Colorado: Teller County Clerk resigns under threat of bi-partisan recall

Well, that was quick. Yesterday we saw news that there was a bi-partisan attempt to recall Teller County clerk and recorder “JJ” Jamison. Today, after the papers were filed, Jamison announced she is resigning.

West Virginia: Editorial opposing Salem recalls

Apparently, enough signatures have been handed for a recall of four members of the Salem city council. As other jurisdictions have learned, a massive recall of legislators can present quorum problems, especially in a jurisdiction calling for appoint of replacements.

Interestingly enough, there is also an election for these seats on June 4th.

Maine: York Selectman facing recall petitions

Selectman Ron Nowell is facing recall threats, joining Chairwoman Mary Andrews and Vice Chairman Scott Fiorentino in potentially facing a recall election.

Petitioners need 641 signatures (10 percent gubernatorial turnout).

Petitioners are calling for the firing of Town Manager Rob Yandow, who is being blamed for a stalled police station project.

There does seem to be a dispute between the different council members:

At a selectmen meeting Jan. 14, Andrews told Nowell he wasn't working with the board, but rather "dropping bombs" of information on them.

Mississippi: Choctaw Tribal Council votes to lower recall requirements

They are lowering the percentage of votes for a successful recall from 75 percent to 60 percent in the case of Tribal Council representatives and the Tribal Chief.

Texas: Killeen holds hearings on new charter, with revised recall provisions

Following the 2011 Killeen recalls, the city is debating a new charter. Among the provisions that will affect recalls is a new rule that only people living in a council members district can vote on the recall.

Arizona: Law to repay legislators for recalls introduced again

Here -- it failed last time.

Florida: Tamarac City Commissioner facing recall after acquittal

Tamarac city commissioner Patte Atkins-Grad, who was just acquitted of eight felony corruption counts, is facing recall threats. Petitioners need about 1,000 signatures in 30 days.

Grad was suspended for about two and half years for her vote in favor of a developers project. The developer gave Grad $6,300 in benefits for a BMW lease and a victory party.

Colorado: Embattled Teller County Clerk & Recorder facing bi-partisan recall effort

The Republican Party Central Committee has started a recall against Teller County's Clerk & Recorder J. J. Jamison. The recall is apparently a bi-partisan effort, as the chairman of the county Democratic Party is a member of the recall committee.

Jamison is a Republican, but the chairman of Republican Party is not dodging the issue:

“J.J. was elected through the party so I have a responsibility to the party and the county,” (Pete) LaBarre said. “It's purely business. But we all have a responsibility to ensure that elected officials are doing what they are supposed to be doing.”

Petitioners would need 25% of turnout.

Jamison has been heavily criticized by Secretary of State Scott Gessler, including in a written report by Gessler's office. See this article and note this as well:

After a series of mishaps during the primary, Jamison was removed from her duties as the election official. As a result, November's general election was handled by the Secretary's representatives as well as Jamison's deputies, Krystal Brown and Stephanie Fisher.

California: Candidates lining up in the Coastside Fire Protection District recall

Candidates are lining up to run for the Coastside Fire Protection District recall on April 9 -- Michael Alifano, Douglas Mackintosh and Gary Riddell are all facing recalls, though there is no challenger for Mackintosh.

So far, Karen Anderson has filed to run against Alifano while Lee McKusick and Harvey Rarback have filed to run against Riddell. Rarback lost a bid for a seat on the Half Moon Bay City Council in November.

Maine: Poland Selectmen ousted in recall running to regain seats

The two selectmen kicked out on January 3rd,  Larry Moreau and Jim Fernald, have gotten a letter from an atorney who helped draft the town charter stating that their firing the town manager (the precipitating event for the recall) was done correctly.
The two are both running in the special election on March 4 to fill the seats (along with at least two other candidates).

Nevada: HOA recall law

Here is a look at how the recall operates in home owner associations in Nevada.

Oregon: Linn County Sheriff threatening not to enforce propose gun control laws facing recall threats

Sheriff Tim Mueller, who wrote the VP Biden stating that he will not enforce gun control laws that he feels violate the Second Amendment, cannot be fired by the Linn County Board of Commissioners, though there is talk of a recall. 
Petitioners would have 90 days to collect 6,231 signatures (15% of turnout in the last gubernatorial election). 

The articles notes that the last time a Linn County official was recalled was 1982, and that was due to lying in the voter pamphlet and misappropriating funds. 

Alabama: Prichard Police Chief ouster leading to calls for mayor's recall

A decision to fire the Prichard police chief is leading to calls for the mayor's recall. Doesn't look like they have a recall law to use, though. 

North Dakota: Two Mayville City Council members survive recall vote

Two Mayville City Council members survived their recall votes. The recall was following the removal of the city public works director position. One Council member, Mike Carr got 236 votes and the other, Larry O’Brien, got 202 votes. They were challenged by five people, though closest of whom got 84 votes.

Minnesota: Faribault School Board member threatened, though likely not allowed

Faribault School Board Chair Jason Engbrecht is facing a threatened recall over a decision to prevent another board member off the district committees this year. 

My guess is that this would not be able to go forward regardless (Minnesota has a very strict malfeasance standard), but apparently the Constitution does not even provide for recalls of school board members. 

Pennsylvania: A look at the failed recall attempt against Philadelphia Mayor Frank Rizz

One of the more famous recall attempts in US History.

