Who Will Be the Next Victim of the Grand Bounce? A nonpartisan, nonjudgmental look at the “Hair-Trigger” Form of Government
Monday, March 25, 2019
UK: Conservative MP facing recall effort over false expense claim
MP Chris Davies has admitted to making a false expense claim for £700 worth of photographs and was convicted on Friday. The House of Commons speaker has asked for petitions to be allowed for signing. Petitioners would need about 5300 valid signatures.
Sunday, March 24, 2019
Pennsylvania: State Representative pushing for recall law
State Representative Jared Solomon (D) is proposing a recall law for the state after City Councilman Bobby Henon, who was indicted on bribery, fraud and conspiracy charges, will have an unopposed route to the Democratic nomination in May.
Philadelphia use to have a recall law, but it was ruled unconstitutional by the state Supreme Court.
Philadelphia use to have a recall law, but it was ruled unconstitutional by the state Supreme Court.
Colorado: Two Groups trying to Recall Democratic Governor
Two groups are trying to recall Governor Jared Polis (D), with the issues cited as his support for the National Popular Vote law, gun control legislation and the oil and gas law.
Petitioners would need 631,226 signatures in 60 days. So far, the state GOP is not backing the push. The recall can't start until Polis has been in office for six months.
Petitioners would need 631,226 signatures in 60 days. So far, the state GOP is not backing the push. The recall can't start until Polis has been in office for six months.
Arizona: Foothill Community Association HOA President and two members facing recall effort
Board President William Fautsch and newly appointed members Gary Walker and Mark Moskal are facing recall efforts. Petitioners may need about 440 signatures (10% of the 4100 homeowners and 300 businesses). Among the issues is a claim that Fautsch (who has been president for 12 years) doesn't live in the community (he rents out his apartments).
Update: There is an upcoming vote.
Update: There is an upcoming vote.
North Carolina: Chapel Hill-Carrboro School Board recall suspended after chairwoman resigns
Following the resignation of Chairwoman Margaret Samuels, petitioners have suspended the recall attempt against Board Members James Barrett and Pat Heinrich over a decision to make one existing school a Mandarin language magnet school.
If petitioners get back into the fight, they would need 10% of turnout in 30 days to get on the ballot. The recall would be filled by appointment and all three are up for reelection in the fall (one is running for state school superintendent in 2020 instead).
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
If petitioners get back into the fight, they would need 10% of turnout in 30 days to get on the ballot. The recall would be filled by appointment and all three are up for reelection in the fall (one is running for state school superintendent in 2020 instead).
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
Arizona: Supreme Court kills Phoenix City Councilman recall
The Supreme Court upheld a decision which stopped the recall of Phoenix City Councilman Michael Nowakowski (D). The recall had been set for May 21. Nowakowski's sister filed the suit claiming that the PAC missed three requirements in submitting the petitions (attaching official city documents to each petition sheet alongside a serial number and time and date stamp).
The recall is over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.
The recall is over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.
Maine: Two recall dates have been set for three Ogunquit Selectmen
Two recall dates have been scheduled against Selectmen Madeline Mooney, Charles Waite III and Robert Winn, as the board approved the dates of April 30th and May 9th. The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief.
There is still a court case trying to throw the recall out based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident (courts have held that petitioners do not have to be a resident to be allowed to collect signatures). Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
There is still a court case trying to throw the recall out based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident (courts have held that petitioners do not have to be a resident to be allowed to collect signatures). Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
Colorado: Third Democratic state legislator facing recall effort
Representative Rochelle Galindo is facing a recall effort, which has the involvement of former Weld County GOP Chairwoman Stacey Kjeldgaard. Galindo won with over 53% of the vote in 2018.
Senator Jeff Bridges and Representative Med Froelich are also facing recall efforts. Petitioners need 5696 signatures. They have won the district since 2002.
Senator Jeff Bridges and Representative Med Froelich are also facing recall efforts. Petitioners need 5696 signatures. They have won the district since 2002.
