Friday, July 15, 2016

Texas: Laredo approves charter amendment related to recall

The big one changes the signature requirement from 10% of voter turnout to 10% of registered voters.

Texas: Laredo approves charter amendment related to recall

The big one changes the signature requirement from 10% of voter turnout to 10% of registered voters.

Thursday, July 14, 2016

Oregon: Signatures verified in Lakeside Rural Fire Protection District Director

171 signatures were accepted in the recall of Director Ralph Dotson. Petitioners needed 144 and 29 others were rejected. A firefighter is the lead petitioner. The recall is expected to be held on August 16.

The Board has had a ton of trouble, including refusing to swear in Dotson.

Wednesday, July 13, 2016

Virginia: 8200 signatures dropped off against Portsmouth Mayor

Here

New Mexico: Silver School District Recall effort in front of court

The recall effort against Silver School Board President Arnold Torres, VP Tony Egan and Secretary Chris Arvidson, led by former board members Tom Law and Gerald Billings, is now going to the Judicial District Court for a hearing on whether there is sufficient cause to allow a recall (New Mexico is a malfeasance standard/judicial recall state).

There is another debate, one that we've seen before. The petitioners is claiming that they have to collect signatures from 33 1/3 of turnout in the last election (in 110 days). But the clerk and Secretary of State are claiming that they need the signatures from people who actually voted in the election -- a vastly more difficult number. However, the actual number of signatures are 45 for Torres, 22 for Egan and 18 for Arvidson.

Petitioners are also possibly going to run into some scheduling issues, as local elections are banned within 50 days of a state election.

Tuesday, July 12, 2016

California: Interview on effort against LA Councilmember

There's a graph on getting signatures in this article on the recall effort against Councilmember Paul Krekorian.

California: Editorial states that Yuba School Board needs an actual election, not a recall

Here

Virginia: Signatures handed in against Portsmouth Mayor

Over 8100 signatures were handed in for the recall of Mayor Kenny Wright. The recall would take place right around the time of Wright's reelection run. The leader of the effort, Robert Marcus, also led the recall against James Holley III in 2010 (Holley was also removed in 1987).

California: First attempt against Oakland Mayor fails

The attempt to recall Mayor Libby Schaaf failed to have the initial signatures needed to take out the petition -- they needed 24 more signatures. The group leading the effort is the "Anti-Police Terror Project." Petitioners would need over 20,000 signatures (10% of registereds) to get on the ballot. They are also calling for the Oakland police to be defunded.

Monday, July 11, 2016

Taiwan: Amendments will make recalls easier to get on the ballot

The amendment will lower the amount of supporters from 2 to 1 percent of total voters and total signatures from 13 to 10 percent. The time period to collect the signatures will be doubled and the turnout requirement (the absentee veto) will go down from 1/2 the total voters and half of the ballots in favor to a 1/4 of the total number of voters and a first past the post majority. There is also a ban on campaigning for the recall -- that is being tossed out as well.

The law is still coming under criticism by both the Total Recall group and the Appendectomy Project, which notes that the signature requirements and turnout threshold may still be too high a barrier.

Massachusetts: Petitions taken out against Ashland Board of Health members

Board of Health Member Judy Margulies is facing a recall campaign by a former school board member over complaints of a hostile environment. The issue seems to be Marguiles' complaints over the use of her e-signatures on Health Department permits. The discussion over the issue led to two police officers being station at the meeting.

Here's an op-ed of Margulies' response.

Sunday, July 10, 2016

Lousiana: Iberia Parish Sheriff recall proceeds

A great article in the Advocate by Lanie Ann Cook on the recall effort against Iberia Parish Sheriff Louis Ackal, which gives a detailed history on the recall in Louisiana. The article, which quotes me, notes that there have been 115 recall votes in Louisiana since the 1960s, and 72 officials have lost their seats. The only one in Iberia Parish took place in 1969 when a "Mrs. Roy LaBauve was kicked out as a Ward 9 juror.

Against Ackal, petitioners will need 16000 signatures.

Ackal is facing petitions over excessive force, in-custody deaths and the indictment of the sheriff, 2 employees and the conviction of nine deputies.

Ackal has also been accused of calling the federal prosecutor a "son-of-a-bitch Jew bastard" and threatening to shoot him "right between [his goddamned Jewish eyes" during a secret recording. The prosecutor is apparently was a DOJ special litigation counsel.

Public Choice article on Ballot order's impact on direct democracy results

This article by John Matsusaka examines the evidence that ballot placement matters in propositions (evidence suggest it doesn't matter, but having a lot of propositions on the ballot does make approvals less likely).