Maine: Two Milford School Committee Members facing petitions

Two Milford School Committee Members, Chairman Gary Drinkwater and Michael Bond, are facing recall petitions following a contentious three year period for the board, which seems to include ousting a former superintendent. One of the petitioners was a former committee member, and another is married to a current committee member.

Petitioners need 20% of turnout (260 voters) in 30 days.

New Mexico: Two Raton School Board members facing recall threats from former principal, teacher

Two Raton school board members, President Sheila Castellini and secretary Michael Anne Holland, are facing recall threats which seemed to be based on alleged lack of professionalism on the board. Petitioners are a former principal and a former teacher. A judge will have to decide on the merits before it can advance to the petition gathering stage.

If it does go forward, petitioner would have 110 days to gather signatures of 1/3 of turnout (which appears to be 41).

Michigan: Mesick School Board member facing recall threat

Mesick Consolidated Schools board of education Jerry Coger is facing a recall threat from a former board member. The potential petitioner is claiming that Coger threatened to have two district staff members fired and of violating board policy in the awarding of a snow removal contract.

Texas: Killeen mayor after the recall

Here

Louisiana: Vidalia Police Chief recall fails to turn in signatures

The attempt to recall Vidalia Police Chief Arthur Lewis failed, as petitioners didn't hand in the 1,174 signatures needed. According to the report, petitioners sent an email claiming they came 280 signatures short.

North Dakota: Two Mayville City Council members facing recall votes on Wednesday

Two City Council members, Mike Carr and Larry O’Brien, are facing recall votes on Wednesday, over their votes to eliminate the public works director position. They are facing 5 contenders for the seats.

The vote to remove the position was 4-2, and the other council members who voted in favor did not seek reelection.

Non-Recall Op-ed in The Week on Democrats nominating Republicans for Defense Secretary

Here it is.

Alaska: State Rep. facing recall threats over party switch

State Rep. Lindsey Holmes is facing recall threats after she changed party affiliation from Democrat to Republican.

___

California: Jury Selection begins in Bell trial

Here

Texas: San Marcos mayor and four council members facing recall threats

San Marcos Mayor Daniel Guerrero and Council Members Thomason, Shane Scott, Kim Porterfield and Wayne Becak are facing recall threats for approving a zoning change allowing student housing on land that was voted by a ballot proposition to be a city parkland. Petitioners, led by a failed city council candidate, need 10% of registereds -- about 2,960).

Colorado: Center Mayor, Trustees face March 19 recall

The Center Town Board set a recall for March 19. Presumably it is the mayor and three Trustees facing the recall vote.

California: Pasedena Councilman facing recall threats

Pasadena Councilman Steve Madison is facing recall threats for his support for a bill to increase the number of large events that can be held at the Rose Bowl, a move that is thought will pave the way for the return of the NFL. 

Petitioners are nearby homeowners and neighborhood groups who worry about the additional problems.

This is part is very interesting:

Madison cast the deciding vote against a previous NFL proposal in 2006.

Idaho: Mullan mayor, councilman recall on the ballot on March 12

Mullan Mayor Mike Dunnigan and Councilman Dan White will be facing recall votes on March 12. Petitioner needed 77 signatures and got 82 and 78.

This seems to be one of the key precipitating events:

A confrontation between Bergstrom, Dunnigan and a female companion was posted on YouTube on Sept. 17 (http://ireport.cnn.com/docs/DOC-843011). In the clip, which CNN posted on its website, Dunnigan threatens to “beat the living (expletive) out of” Bergstrom, who was apparently on his own property. Dunnigan yelled the words from the driver’s seat of a blue minivan. He was apparently upset about a sign posted on a utility pole across the street from Bergstrom’s home. Bergstrom said the sign said, “Please drive slow.” 

UK: MP laments lack of action on recall bill

Tory MP Zac Goldsmith is again attacking the proposed recall bill, noting that the government has completely stopped talking about the law. His own bill is also not getting any traction:

Goldsmith has devised his own Private Member’s Bill, and had all-party support for a Early Day Motion — apart from the Lib-Dems. But although submitted in June, it will not be debated until March — if at all.

West Virginia: Four Salem City Council members may be facing recall

This one is very hard to track, which fits in with my experience on West Virginia recalls. Apparently, four Salem City Council members, Israel Williams, Laurie McKowen, Bobby Knight and Doug Fischer, are facing recalls (petitioners needed 20% of registereds). The four seem to have voted to kick out the now-former Mayor Don Stamm due to a claim that he didn't actually live in the city. The two members who didn't vote for Stamm's removal weren't targeted in the recall. There won't be a replacement vote -- the surviving council members appoint replacements.

According to one article:

Each petition accuses the four of “disruptions and actions that continue to subject the city to ridicule from the media and neighboring communities. They continue to waste valuable time squabbling and pursuing personal attacks rather than addressing the real challenges and concerns that face the city.”

The city apparently also has a law that the petitioners will have to pay for the costs of the recall. Now, we saw a "loser pays" law in Keyser, West Virginia (which seemed to have a very anti-democratic code), but this law seems a bit different. This may involve some digging, so stay tuned.

Wisconsin: Two Supreme Court challengers signed Walker petitions

The Wisconsin state Supreme Court is in the news again -- two challengers in the race against Supreme Court Justice Patience Roggensack signed the Walker petitions. The two are Marquete University law professor Ed Fallone and lemon law attorney Vince Megna.

