I have victims on the steps of a courthouse, and they’re saying, “We didn’t get treated fairly,” then I need to talk to the lawyers who were involved in that case, because it’s not me personally. It means that there’s been a breakdown in communication somewhere in the case.

Ohio: Petitions taken out against Springfield City Commission

Petitions have been taken out against the entire Springfield City Commission, including Mayor Rob Rue, Assistant Mayor David Estrop and Commissioners Krystal Brown, Bridget Houston and Tracey Tackett over complaints about the Haiti immigrants to the city. The recall is part of the recent conservative meme/presidential debate weird moment of complaints that immigrants are eating pets. 

The petition is odd in a different way, as it does not target a specific member but the entire commission at once. I've never seen this (though I've frequently been asked questions if this is possible). It may be because Springfield has a possibly unique recall law that may allow this.  The recall law states that ""any or all members of the city commission may be removed..." and "A petition for the recall of the commissioner or commissioners designated..." 

We will see how this plays out and whether this impacts the amount of signatures needed to get on the ballot (it is 15% of registered, but if you're doing a whole city at once, is it the entire city versus each jurisdiction).

Florida: Signatures handed in against Port Richey Mayor

The first stage of a signatures have been handed in against Port Richey Mayor John Eric Hoover is facing 

The recall comes after ethics complaints filed by a former City Council member and former Building Official. The recall makes claims about interference with officials, and acting for personally enrichment and failure to disclose information.

Due to Florida law, petitioners need to hand in 250 signatures for the first step, as the city has over 2000 registered voters (it has 2097).

Oregon: Two Clatsop County Commissioner recalls make the ballot for October 27; one petition outstanding

A recall election against Clatsop County Commissioners Jeff Hazen and Ann Samuelson has made the ballot and is scheduled for a special election on October 27 (does seem like the law could be changed to push it off a week).

The recall is over their vote to approve a Liquefied natural gas project.

There is a third recall attempt ongoing against Commissioner Patricia Roberts over both the LNG project and claims of mismanagement with the Northwest Oregon Housing Authority.

Petitioners would need 441 signatures to get on the ballot by November 24. 

Tuesday, September 10, 2024

California: A look at how the replacement of Oakland Mayor would work

We covered the recall carousel a bit earlier, in American Lawyer's Recorder looking at why Oakland may end up with the 4 mayors in 3 months and why it happened, but here's another story on the subject.

Texas: Killeen Councilmember recall makes the May 3, 2025 ballot; Second effort fails

The recall effort against Killeen Councilmember Michael Boyd had made the ballot (though earlier reports suggested it would fail. Petitioners handed in 341 signatures and 218 were verified (50% of registereds). They needed 202. The recall would be held on May 3, 2025. 

The recall effort against Councilmember Jessica Gonzalez failed. They handed in 270 and needed 246 (50% of registereds). No word on how many were rejected. 

The recall seems to be part of an ongoing fight, though the petitioner mentions (among many other things) a vote in favor of a new City Hall and a meeting with developers for which a disclosure form was not filed as well as violations of the First and Second Amendment. The petition itself seems to be a vague kitchen sink, with claims of failing to "listen to the citizens"; Violations of the "code of conduct" and "failure to meet primary standards and "abusing tax dollars."


Sunday, September 8, 2024

Washington: State Supreme Court throws out recall effort against three Skagit officials

A recall effort against Skagit County Prosecuting Attorney Richard Weyrich, Auditor Sandra Perkins and Sheriff Donald McDermott has been thrown out by the Washington state Supreme Court for failure to meet the statutorily delineated reasons under the state's malfeasance standard rules. 

Petitioner Cody Hart claims that the three did not post an official bond before starting their term and that the violated election laws in counting votes in a 2019 special election. Hart (who lists himself as MAGA Republican) is running for Congress is running for Congress and has made the ballot for the top two general election.

California: Petitions set to be taken out against Los Angeles City Council member

Petitions are being taken out against Los Angeles City Council member Katy Young Yaroslavsky.

The recall is over homelessness issues and claims that Yaroslavsky supports policies that endanger safety and businesses, specifically her votes against an anti-camping zone ordinance and a vote for a interim housing project. 