Many political practitioners believe that voters are more likely to approve propositions listed at the top than the bottom of the ballot, potentially distorting democratic decision making, and this belief influences election laws across the United States. Numerous studies have investigated ballot order effects in candidate elections, but there is little evidence for direct democracy elections, and identification of causal effects is challenging. This paper offers two strategies for identifying the effect of ballot order in proposition elections, using data from California during 1958–2014 and Texas during 1986–2015. The evidence suggests that propositions are not advantaged by being listed at the top compared to the bottom of the ballot. Approval rates are lower with more propositions on the ballot.

Wisconsin: Petitions filed against entire Paris Town Board

Signatures have been turned in against Board Chairman Virgil Gentz (293) Supervisor Ken Monson (297)and Ron Kammerzelt (296). Petitioners need 202 signatures to get on the ballot (25% of turnout for Governor). The issue is an intergovernmental agreement that would transfer 2500 acres from Paris to Somers, and have Paris pay $1.25 million to Somers as well as fund revolving loan funds.

California: Final results in for Yermo Community Service Board Recall

A new issue is cropping up, as only one person is in charge until new board members are sworn in at the next board meeting.

Alaska: Governor's veto leads to recall threats

Governor Bill Walker (I) is facing recall threats from a Republican and lawsuit threats from a Democrat over his veto of budget bill. The result of the veto is that it would limit the Permanent Fund Dividend checks to $1000. Joe Miller, who won the Republican Senate primary in 2010 only to lose to Lisa Murkowski in the general is calling for a recall.

A recall in Alaska is very difficult. It is a malfeasance standard/judicial recall state and this action would almost certainly not meet the requirements. Even if it did, petitioners would need 10% of turnout, which would be 28,585.

The Election Division reports that the only petition filed against a governor was against a member of the Alaska Independent Party, Governor Walter Hickel in 1992. That was rejected by the courts.

Colorado: South Conejos Board of Education members facing August 9 recall

Board members Melton Ruybal and Phillip Trujillo will be facing a special election on August 0. Petitioners handed in 330 signatures and needed 228.

Ohio: More on the Upper Arlington recall

More on the Upper Arlington recall fight over the use of a nickname for one of the councilmembers -- Francis "Kip" Greenhill. Upper Arlington will apparently have to pay the $63,127 cost of the recalls alone.

Washington: Clark County Councilor files petitions against three other members

Clark County councilors Julie Olson (R), Jeanne Stewart (R) and Chair Marc Boldt (No Party Preference) are facing petitions filed by Councilor Tom Mielke (R) over allegations of Open Meeting Act violations that resulted in hiring an investigator to looking into another councilor (David Madore (R)); allowing the county manager to dissolve the Environmental Services Department and award a contract for legal advertising to the Columbian.

The county is paying for the legal defenses, though the vote was 3-2, with the three members facing a recall voting in favor.

Since Washington is a malfeasance standard/judicial recall state, the petitions would have to be approved as meeting the for cause standard to get on the ballot. Petitioner would need 29901 for Stewart, 20639 for Boldt and 6097 for Olson (she was elected in a district).

Oregon: Oregon City Mayor facing petitions

Mayor Dan Holladay is facing petitions apparently because of a claim that the mayoral seat should be up for election this year. The term is up in 2018, but the petitioner (Mark Matheson, the vice chairman of the Barclay Hills Neighborhood Association), claims that Holladay's failed attempt to run for the Clackamas County Chair in May meant the seat would be vacant. Holladay claims that if he had won the office he could still remain as mayor, as it is a volunteer position.

Petitioner would need 1828 signatures (15% of governor's turnout) in 90 days.

Holladay had once pushed a recall on his own against a Clackamas commissioner, though it didn't go anywhere.

California: What's needed to get a San Francisco mayoral recall on the ballot

There's a second attempt against Mayor Ed Lee (the first was killed because it was launched during his new term grace period). The article notes that petitioners would need 47,227 signatures in 160 days and that if a recall would succeed, the president of the Board of Supervisors will be interim mayor until the board appoints a new mayor. That official would be in office until the next citywide election.

Petitioners claim to have raised $2000 for the effort so far.

Oregon: Grant County Commissioner Recall gets enough signatures

The petition against Grant County Commissioner Boyd Britton over wildlife fires and possibly his stance against the Malheur Wildlife Refuge Takeover earlier this year by supporters of Ammon Bundy is getting to the ballot. Petitioners handed in 560 signatures, they got 505 valid and needed 490. The recall is set for August 16.

Arizona: Superior Mayor indicted on felony theft; loses job as jail commander of Sheriff's office

The recall effort against Superior Mayor Jayme Valenzuela is set for August 30, and now there's some more ammunition, as he has been indicted for felony theft over misuing public funds. He has also been fired from his job as Pinal County Sheriff's jail commander.