California: Stone Corral Elementary School District recall on April 9

Stone Corral Elementary School District board members Reynold Esquivel and Rebecca Quintana are facing a recall election on April 9.

The issue was that the attempted firing of teacher/principal/superintendent Chris Kemper and administrative assistant Dolares Gonzalez, the cancelattion or rescheduling of some school board meetings and allegation that the two members refuse to speak to a few parents who weren't registered voters.

North Dakota: Williston School Board recall back to square one

The Williston School Board recall election process against school board members Monica Chamley and Katie Peterson, has to be restarted, as the petitioners failed to file an affidavit for each board member.

Maine: Poland voters oust three selectmen in first recalls of 2013

Three Poland Selectmen, Jim Fernald, Larry Moreau and Wendy Sanborn, were ousted yesterday, in the first recalls of the year. All three voted to fire the town manager on October 16.

Fernald lost 305 to 261, Moreau lost 350 to 216; and Sanborn lost by the greatest margin, 360 to 201.

California: Yuba County Superior Court Judge recall fails to turn in signatures

The attempt to recall Yuba County Superior Court Judge Julia L. Scrogin failed, with no signatures being submitted. The issue was a ruling against one of the recall backers in a foreclosure case. 

The recall started off poorly, with two failures to submit the minimum number of signatures to get the recall of the ground. 

Missouri: Kansas City Mayor facing recall threat if light rail plan vote not held

Kansas City transit activist is threatening to recall Mayor Sly James, if the city doesn't schedule a vote in 60 days on his light rail plan. They would need about 18,000 signatures to get the recall on the ballot.

Wisconsin: Primary campaign in La Crosse Common Council president recall

La Crosse Common Council President Audrey Kader is now going to have a primary before the recall race. Oddly, I see no notice of a political party, though it seems like the top two challengers in the first race get to compete again in February.

Kader is facing a past challenger, Jerome Gundersen, Jr., who Kader beat in 2003. She is also facing a Viterbo student, Gage Maurer. Most of the signatures against Kader were from Viterbo students. Note this comment:

"UW-La Crosse has consistently had representation on city council," Maurer said in a statement. "Therefore, Viterbo should also have representation on city council.”

Peru: Lima mayor facing recall vote on March 17; former mayor may have led efforts on recall

Lima mayor Susana Villaran is facing a March 17 recall vote half-way through her term, and there's some debate over why. According to this Global Post article, Marco Tulio Gutierrez was responsible for the 400,000 signature-gathering effort. But he has refused to state who put up the 2 million soles ($770,000) to pay the gatherers. As a nice touch, they also gave away candy.

According to the piece, former mayor Luis Castaneda (who finished fifth in the presidential election last year) is leading the effort. One of the goals is that holding office would give him immunity from prosecution over the alleged payment in 2006 of 36 million Soles ($13.9 million) to Comunicore, a waste-management company run by a friend.

Non-recall op-ed on Ousting the Speaker

Here's an op-ed I wrote for The Week on the Republicans long history of removing their House leader.

Alabama: New legislation proposed on adopting recall

I've written on this specific proposal before. The recall law is proposed by a Democrat, and doesn't appear to have much chance of passage. It would require 25% of turnout, petitioners would have 90 days to get the signatures, and it would be a judicial recall or malfeasance standard.

AP story on the year in recalls

Here, with my comments.

North Dakota: Williston School Board member discuss recall

Williston School Board member Katie Peterson, discussing the issues of the recall

Colorado: 400 signatures gathered to recall three Evergreen Fire Protection District board members

Petitioners are claiming 400 signatures to recall three Evergreen Fire Protection District Board members, vice president Charlie Simons, secretary Jeff deDisse and treasurer David Christensen. Petitioners need 300 per board member.

The issue is a vote to build a fire training building, which residents say is inappropriate in aresidential and commercial neighborhood

Politico on the year in recalls

Here's an article in Politico discussing the 168 recalls.

Washington: Two Senators flip the chamber

Here's another article on the two Democratic Senators who pushed the Republicans into the majority. Here's my previous mention of the past recall of a state Senator there.

The Year in Recalls -- 168 recalls in 2012; 509 petitions taken out (updated numbers -- 507 taken out; 166 recalls)

Update: I had two recalls that should not have been counted in 2012 -- so the numbers should be 507 attempts and 166 recalls. 

As it is this blog's second year, we are now looking at our second recap, and the number are pretty impressive. In 2012, there were at least 168 recalls in 93 different jurisdictions. Here's my article in The Week examining the phenomena.

This is an increase from last year, when there were 151 recalls. This year, I also compiled a list of how many times recall petitions were reported to have been taken out -- 509 times. There were also numerous reported recall threats, but I never saw a follow-through, so I didn't include those.

I should point out that I am fairly certain that there are almost certainly recalls that I missed, so the 168/509 numbers should be seen as a floor, rather than a ceiling.

Despite the fact that the single most noteworthy recall -- Wisconsin Governor Scott Walker -- failed to remove the official, as a whole, the recalls were extremely successful. 108 officials were bounced, with 82 being kicked out, and 26 resigning before the recall took place. As I pointed out last year, this fact is especially striking compared to the fact that the incumbent reelection rate in the US is at least over 75%.