Colorado: Norwood Mayor recall makes the ballot

The recall against Norwood Mayor Candy Meehan has made the ballot and will be scheduled at the 9/11 city council meeting. Petitioners needed 11 signatures and handed in 30. 

It sounds like the firing of the Town Clerk and the resignation of the Town Manager and Deputy Town Clerk are the cause. The mayor was also accused of inappropriately using funds.

California: Another recall effort against California Governor fails

Petitioners did not submit any signatures in another recall effort against California Governor Gavin Newsom (D). 

Michigan: Fourth recall attempt against Flint Council President fails

The fourth recall attempt against Flint Council President Ladel Lewi has failed, with petitioners apparently not handing in signatures. Petitioners needed 751 signatures.

The recall is part of a battle on Flint with recall efforts continually being launched, with focus on a community grant program, approval of Brownfield Plans and how revenue is allocated. 

The recall of recall of Flint Councilmember Quincy Murphy will be on the November 5th General Election ballot.

Language was approved against Councilmember Dennis Pfeiffer, making him the third Flint Councilmember to have active petitions outstanding. There are also attempts many other officials in Flint. The claim against Pfeiffer is "conduct unbecoming a councilmember."

A recall against Flint Councilmember Eva Worthing got on the ballot, but she did not run in the May 7th vote.  

Worthing called out four other councilmembers, led by Eric Mays, against whom there were recall efforts. The four were Pfeiffer, Eric Mays, Jerri Winfrey-Carter and Tonya Burns.

The anti-Mays forces claim that Mays and another councilmember called a meeting that they others did not attend over the question of applying for a community grant program funding. Mays has also been charged with disorderly conduct for conduct at the council meetings that has apparently gone viral.

Recalls were also filed against councilmember Judy Priestley (with two filed against Priestly). Former Council President Allie Herkenroder already announced that she was resigning her seat last year. 

Arizona: Cottonwood City Council recall scheduled for Election Day

The recall against Cottonwood City Councilmember Lisa DuVernay is scheduled for Election Day, November 5. DuVernay is accused of showing what it calls a pornographic video at a council meeting in August. It appears the video was of a drag show. DuVernay, a conservative member of the council, was pushing for a ban on drag shows where minors are present.

Former Cottonwood Interim Police Chief Chris Dowell has filed to run in the replacement race.

The Council managed to delay the recall by failing to get a quorum. The recall was moved from the July primary. Petitioners needed 361 signatures. 

A second recall against Councilmember Derek Paosaari over accusations of sexual harassment failed to submit signatures. 

Maine: Madison Road Commissioner ousted in recall vote

Madison Road Commissioner Michael Gordon was ousted in a September 5 recall vote, 267-48 . Petitioners claim a lack of leadership, with a note on not plowing some roads quickly enough.

Former Commissioner Jeffrey Wright won the replacement race 183-97 over Leon Dorr II. 

Gordon was appointed to the job in 2023, and was elected a month later.

 Petitioners needed 195 signatures to get to the ballot. 

Tuesday, September 3, 2024

Michigan: Petitions taken out against Marshall Township Trustee

Petitions have been taking out against Marshall Township Trustee Robert Lyng (though they need a clarity/factualness hearing). Lyng faced a recall effort in 2023 over his support for a development project.

Sunday, September 1, 2024

Texas: Austin's Ballot Propositions thrown out by Judge, including one increasing recall signature requirements

A judge has rejected Austin's 13 ballot propositions put forth by the mayor and city council, ruling that the addition of the propositions to the ballot violated the Open Meeting Act. Prop. H that would have raised the signature requirements for a recall from 10 percent of registered voters to 15%. 

Arizona: Mammoth Councilmember survives recall vote

Mammoth Councilmember Alvaro Barcelo survived a recall vote 121-98 (for Alice Soto-Martinez). Don't yet see what the recall was about.

Barcelo faced a recall effort when he was Mayor in 2014, though it did not seem to get to a vote.

Maine: Madison Road Commissioner facing September 5 vote

Madison Road Commissioner Michael Gordon is facing a recall vote on September 5. Petitioners claim a lack of leadership, with a note on not plowing some roads quickly enough.

Petitioners needed 195 signatures to get to the ballot. 

Leon Dorr II and Jeffrey Wright are running in the replacement race. Wright was previously the commissioner.