The charges are over unauthorized town-issued bank card withdrawals, including at a casino. The town clerk was fired after revealing this info, which led to the resignation of the Town Manager and Financial Director.

The town also has an issue of a copper mine being built, which Valenzuela opposed.

California: Yuba School Board District recall misses November ballot

The recall effort against School Board President Lonetta Riley and members Steven Scriven, Paul Broughton and Fred Northern will not be on the ballot in November. The issue is the teachers' new contract. Petitioners need 6526 signatures in 125 days.

The cost is estimated to be $65,000-$80,000.

Texas: Bastrop Mayor facing petitions over alleged conflict of interest appointments; Petitioners are also trying to make recalls easier

Mayor Ken Kesselus is facing petitions over alleged ethics claims and a failure to fight for water rights led by a Austin-area activist's PAC.

The claims are focused on an appointee (a former City Council member) who recommended selling groundwater to Austin at a EDC meeting, though he didn't mention his role as a consultant for a company that does that. There are also two potential conflict of interest appointments of his employer or his wife to city agencies -- the city economic development corporation and the city construction and standards commission. There's also a complaint about an executive session being called on the city manager's resignation and arguing with city employees. There were three stories in papers and three different focuses of the recall, so this one may get complicated.

Petitioners need signatures of 25% registered voters to get on the ballot (somewhere on the other of 1241).

In addition to the recall, the petitioners are also trying to drop the signature requirement for a recall from 25% to 10%.

Montana: Meagher County Attorney facing petitions

County Attorney Kimberly Deschene is facing petitions for her prosecution of a man who beat the lead petitioner's husband in a confrontation with an angler on their ranch (the angler got 6 months on a misdemeanor charge). Montana requires a showing of cause, as it is a judicial recall/malfeasance standard state. There are also allegations that Deschene (a bar owner as well) deals very leniently with DUIs.

Petitioner needs 206 signatures in 90 days.

Friday, July 8, 2016

Texas: Windcrest Mayor Pro Tem on the recall ballot in November

Kimberly Wright will be facing a recall in November. Petitioners submitted almost 500 signatures, they got 438 and needed 391. Wright is in her first term (elected in an upset in November). She's a prominent libertarian who crossed out the US on her ballot application and IRS forms and wrote "Citizen of Texas." The precipitating issue is an ordinance banning chickens in backyards.

My CNBC op-ed on VP selection

Here

Sunday, July 3, 2016

California: Calaveras County Supervisor recall on the ballot in November

The recall against Supervisor Steve Kearney has gotten to the ballot. Petitioners handed in 1832 signatures, they needed 1245 (the clerk stopped counting after 1255 valids). The recall is over the support for an asphalt plant.

Louisiana: Iberia Parish Sheriff facing recall effort

Petitioners have begun a recall effort against Sheriff Louis Ackal over federal civil rights charges over the alleged mistreatment of prisoners. Petitioners would need about 16,000 signatures in 180 days.

California: LA Times editorial against Judge Persky recall

Here:

That leaves the voters. But if we argue, as we do, that voters should not oust a judge because of a single ruling, what should they do? There is already too little information for voters to make informed decisions on judicial elections, so it would be asking a lot to expect them to identify the judges who repeatedly make bad decisions and target them for removal.
Critics of judicial elections call for California to adopt a federal-type system of lifetime appointments, but it’s hard for us to see state lawmakers as similar in stature or ability to the U.S. Senate, which confirms federal judicial appointees. In the tug-of-war between judges’ independence and accountability, though, it’s also increasingly difficult to muster the arguments for continuing to elect them.

California: Signatures gathered in Paradise Irrigation District recall effort

Proponents claim to have over 3700 signatures in the attempt to recall Paradise Irrigation District Directors Larry Duncan and Sep Carola, though they missed the June 17 date needed to get the recall on the November ballots. Petitioners need 3203 signatures and were waiting to get more before handing it in.

The district is estimating the difference in cost between an election held on Election Day and a Special Election as up to 10 times the price ($3,000 to $6,000 cost for an election day one per candidate; $30,000-$50,000 for a special election, though that would include both candidates).

The issue is public input to a water rate increase.

Friday, July 1, 2016

Michigan: AMI story on Michigan Governor recall efforts

Here's an AMI story on the difficulty in getting a recall against the Michigan Governor on the ballot. I am quoted in the piece.

Idaho: Canyon County Commissioner facing petition; editorial opposes recall

Petitions against Canyon County Commissioner Steve Rule have been started. Petitioners need 16,300 signatures, plus they would need to his reelection total from 2014 -- so they need 30,738 people to vote to remove him.

The issue was Rule's vote on a jail expansion.