To answer the biggest question I receive, I do not breakdown the recalls by party. This is simply because most of the recalls are on the local level, where the position is elected on a nonpartisan basis, and it is not readily apparent which party the official belongs to. Additionally, when there is a partisan position, the party label is frequently a misleading way of judging the recall, as many are not based on D v. R partisan motivations.

If you would look at the history, especially at the state legislative level where party is most obvious, you would see both parties are not shy about using recalls (for example of the 14 state legislative recalls from 1981-2008, most were launched against Democrats, and ethics played very little role in those recalls).

That being said, I would say that the majority of recalls that had a partisan basis (and it is a very small minority of the 168 and the 509) to them in 2012 were launched by Democrats or Democratic-supporting groups. The reason for that is simple -- recalls are generally used by the group that is not in office. The Democrats did very poorly in the 2010 elections. 

Some other interesting facts:

• Recalls were held (or an official resigned in the face of a recall) in 20 states and the District of Columbia;
• Since 2011, 25 states and DC have held recalls
• The state with the most recalls was once again Michigan. Since the state changed its recall laws, we'll see if that holds up.
• The only state level recalls bin 2012 were in Wisconsin -- the Governor, the Lieutenant Governor and four state Senators.
• 29 mayors faced recalls -- many of these mayors were elected as part of the city council, so the votes were not city-wide
• The reasons for recalls are all over the map. As regular readers of the blog know, I am very dismissive of the idea that the economic downturn is wholly to blame for the recall explosion. In fact, technology is playing a very large role in the expansion of the recall.

Recalls continue to face barriers from administrative or judicial officials:

• 22 times an agency or election commission prevented the recall from getting on the ballot (for reasons that did not include a failure to gain enough signatures.
• 22 other times, the judiciary rejected the recall (most prominently in El Paso, Texas).
• In one instance, in Holy Cross Alaska, the city council simply refused to schedule the recall. 

Despite the criticism of the recall, it continues to expand.

• Five localities adopted the recall in 2012.
• One locality, College Station, Texas, became the first jurisdiction that I know of, to change their recall from a political recall to a judicial recall or a malfeasance standard.
• Michigan's legislature adopted a new law that may significantly curtail the use of the recall in the state. This came at the same time as their adoption of a Right to Work law. It should be noted that the recall changes were not approved by voters -- it would have been interesting to see how voters would have felt about the changes. As I note in The Week:

Following the Walker recall campaign, there was talk of recalls facing a backlash. Pundits were quick to cite a Wisconsin exit poll that showed 60 percent of voters wanted to limit the use of the recall to malfeasance or incompetence. Another 10 percent of voters wanted to eliminate the recall altogether. However, all the talk around that poll had one major flaw: 70 percent of voters might have touted opposition to the use of the recall, but that didn't stop 47 percent of voters from casting ballots to kick Scott Walker out of office.

The reasons for the recalls this year span the spectrum. The Wisconsin recalls were the most prominent, but there were plenty of others that received notice. Firing of city managers and police chiefs were very popular issues. The Fullerton, California recalls were very well followed. Others included the Mayor of Troy, Michigan, a big tea party supporter who was targeted for, among other things, some anti-gay comments.

Some of the more noteworthy ones including extramartial affairs by city council members, opposing another member's appointment of his girlfriend to the village council, trashing a hotel room, one launched by the wife of a losing candidate and using Meth.  And for movie buffs, the Mayor of Truth and Consequences, New Mexico survived a recall. Even the ghost of Belle Starr couldn't help as there is now a new huckleberry in town: the mayor of Tombstone, Arizona was bounced and replaced by the owner of Johnny Ringo's bar.

Of course some times, the recalls failed to get on the ballot. Noteworthy among these was a Moreno School Board member who has been indicted on 11 counts, including rape, pimping, pandering and attempted murder. Petitioners simply didn't get the signatures.

In the face of the "Bermuda Triangle" nature of the recall, with this continue? No reason to think it won't. There have already been plenty of recalls scheduled for 2013, including three Council members in Poland, Maine who are facing a recall vote on January 3.

North Dakota: Two Williston School Board members targeted in recall

Two Williston school board members, Monica Chamley and Katie Peterson, are facing recall petitions due to complaints about the superintendent. No word on how many signatures are needed to get it on the ballot.

Arizona: Three Bouse School Board Members voted out in November recall

A couple of stragglers in this year's recall total: Three Bouse School Board members, Virginia Beulke, Melissa Williams and Joyce Tucker, were all kicked out of office on November 6. The issue appears to be a vote to merger Bouse school district with Quartzsite.


Beulke lost 43.30-56.70%. Tucker lost 47.37-51.75%, and Williams lost 37.99-62.01%.

Wisconsin: La Crosse Council President recall now on the ballot

Another surprising turn in La Crosse council president Audrey Kader recall. After tossing out a large number of signatures, petitioners were able to correct the errors (by adding in proper addresses) . They now have 169 valid signatures (they needed 158).

Arkansas: Fort Smith City Director-elect facing recall threat before taking office

Fort Smith City Director-elect Keith Lau, who hasn't even started in office yet, is facing a recall threat over an animal control ordinance. The former Chair of the Animal Services Advisory Board has threatened the recall. The Chair resigned on July 18 after sending a "lengthy and sarcastic e-mail" to a separate director

Petitioners can't try for the recall until Lau has served six months. Petitioner also claims that they woul need 237 signatures (35% of turnout from the primary), though it sounds like the actual number is 2,048 (due to the fact that the last general election for the seat was in 1996).