The Idaho Press-Tribune, which has been highly critical of Rule, criticizes the recall effort, stating the usual comment that "recalls should only be used when public officials violate the law or commit serious ethical breaches or acts of gross negligence..."

Colorado: Salida mayor and council facing recall threats

Salida Mayor Jim Dickson and some members of the city council are facing recall threats by a recently removed Salida Natural Resource Center Development Corporation Board member Ray Kitson.

Kansas: Franklin County Commissioner facing recall threats over absences

Commissioner Steve Harris (R) is facing a recall over his repeated absences from meetings since he took a new job in April. They would need about 40% of turnout -- about 460 signatures.

North Carolina: Tobaccoville Recall bill headed to the governor

The bill passed the Senate and the House.

Texas: Signatures collected against Windcrest Mayor Pro Tem

Almost 500 signatures have been collected to recall Mayor Pro Tem Kim Wright (elected last year). A former council man led the effort over Wright's position favoring property rights. Petitioners need 391 signatures.

California: Signatures handed in against Calaveras County Supervisor

Signatures were handed in against Supervisor Steve Kearney. Petitioners need 1245 to get on the ballot over his vote to allow an asphalt plant.

Oregon: Signatures handed in against Grant County Commissioner

Petitioners have handed in 560 signatures against Grant County Commissioner Boyd Britton. They need 490 valids. They claim that the issue is a failure to investigate a wildfire last year that destroyed homes, though the Malheur Wildlife Refuge takeover appears to be a big motivating factor.

Ohio: Upper Arlington Councilman looks to strike recall off ballot due to use of his nickname

This one is interesting -- the petitions filed against council Kip Greenhill are being challenged by Greenhill because his real name is Francis. The petitions are still being reviewed.


Texas: Interview with El Paso Pastor on $450,000 judgment against him over failed mayoral recall

Here

Virginia: Opinion column disputing idea of recall next to a general election in Portsmouth

This piece is really on point for any discussion of grace periods -- essentially Mayor Kenny Wright could face a recall, lose and then regain the office due to the general election in November.

Tuesday, June 28, 2016

Oregon: Harney County Judge survives recall over National Wildlife Refuge takeover; Signatures handed in for Commissioner

Harney County Judge Steve Grasty (the judge chairs the three person county commission) easily survived his recall, getting 70% of the vote. This recall was over the takeover of Malheur National Wildlife Refuge by supporters of Ammon Bundy.

Grasty's term runs out in January.

Petitioners have also looked to recall Commissioner Boyd Britton over similar issues (and some other claims). Petitioners handed in 567 signatures and they need 490 valids.

Monday, June 27, 2016

Venezuela: Opposition claims they are ready to start major signature gathering effort

It sounds like there will be a big delaying action. The government has only validated 400,000 signatures from the first round -- many more than needed, but a bad sign to how they will behave for the second round of 4 million signatures.

Kenya: Recall law up to the court

Kenya's recall law is going up to their Supreme Court, with a three judge panel hearing the challenge to the law allowing recalls against MPs and Senators.

Texas: Signatures collected in Windcrest Mayor Pro Tem recall

Mayor Pro Tem Kimberly Wright is facing a potential recall over allegations that she lied about the allocation of city funds and has passed ordinances that bans the raising of chickens in backyards, refused to say the pledge of allegiance and denied being a US citizen. Those last two are definitely different. School issues seem to be playing a big role as well.

Petitioners claims to have more than 400 signatures in a week.

Oregon: Recall of Harney County Judge over Bundy occupation set for tomorrow

Harney County Judge Steve Grasty is facing a recall vote tomorrow over his position on the takeover of a federal wildlife refuge center that ended in February by supporters of Ammon Bundy.. Grasty (who is not a judge but an administrative officer) will be retiring in December regardless.

Sunday, June 26, 2016

Georgia: Holly Springs Councilwoman facing petitions

Dee Phillips is facing a recall threat -- unfortunately, I can't read the article behind the paywall. Hopefully, there will be more info soon.

California: San Diego putting changes to removal process on the ballot

San Diego is finally changing their removal law, three years after Mayor Bob Filner was kicked out of office.

The rules will allow the city council to put a removal vote against the mayor and city attorney on the ballot with a no confidence vote. They also allow removal for conviction and suspensions for being criminally charged.

The council is scheduled to debate debate this in July and put it on the November ballot.

Colorado: Five Platte Canyon School Board members facing petitions

All five Platte Canyon School Board Members, Chet Lawrence, Katie Spodyak, Katy Davis, Susan Carpenter and Jon DeStefano, are facing petitions  over the non-renewal of a middle school principal and ACT scores, graduate rates, management and questions about water quality and emergency exits. Three of the board members are up for reelection next year.

Petitioners need 650 signatures by August 21 to be on the November ballot. The school board has not had a contested election since 2009.

Montana: Libby Editor resigns after revelation that he helped draft Mayoral recall petition

The recall effort against Mayor Doug Roll has taken a new twist. The editor of the Western News, Bob Henline, reportedly helped draft the recall petition against the mayor. Two petitions were rejected (Montana is a judicial recall/malfeasance standard state and the petition requires a specific legal cause to go forward), but a third one was accepted on June 17. Petitioners need 329 signatures in 90 days.

The issues cited in the final petition against Roll include an alleged refusal to follow the city council in scheduling meetings and listing items on the agenda as well as executing a contract for a city attorney without approval of the council.

Henline joined the paper in October 2014 and covered city government.

Friday, June 24, 2016

Ballotpedia sees rises in recalls in 2016

Ballotpedia's mid-year report is out and they are seeing a big rise in recalls. This shouldn't be a surprise -- 2012 is the year that has the most recalls since I've been tracking, so it could be that recalls see an increase in presidential election years.

Ohio: East Cleveland Councilman survives second recall attempt in less than a year

City Council President Thomas Wheeler survived his second recall attempt, winning about 52%. There were 267 votes cast -- about 6.9% of the vote. Wheeler is facing a recall due to his support for a move to merge East Cleveland into Cleveland.

California: Polls show big support for Judge Persky's removal

Here

Colorado: Aurora School Board Member facing recall and resignation calls over fabricated information

Aurora School Board Member Eric Nelson, who is running for a state House seat, is being pushed to resign and facing recall threats after it was revealed that he fabricated college degrees, embellished his military record, downplayed his criminal history and missed child support payments. Nelson is running in the Democratic Primary for the House.

Here's an editor at the Aurora Sentinel calling for his recall.

Virginia: Portsmouth recall attempt moves forward

Petitioners claim to have 8108 signatures for the recall of Mayor Kenny Wright. They need 7776 (they won't be submitting until July 12). The petitioner also led the effort against Mayor James Holley III, who Wright beat in 2010.

Wright is also running for reelection in November.

North Carolina: Tobaccoville's recall law advances in Senate

Tobaccoville's proposed recall law passed a Senate committee. It has already been passed by the House. The precipitating event was the resignation and then the taking back the resignation of Mayor Bill McHone in January.

Oregon: Central Oregon Coast Fire and Rescue District Board Chair resigns

Board Chair Ray Woodruff resigned following the certification of a recall petition signed by 260 voters. The issue was the sale of fire ambulances.

Virginia:Norfolk Recall Trial makes the ballot

We are now going to get a chance to see a recall trial in action, as petitioners have met the signature requirement to put a recall against Norfolk Treasurer Anthony Burfoot on the ballot. Petitioners got 4670 signatures, they needed 4656. Petitioner handed in about 6500 signatures. No date has been set for the trial.

Burfoot (elected in 2013) has been indicted for kickbacks when he was a councilman. Retired Circuit Judge James D'Alton will preside.

Minnesota: Willmar Council approves recall amendments on payment for recalls

Willmar's council, which had some failed recall attempts, clarified the recall law, now holding that the city is not responsible for costs of a recall committee and a member of recall committee cannot be reimbursed for the service.

Washington: Garfield Mayor recall rejected by judge

The recall attempt against Mayor Ray McCown was squashed by Whitman County Judge Dave Frazier, with the judge holding that the recall lacks evidence and doesn't meet the requirements.

Tuesday, June 21, 2016

UK: Isle of Man/Tynwald MHK calls for recall law

Here

Ohio: East Cleveland Councilman facing second recall in seven months

Council President Thomas Wheller, who survived a December 8 recall that saw 7% of voters turnout out, is facing another one today, with results to be announced on July 8. Wheeler keeps facing trouble over his efforts to merge East Cleveland with Cleveland itself.

This is a rare recall. Most jurisdictions ban multiple recall votes in one term. You only get one bite of that apple.

Tennessee: State Senator looking into recall law

Following the federal indictment of Murfreesboro Sheriff Robert Arnold over charges of profiting from the sale of JailCigs (and e-cigarette business), State Senator Bill Ketron is looking into laws that would allow for removal of officials facing charges. Commissioner Robert Peavy Jr. noted that a recall law would make that possible.

New Mexico: Eldorado Community Improvement Association looking at recall over sign removal

Homeowner association board member Claudia Daigle is facing recall petitions for removing a political sign from private property. Daigle claimed that the sign was put up too early. Petitioners need 416 signatures. There are also issues of raising chickens on the property.

Virginia: Five Challengers in Portsmouth Mayor race

Portsmouth Mayor Kenny Wright, who won office in a recall and now may be removed in one, is facing five challengers.