Utah: State Rep propose recall law, Salt Lake City Tribune cautiously backs idea

Utah doesn't have a recall law, but the Salt Lake Tribune is calling for one. This is due to the Brigham City Mayor Dennis Fife recall discussion (he had an affair with a woman he was counseling).  State Rep. Lee Perry is set to propose a recall law.

Michigan: Opinion piece praising the recall changes

Here

Michigan: Jackson Mayor facing recall petitions

Jackson Mayor Martin Griffin is facing a recall petition (language still to be approved). The issues appear to be his support of the city’s stormwater ordinance fee and his support for a payment upon the resignation of the former city Manager.

Michigan: Recall law signed into law by Governor

Michigan's Governor has signed into law the bill limiting recalls. The most prominent provisions are making the recall a one-step process, the moving the signature gathering timeframe from 90 to 60 days and limiting recalls to only Election Days in May and November. It would also prevent recalls in the first and last year of a Senators term (and six month each for Reps), and mandate "factual" charges, a very unclear term.

For some analysis of the provisions (I'll look at the law in further depth when I have some time), see here and here

Virginia: Loudoun County Supervisor facing threats of a recall trial

Loudoun County Supervisor Eugene Delgaudio is facing removal threats. The Arlington Commonwealth’s attorney office are investigating Delgaudio for allegations he misused county resources for political fundraising and campaigning.

Chairman of the LCDC Evan Macbeth said:

“Virginia does not have recall elections, but recall trials. As such, we’ve evaluated options, including a recall petition, in light of the law and the fact that there is a legal process and investigation underway now.”

I don't know the last time a recall trial was used in the state, so it would be interesting to see one.

New Mexico: Truth of Consequences Mayor survives recall vote

Truth or Consequences Mayor John Mulcahy survived a recall vote (perhaps the last of the year), despite losing 332-273 (54.8% in favor of removal). In order to ward off the possibly unfair advantage of a special election, New Mexico law requires that the votes in favor of a recall equal or exceed the number the official received in the election.

Petitioners needed 374 votes.
Mulcahy, 52, receives $550 per month as mayor.

One candidate for mayor claim that the recall was about Mulcahy's not supporting a city-sponsored site for a spaceport visitor center, for his ties to several influential developers, and for City Hall’s push to build a waste transfer station.

Wisconsin: Schools Superintendent, who signed Walker recall petitions, facing election

Wisconsin schools superintendent Tony Evers, who signed a petition to recall Scott Walker is now facing a reelection race. Walker is officially undecided in the non-partisan race.

Oregon: Baker School Board members consider suit against recall petitioner for cost of election

Following the Baker School Board members recall in which the board chair Lynne Burroughs and member Mark Henderson both survived the vote, the school board is now considering a lawsuit to sue the petitioner to collect $10,000 for the cost of the recall. This suit sounds like a guaranteed loser.

The board claims that the petitioner claimed false reasons in her recall statement on the ballot.

The state statute deals with a candidate or political committee publishing falsities “with knowledge or with reckless disregard” according to the first subsection of the statute.

“Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation,” the law states in subsection 5.

The district has 30 days after the election to take action, the statute stipulates.

Maine: Three Poland Selectmen facing January 3 recall vote

Three Poland selectmen, Jim Fernald, Larry Moreau and Wendy Sanborn, are facing the first recall vote of the new year on January 3.

The issue was their decision to fire former Town Manager Rosemary Kulow.
     

Colorado: Trindad Board of Education recall appeal rejected, as Petitioners consider appeal

Here

Non-Recall Op-ed on Presidential Line of Succession

This is following the death of Daniel Inouye.

Idaho: Debate on third attempt to recall the Superintendent of Public Instruction

Third times the charm? Quite doubtful, but here's some discussion.

Read more here: http://voices.idahostatesman.com/2012/12/18/idahopolitics/reviving_idahos_luna_laws_would_spark_third_recall_effort_says_t#storylink=cpy

Michigan: Backer of Right to Work Law pledges help in recall drives

Dick DeVos, who helped kill the collective bargaining ballot measure, has pledged to financial support Republicans in recall fights.

Wisconsin: La Crosse Common Council President Recall petitions tossed out

The attempted recall of La Crosse Common Council president Audrey Kader appears to be over, as the city clerk tossed out 148 of the 252 signatures. Petitioners needed 158 and got 104.

More than 60 percent of the signatures listed's Viterbo University's student union as their residence. These were tossed out (though if they also listed a dorm room, they were counted). Apparently, the clerk also cross checked with voter registration, and was able to certify 36 of the addresses.

California: Judge admonished over comments to rape victim

So far, there has been no discussion of a recall of Judge Derek Johnson, who called a victim's rape "technical" and handed down a sentence to the rapist of 6 years, when the prosecutors were asking for 16. However, this is exactly the type of judicial case that can lead to a recall. The two most recent judicial recalls (and they took place in the 1970s in Wisconsin) have a similar fact pattern. The one difference is that unlike for those judges, there won't be too many defenders.

Rhode Island: Block Island Health Service Board voting on adopting a recall law

Here

Bermuda: Official calls for recall law

Here

India: Mangrol Nagar Palika Chairman survives recall

Here. Seems like he won overwhelmingly, with 7,243-3745.