Oregon: Statesman Journal editorial misses the point of recalls

Another day, another editorial claiming that: "Recall is an important right for Oregon voters. But it should be reserved for egregious situations, not personal or political differences."

Obviously, the Statesman Journal has a strong dispute with Oregon's actual law, which very specifically says no such thing.

California: Moreno Valley Councilwoman refuses to resign over past embezzlement conviction

More trouble in Moreno Valley, as Councilwoman LaDonna Jempson is facing a push for her resignation or recall over a decades old conviction. Jempson was charged with theft at a bank she worked at in 1982. She fled from San Francisco to Alaska and returned. In 1991, she turned herself in and was spent 45 days in prison.

The complaint is that Jempson did not disclose this information during her election over former Councilwoman Victoria Baca in a recall two years ago.

Colorado: No fraud in Castle Rock Councilmember recall signatures

The District Attorney has rejected Councilmember Renne Valentine's claim petitioners had fraudulently obtained signatures in the recall effort against her. The District Attorney independently verified the signatures with the signers. The recall is set for November 8. Petitioners got 273 signatures, they needed 268.

Of note is that Valentine's attorney was Scott Gessler, former Colorado Secretary of State and candidate for Governor (he lost in the 2014 Republican primary), who has been a controversial leader of the arguments that the country is overwhelmed by voter fraud.

The petitioners took note of Gessler's role in the attack:
"The way that Renee Valentine publicly sullied the reputations and questioned the integrity of myself and my fellow petitioners is unconscionable," Fienen said. "While we knew her allegations that we committed fraud were baseless, we feel vindicated that the district attorney's office found her accusations to be wholly and completely untrue." 
"What Valentine and Gessler did was a political stunt - a political dirty trick that didn't work," said Brooks, referring to Scott Gessler, Valentine's attorney.

Wisconsin: Petitioners claim they have the signatures for Sevastopol School Board Recall

Petitioners have claimed that they have enough signatures to get school board members Sue Todey and Bill Behme on the ballot over their vote to not offer a new contract to an elementary school principal. There was a previous failed attempt to recall school board member Jay Zahn and Jane Luebker.

Petitioners need 743 signatures. They have 829 and 824 unverified. They now have to hand them in.

American Thinker article touting Presidential Recall law

The article notes the 1951 proposed constitutional amendment which would have put in a recall law for president (it was proposed by New Jersey Senator Robert Hendrickson (R)). The Hendrickson recall was a mix of legislative and popular vote -- they needed 2/3rds of the state legislature to ask for a recall (no signatures required) and the Speaker would complete the term.

Monday, June 20, 2016

Venezuela: 600,000 signatures rejected, including from the former opposition presidential candidate

Venezuela has rejected more than 600,000 of the two million signatures, among them the two-time presidential candidate Henrique Capriles. This after a week of numerous food riots.

Nigeria: Three House of Representative members facing recall threats over prostitution scandal

Three members of Nigerian House of Representatives, Mohammed Gololo, Samuel Ikon and Mark Gbilah, are facing calls for their resignations or recall after they were accused of soliciting prostitutes in Cleveland.

California: Petitioners claim they have $90k raised for Persky recall

Here -- this piece by NBC News' Phil Helsel is very comprehensive and mentions some of the famed recall of judge events over the year, such as the O.J. Simpson judge and the Prop 8 judge, none of which got on the ballot.

Montana: Libby Mayor recall petitions start

After a rejection on being too broad, petitioners have gotten approval for a recall attempt against Libby Mayor Doug Roll. Petitioners need 329 signatures. Roll is accused of meeting the city attorney without the council's consent, though an earlier attempt focused on his suit to get an opponent kicked off the ballot.

Ohio: Upper Arlington signatures handed in

Petitioners have filed signatures against Council President Deborah Johnson, Councilmen David Decapua, Kip Greenhill and John Adams (4 of 7 members of the council). The issue is the $7 million renovation of Northam Park as well as an increase in the city's income tax. being used to fund the park redevelopment.

Petitioners need 2273 signatures, they claim they have over 3,000. The special will cost at least $63,000.

Montana: Whitehall Mayor and council recall has enough signature for August 16 vote

Petitioners handed in enough signatures to get a recall against Whitehall Mayor Dale Davis and Council President Joe Adams, Aldermen Gary Hosman, Tom Jenkin and Vincent Keogh. The claim is that the mayor and majority of the council (two members are not facing a recall) violated the open meeting law over a vote to dispatch the Whitehall ambulance to all fire calls. The two council members who weren't at the meeting are associated with a private ambulance.

The recall is scheduled for August 16, though the elected officials could challenge the vote. Montana is judicial recall/malfeasance standard state and requires a showing of cause. If the event wasn't a violation, then it is likely no recall can be held.

If it is a mail-in vote it will cost $1600, but if it is an in-person ballot it will be $10,000.

Friday, June 17, 2016

California: My op-ed on the difficulties of the Recall of a Judge

The San Jose Mercury News just ran my op-ed on the recall efforts against Santa Clara Superior Court Judge Aaron Persky over his sentencing of a Stanford University swimmer to a six month jail term for rape. My op-ed (which I don't get to headline) is about how difficult and unusual recalls of judges are. It also touches on the fact that the recall of judges (and judicial decisions) is hotly contested issue in the early history of the recall. What the op-ed isn't about (despite the headline, is that a recall is almost impossible or futile). It's just very difficult due to one very critical factor. I've already discussed this story in-depth, but let's look at some of the issues again.

First, let's define our terms: I call this subject the recall of a judge, rather than judicial recall. In the history and the literature the term Judicial Recall refers to something totally different (what I call the malfeasance standard or for cause recalls). A judicial recall occurs in states and jurisdictions where a judge is required to rule on whether a recall meets a specific standard to get on the ballot. Essentially, the official has to have violated the law or shown demonstrable incompetence for the recall to be placed on the ballot. It has nothing to do with removing judges. I keep this divide up so as not to confuse people who may be conversant or studying the literature.

The recall will require a ton of signatures about 59000 valids, though I believe that may be in dispute. That is a big challenge, but with a motivated base, it is probably not impossible. The fact that someone is willing to back the effort and that Stanford law professors are leading the charge (and can presumably handle the legal work pro bono) is a couple of big pluses in favor of the recall effort.

The bigger problem is what I would call the "grace period." Due to incredible timing, Persky is up for reelection in November. This has a double impact. 1) He cannot face a recall in the last six months of his term, 2) Petitions cannot be started on his new term until he is in office and those petitions cannot be started until he is in office for 3 months. So the petitioners will have to wait until April to even start. We've seen this exact grace period event happen to Portland Mayor Sam Adams. That recall went nowhere. That doesn't mean it can't happen. It just

The other big point is that recalls of judges almost never happen. The last to get to a vote was in Wisconsin 1982, the last successful one was in 1977. In California, the last recall of a Superior Court Judge was in 1932. There were only a few before then, notably one in 1913 that was over similar leniency in sex crimes. (Leniency in sex crimes are a very popular recall issue -- the 1982 and 1977 were both over that issue as well. There have been discussion in Orange County and in Montana of recalls over that issue).

The other problem here is that recalling judges has always been controversial. The recall of judges and judicial decision was a key flash point in the Taft-Roosevelt split in 1912.

None of this means that a recall cannot work. But the grace period, tied in with the sheer amount of signatures and the usual hesitancy in recalling judges makes this a serious challenge for petitioners.

Venezuela: My op-ed in Foreign Affairs on the challenges facing the Presidential recall

Here is my article on the difficulties that the opposition will face in recalling President Nicolas Maduro. Much of the article is about the recent history and use of the recall across the globe, but here's a some key points about Venezuela in particular:

  • The country has two turnout requirements -- the votes against Maduro must top his 7,587,579 that he received in his last election and 25% of registered voters must come out to vote (the second is not really an issue in this recall).
  • Turnout requirements (I like to think of them as an absentee veto) are unusual in the US, but not elsewhere. Romanian President Traian Basescu survived two recalls based on the turnout hurdle. 
  • Maduro's best bet may be to suppress the vote -- he could push his supporters not to show up, he could make voting hard (we've seen this a lot in the US) or his supporters could take a more aggressive stance, like rioting, which may drive down turnout.
  • If the recall is held in 2017, Maduro's successor will be his VP. This is not that unusual a provision. Oregon doesn't have a replacement vote either and neither does Michigan's Governor. Of course, Venezuela only has a very short window for a recall to take place (basically just one year). Maduro has numerous options to try and delay the vote. We see this type of behavior all the time in the US. It would definitely not be a surprise if Maduro is successful in pushing off the recall till 2017.

Review of Democracy for Realists

Here's Thomas Mann's look at the new book on the challenges of democracy

Thursday, June 16, 2016

California: Round-up of Stories on Santa Clara Judge recall

Here's a piece in the Daily Caller on the leaders of the recall effort; Here's Erwin Chemerinsky opposing the recall in the SJ Mercury News (which has an op-ed of mine in the hopper for the last week or so) and here's Jennifer Hagan calling for him to resign; and this detailed op-ed by Estelle Freedman on two sexual assault recalls of judges (The Wisconsin Judge Archie Simonson one from 1977 I've dealt with in depth before).