The officer added that the voting was held about 11 months after 17 of the 20 members of the Mangrol Nagar Palika moved a no-confidence motion against the elected chairman Ashok Jain.
"The no-confidence motion was passed Jan 4. The proposal to recall Ashok Jain was forwarded to the district election officer and then the state government. When it passed each of these stages, the election to recall the chairman was held Wednesday. However, as only around 34 per cent people voted in favour of the recall, the chairman will retain his position," said the officer

California: Three Coastside Fire District Recalls set for April 9

Here

Michigan: Senate passes new recall law

The vote was 22-16. The significant changes include cutting down the recall limit from 90 to 60 days, and state Senators are exempt in the first and last year of a term. You can see my full analysis here.

Maryland: Rising Sun Town Commissioners adopt recall law

The Rising Sun Board of Town Commissioners passed a charter amendment giving the town the recall.

The precipitating event was a censure of Mayor Robert Fisher for failing to obey a gag order on the town’s water and sewer struggles.

This recall is limited as it first requires an official censured by the board, as well as a petition with 20% of registered voters.

Maine: Three Kittery Councilors facing recall threats

Three Kittery councilors, George Dow, Leo Guy and Jeff Brake, are facing recall threats over their dispute with other city officials which led to the resignations of both the Town Manager and the Police Chief.

The town manager claimed that the three councilors were micromanage him. The petitioner claims that the severance packages and the search for replacements were unneeded expenses (though it does not sounds like a lot -- severance was $18K for the both of them).

Petitioners need 15% of registered voters, which appears to be about 500 signatures. A fourth councilor is not eligible for a recall because he hasn't served six months.

Utah: Brigham mayor affair leading to drafting of a recall bill

An affair by Brigham Mayor Dennis Fife is leading to calls for his resignation, and is leading one state legislator to draft a recall law for the state. The affair was with a woman he was counseling as a bishop.

California: Some postscripts to the San Fernando recall

Some fallout from the San Fernando recall. Battery and vandalism charges against former councilwoman Maribel De La Torre were dropped because former San Fernando Mayor Mario Hernandez, failed to appear despite a bench warrant issued for his arrest.

India: Voting takes place in first Rajasthan recall

The recall was against Chairman Ashok Jain. No word yet in the results, though 65.71% voted (11,129 votes).

Michigan: My oped in The Week on the difficulties of a Gubernatorial recall

This expands on my prior post on the difficulties unions would face if they try to recall the Governor and legislators.

Michigan: Judge rules Troy must hold replacement vote in May

A judge ruled that Troy does not need to hold a replacement vote in February (as ordered by the Secretary of State) but can't wait till November (as the city was hoping).Instead the replacement vote will have to be held in May. The state is debating whether to appeal. Here's the key provision:

"The court agrees with the Secretary of State" that state law requires that a special election be held “on the next regular election date,” the judge said from the bench. “However, the court finds it would be virtually impossible for the election to be held in February because of the holidays,” which would not allow enough time for candidates to obtain petition signatures and file to be on the ballot, she said.

Tennessee: Court throws out defamation suit by recalled Nashville former City Councilwoman

Nashville former Councilwoman Pam Murray, who is the only person to lose a recall in Nashville history, lost a defamation suit filed against a number of opponents, including her successor Jamie Hollin, who beat her in the 2009 recall. h

The Tennesse court of appeals upheld a lower court ruling, which threw out the charges. The petitioners claimed that Murray actually lived in Detroit working for a methadone clinic. After Hollin didn't run for reelection in 2011, Murray ran and lost.

Oregon: Two Baker School Board members survive recall vote

Two Baker School board members, Chair Lynne Burroughs and Mark Henderson, survived recalls on Tuesday. Burroughs won  2,180 votes to 1,815, and Henderson survived 2,313 votes to 1,753.

Michigan's Right to Work Law and potential recalls

Michigan's passage of the Right to Work Law seems to make the state a fertile for future recall attempts, from the Governor on down. Right to Work is a huge threat to unions, arguably more so than the laws passed in Wisconsin last year. Not only has there been recall threats chanted in protests in Lansing, but the legislature apparently recognizes the danger and is trying to make significant changes to the recall law.

Furthermore, by all rights, Michigan should be the most fertile ground for a gubernatorial recall this year. The state is almost the ground zero of the recent recall boom -- last year it was home to almost 20 percent of the recalls around the country that made a ballot. This year saw a drop off, but it was still home to 24 recalls. Michigan has also been the home of numerous recalls of state legislators. Four state legislators have faced recalls (two in 1983, one in 2008 and one in 2011). Three of those legislators were removed.

And yet, there are some serious hurdles that might make a Michigan Gubernatorial recall (not to mention a Senate and House recall) less likely to occur.

1) The basic fact that unions might shy away from the recall after Wisconsin. There is no question that the unions came away the losers in the Wisconsin recall fight. They spent a whole lot of money, and they failed to oust Walker, only succeeded in capturing the Senate for a brief time, and failed to reverse any of the changes  in the law. Without some deep pockets backing a recall threat, it may be next to impossible to get a recall on the ballot.