The first one is interesting -- the 1913 recall of San Francisco Police Court Justice Charles Weller. Weller was known for setting very low bail for rape (and notably statutory rape) defendants, allowing them to skip town. According to Bird & Ryan, Weller lost 30,784-29,934.

North Carolina: Cornelius Mayor facing threats of recall -- if they have the law

Cornelius Mayor Chuck Travis is facing calls to resign after taking a trip to the state capital with Davidson Mayor John Woods to lobby for a toll lane on 1-77. The town council opposes this law, and the town council had a no confidence vote for Travis. The city is looking into whether a recall can be held.


California: LA Times doesn't come down on a side in recall of Santa Clara judge

The position seems to be that we shouldn't elect judges in the first place.

Venezuela: Interview with opposition leader

Here

Oregon: Signatures approved against two Gardiner Sanitary District Board Members

Petitions were handed in against Board members Richard Nored and Susanna Noordhoff by former board member Mack Holman over conducting business in private and overcharging him for copies of board emails. He needed 13 signatures and handed in 22. There are only 121 voters in the district. The election is July 19.

Arizona: Superior Mayor recall effort moving forward

Mayor Jayme Valenzuela is currently on leave for stress after being facing charges of making cash withdrawals on the town debit card at a casino.

Valenzuela took office after Mayor Michael Hing was removed in 2011.

Virginia: Norfolk Treasurer recall effort 462 signatures short

The effort against Norfolk Treasurer Anthony Burfoot (D) is 462 signatures short at the moment -- this is for a recall trial, rather than a recall vote. Petitioners are still looking out for more signatures. Burfoot was indicted over bribery and kickback charges.

The petitioners handed in over 6000 signatures and need 4656. However, only 4194 have been verified -- many of the others had no date and other issues.

Nevada: More about extortion case against GOP adviser in failed Senate President recall effort

Here

Michigan: New Buffalo Mayor and Mayor Pro-Tem facing petitions

New Buffalo Mayor Lou O'Donnell and Mayor Pro-Tem John Peterson petitions have been approved, now they have to get signatures.

California: Yermo Community Service Board President, VP removed, third director resigns

Following the removal of President Bob Smith and VP Berner, Director David Jensen resigned from the board. The board will only have one seat filled.

Oregon: Senate President Recall fails

The effort to recall Oregon State Senate President Peter Courtney failed, with petitioners not handing in any signatures. They needed 4533.

Colorado: Interview with former Senate President John Morse

Here's an interview with Morse about his recall for his support for gun control efforts.

California: Second Los Banos School Board member facing recall

17-year School Board Member Dennis Areias is facing a recall effort -- he had an effort dropped three years ago. John Mueller's recall is set for August 23.

The issue for Areias' recall is construction projects, academic scores and a "perceived lack of respect."

Colorado: Castle Rock recall on the ballot

Councilmember Renee Valentine will be on the ballot on November 8. Her case against the recall is still be examined. Mayor Paul Donahue's recall will be on the July 26 ballot. His term is up at the end of the year.

Friday, June 10, 2016

New Jersey: Lopatcong Township Mayoral recall fails

The effort to recall Mayor Tom McKay failed. Petitioners handed in 1274 signatures on May 26, 1104 were valid. They needed 1466. There was actually a debate on the deadline for signatures, but now that's moot.  The issue included the mayor's censure over harassment allegations by a town clerk. You can read his discussion of the issues, which focuses on the "machine" opposing him and his supporters.


Alaska: North Slope Borough Mayor replacement race to close to call; possible runoff with brother-in-law of ousted mayor in second

The replacement race for North Slope Borough Mayor Charlotte Brower, who lost her seat on April 5 due to questions on her spending (notably paying for a trip to basketball camp in California for her grandkids), doesn't have a decisive victor, but Brower herself came in sixth.

The race requires the winner to get 40% of the vote. There were seven candidates and the leader has 32%, so we should have a runoff. The former borough mayor George Ahmaogak Sr. came in first. Second is Harry Brower Jr., Charlotte Brower's brother-in-law. Charlotte Brower came in sixth (she got 40 votes) and seventh was her cousin.

California: San Bernardino Councilman recall over marijuana regulation fails

No signatures were handed in against San Bernardino Councilman Fred Shorett. The issue was regulation of marijuana, with the lead petitioner trying to promote his own plan to marijuana regulation.

Colorado: Councilmember claims signatures look suspicious in Castle Rock scheduled for November

Castle Rock Town Councilmember Renee Valentine is trying to get the DA to investigate the signatures handed in for in her recall scheduled for November, as she claims that they look different. Valentine handed in 300 signatures, 273 were valid, and 268 were needed (the Mayor is also facing a recall, both over growth policies). The petitioners claim Valentine is simply trying to change the subject and is on the verge of slanderous behavior.