2) The signature total would be much greater. Michigan simply has a lot more voters. Wisconsin needed 540,000 valid signatures. In Michigan, the number to get Snyder on the ballot would be 806,522. The time period is a little longer (90 days for Michigan, as opposed to 60 days for Wisconsin), but not enough to make a difference. In fact, there have been attempts to recall Snyder, and they have failed by a large margin -- one got 500,000 signatures.

3) Wisconsin's signature verification laws are much easier, therefore you would need a bigger cushion of signatures to get that recall through. Wisconsin only required that the signers be eligible voters; Michigan requires registered voters. This greatly increases the likelihood of failure, and boosts up the amount of signatures needed. The rule of thumb has been 15% invalids.

But these reasons pale to the last one:
4) Michigan's recall laws are much different than in Wisconsin or California. In both of those states, the replacement vote happens immediately. Therefore ousting Scott Walker or Gray Davis would result in a quick change of control. Not so Michigan.

As it stand now, Michigan has a two-step recall process. First comes the vote on removing the officials. Months later is the replacement is chosen in a second vote. In the mean time, who replacing the Governor? The Lieutenant Governor. If the Lieutenant Governor is recalled as well, what happens? Who knows. One, there would probably be a lawsuit to decide if the LG gets to take the job even though they lost the recall. Two, the next two in line if the LG is removed are the Secretary of State and the Attorney General. Both of those individuals are also Republicans.

The other problem is that even a successful recall doesn't end the battle. The second vote could very well go in favor of the Republicans. This just happened in 2011. The unions backed the recall of Republican House Representative Paul Scott. But the Republicans got the last laugh. A new Republican easily won the February replacement vote. The same thing can happen here.

Wisconsin: Wisconsin Democracy Campaign breaks down campaign spending; 69% of independent expenditures were for negative ads

New detailed report from the Wisconsin Democracy Campaign -- $68.8 million of spending in the 2011 and 2012 recalls were paid to out-of-state vendors. This is from the $101 million spent by candidates and interest groups. It does not include the estimated $31.3 million spent by "phony issue ad" groups, which could keep their fundraising and spending secret.

One big caveat on the $68.8 million figure -- a lot of that money came back into the state, because it was spent on TV and radio ads:

More than half of the total candidate and group spending – about $56.1 million – was used for television and radio ads so a substantial portion of the money paid to out-of-state outfits to produce and place those ads came back to the Wisconsin media outlets that aired them.

The report has a nice, detailed breakdown of the spending, including a look at the "accentuate the negative" angle of the campaign:

...69 percent, or $30.6 million, of the total spent by independent expenditure groups was for negative broadcast ads, mailings and other electioneering activities and $13.9 million or 31 percent was spent to support a candidate.

Michigan: Petition language approved for Charlevoix City Council recall

Here. Three members are facing recall petitions over a community stove.

California: Friends of Dana Point Library hold election

The recall was stopped by a judge.

Washington: Two Democratic State Senator align with Republicans

Two Washington Democratic state Senators have aligned with the Republicans. I haven't seen anything about the use of the recall, but it should be note that in 1981, there was a recall of a state Senator in Washington for flipping parties. It was decided (I never found a case on it) that despite Washington having a malfeasance standard, the recall could go forward.

Michigan: Detroit News editorial about Mayoral recall and propose Michigan changes

Here

Michigan: Third Charlevoix City Council members

A third Charlevoix City Council member, Dennis Kusina, is now facing recall threats over the construction of a community fireplace. The other three members and the mayor cannot face a recall just yet, as they were just reelected in November. The linked story has a picture of the proposed fireplace.

Michigan: Possible recall targets from right-to-work law

The proposed Right-to-Work laws are leading to recall threats (and proposed changes to the recall law) in Michigan, though labor officials are saying that it is

 Sen. Pat Colbeck, R-Canton, a first-term senator with strong tea party backing; Senate Majority Leader Randy Richardville, R-Monroe, whose district has strong labor ties, and Sen. Mike Kowall, R-White Lake Township, who has expressed congressional ambitions.

Richardville face recall threats last year as well.

Louisiana: Second recall petition appears to get Heflin mayor recall on the ballot

Quite a turn of events in the recall of Heflin Mayor Judy Tillman. And original petition was certified with 69 signatures (they need 66), and a December 8 recall was set. A judge than invalidated the recall in August, finding that four signers did not live in Heflin.

But, a second recall petition was filed in September, containing 81 signatures (78 certified). Here, it seems that there was a drop in voters, and they needed 62 valids. So the recall is now set for April 6.

Colorado: Water rate hike leads to petitions for Center Mayor and three trustees

Petitions are being circulated to recall Center Mayor Susan Banning and Trustees Julio Paez, John Faron and Maurice (Moe) Jones. The precipitating issue appears to be a proposed water rate hike.

California: Op-ed from Fontana School Board facing petitions

Here

Arizona: Mescalero Apache tribal officials facing recall threats

A tribal activist is threatening a recall of Mescalero Apache tribal officials over the distribution of a $32.8 million settlement.

Wisconsin: GAB looking for new administrator; signers of recall petition need not apply

Interesting aside here:

The Government Accountability Board (GAB) is looking for a new administrator of its elections division. Included in the job description is a notice that anyone who signed a recall petition for a state officeholder in 2011 or in 2012 will not be hired.

Michigan: Analysis of proposed changes to recall law

I've mentioned that Michigan is the nation's leader in recalls (a position backed up here). Now, members of the legislature are suggesting major changes to the law, and it has already passed one committee. One of these changes is straight out common sense. Others are both a form of incumbent protection and begging for an increase in litigation.  Let's look through them:

1) Change the Gubernatorial recall so there is no replacement race; The Governor is automatically replaced by the Lieutenant Governor. 

2) Change the recall vote to a one day election. Currently, Michigan uses a two-day process. The recall is an up or down vote on the elected official. If the official is ousted, there is a replacement vote is held at a later date. Many states with recalls use this two-day process, but most of the states that are the big users of recalls (California, Wisconsin, Nevada, Colorado) use the one day election. There's a good reason to promote the one day recall -- a two-day process jacks up the cost (the Miami-Dade recall -- which also had a run-off, was estimated to cost $15 million).

From the legislation, it looks like Michigan is looking for a Wisconsin-style recall, where the recall operates as a straight new election. California's recall is different, as it has an up or down vote on the official, and, on the same ballot, has a replacement vote.

I believe this change would help incumbents. It gives them an opponent to hit. However, the undeniable cost savings makes this idea a no-brainer.

3) Another piece of legislation would require a "factual" determination of the charges. The Board of Elections to determine whether the charges in the recall petition are accurate. Currently, Michigan law has a board decide whether the petition language is clear (which itself takes time), but does not have a check on factual accuracy. How they determine the facts is of course a matter of great debate. We can only say for sure one thing -- Having them decide accuracy is basically begging for lawsuits on every recall. This helps scare off challengers, and increases the cost of trying to get a recall on the ballot -- which already may be the single biggest factor in recall races.

4) Recalls would only take place in May and November. This is probably argued as a money saving measure, but this may be a big incumbent protection move. I have to delve into this year's numbers, but I believe that recalls held as a special election are much more likely to succeed. (As an aside, the law is very unclear how this would operate -- it also says that the recall should be held on the regular election before the 95th day after the petitions are submitted).

5)  There is also a proposal that the no recalls can be held in first and last six months of a term. I'm puzzled by this change, as I (and all the sources I've seen) thought this was the current law. It is certainly true that this would help incumbents.

6) Require that an incumbent facing a recall would automatically get their party's ballot line in the vote. 

Note this statement by one of the supporters. I assume he is talking about recall petitions, not actually recall races:
“In a one and a half-year time frame, we knew of 165 township officials facing recall,” said Tom Fraser of the Michigan Townships Association. “And school districts suffer the same type of situations.”

California: Oceanside recall "nearly likely"

Here

Wisconsin: Senate Majority Leader proposes changing leadership of the GAB to political appointees

Senate Majority Leader Scott Fitzgerald, who survived a recall in June, has proposed changing the Government Accountability Board, replacing the six retired judges who serve with political appointees. There doesn't seem to be any full proposal on the table, but we probably can be sure of one thing -- it will be a total disaster for voters -- either it will be seen as favoring the party in power, or (if it is like NY where the two parties share control) it will be unfair to insurgents, independents and third parties.

Unsurprisingly, the 2011 and 2012 recalls are the basis for the complaints:.

Republicans thought the board did not do enough to identify problem signatures on recall petitions, while Democrats argued the board took too long to review petitions and order recalls.

The board uses a "byzantine" process to select members, which sounds like the best way to do it:

For each opening on the board, a panel of four appeals court judges - selected at random - reviews applicants and makes recommendations. For an opening, they forward at least two names to the governor, who must then select one of them to sit on the accountability board.

India: First recall in Nagar Palika targets the Chairman

India had discussed adopting a recall before, and it seems that the state of Nagar Pailka (or Mangrol Nagar Palika) will be having an election. NP Chairman Ashok Jaim is facing a vote in his district on December 12.

They call this a public referendum to ratify a no-confidence motion. The law is the Rajasthan Municipal Act 2009. According to the article:

"this is the first occasion in the state when such an exercise is being undertaken for which the state election commission has issued a public notification."

Also:

Sources said that the councillors blamed Jain, who was elected as an independent candidate in November 2009, for under performing.

When contacted, Jain said that the allegations levelled against him were totally "politically motivated" and he was targeted because of his works in the favour of public.

Michigan: Philip Mastin, First Michigan state legislator to face recall, dies

Obituary about Philip O. Mastin Jr., who lost a recall in 1983. Mastin and another state senator were both kicked out (though the other Senator resigned).

Wisconsin: Petitioners claim that La Crosse Common Council President challenge to petitions is frivolous

Looks like the dispute over the recall of La Crosse Common Council president Audrey Kader isn't ending soon. Kader has challenged the petitions, noting that 60 percent listed a local college's student union and student mailing address as their residential address. Petitioners (a group called Restore La Crosse and apparently is led by the tea party) claim that the challenge is frivolous and that a postal address should be fine. 71 percent of the petitions were signed by students living on Viterbo.

Note that Kader, council president since 2009, won her third straight four-year term in 2011 with no opponent.

Idaho: Glenns Ferry mayor facing March 12 recall vote

Glenns Ferry Mayor JoAnn Lanham is facing a recall election slate for March 12, 2013. The recall threats apparently stated three years ago. Petitioners claim that Lanham, who is in her seventh year, lacks management and budgeting skills, and is irresponsible with taxpayer money. They also claim that she doesn't enforce city ordinances like requiring landowners to fix the sidewalks on their property.