Massachusetts: Judge throws out attempt to stop certification of Fall River Mayor replacement race victory
A Superior Court Judge Thomas Perrino tossed out an attempt to stop the approval of the replacement vote that put Mayor Jasiel Correira back in office. Correia lost a recall vote, but won the replacement race. The judge noted that the charter commission "'removed express wording that allowed the subject of a recall election to be reelected' but they did not expressly forbid it."
Rhode Island: Narragansett Town Council allows recall law to be voted on in 2020
Narragansett Town Council has approved a question allowing a recall law to be voted on in 2020. The impetus was a failure to approve a new library.
The law would require signatures from 25% of turnout in the last election in 60 days in order to get a recall on the ballot.
The law would require signatures from 25% of turnout in the last election in 60 days in order to get a recall on the ballot.
Idaho: Governors appoints replacement to Dalton Gardens council
The Governor appointed one new member to the Dalton Gardens City Council -- Tyler Dreschel, folloing the recall of three council members Mayor Steve Roberge and Councilmembers Joe Myers and Denise Lundy.
Because the recall removed a majority of the council, the Governor had to appoint one council member. After the council member is appointed and they get a quorum, the council will appoint the fourth member and the mayor.
Because the recall removed a majority of the council, the Governor had to appoint one council member. After the council member is appointed and they get a quorum, the council will appoint the fourth member and the mayor.
Sunday, March 17, 2019
Missouri: Terre Du Luc Association Board members facing recall
President Dave Ruble and members Bob Brown and Gary Keithly are facing a recall vote over a meeting to fire the General Manager and remove the position. The recall, which had 160 signatures, argues that the meeting that took place without enough notice to all other directors (one was missing). There are apparently 2800 votes in the development.
Massachusetts: Continued fall out from Fall River recall
Here's a push for ranked choice voting and here's a comparison with Brexit.
Idaho: Elk River Mayor survives recall vote
Mayor Dave Brown survived a recall vote 44-21. The recall claimed to be over accusations of public drunkeness, misuse of city equipment and failing to respond to public safety issues, though Brown said it was over opposition to an all-terrain vehicle fun run. Petitioners needed at least 32 votes (a larger majority than the last election victory) to have the recall count.
Turnout was over 80%.
Turnout was over 80%.
Florida: Madeira Beach Commissioner who survived recall fight wins reelection
Commissioner John Douthirt, who faced a recall attempt in 2018 that was dismissed by the courts, won his reelection race.
Texas: Killeen Councilwoman loses court case over
Councilwoman Debbie Nash-King was ordered to pay $5800 in court costs and attorney 's fees and a $1500 sanction after her lawsuit seeking a temporary restraining order and injunction to stop a petition filed by three people, including Mellisa Brown (who is running against Nash-King in the election on May 4). Brown tried to get a recall against Nash-King, but did not get the signatures.
Colorado: Signatures handed in against Three Cripple Creek-Victory School District Board Members
Petitioners handed in enough signatures to force a recall against Board President Timothy Braun, Treasurer Dennis Jones and Secretary Tonya Martin over claims of violation of the open record act and possibly a suspension of the superintendent.
Petitioners needed 400 signatures by March 11. They got 444 for Braun, 435 for Jones and 423 for Martin. If they don't get enough signatures, petitioners have another 15 days to get more signatures.
One of the leader was a former Head Start director who lost to Jones by 30 votes in November 2017. A recall would cost about $8500.
Petitioners needed 400 signatures by March 11. They got 444 for Braun, 435 for Jones and 423 for Martin. If they don't get enough signatures, petitioners have another 15 days to get more signatures.
One of the leader was a former Head Start director who lost to Jones by 30 votes in November 2017. A recall would cost about $8500.
Maine: Signatures handed in against Greenwood Selectman
Signatures have been verified against Selectman Arnold Jordan. Petitioners got 43 signatures and needed 41. Petition did not list a reason for the recall
Saturday, March 16, 2019
Idaho: Split decision in recall vote, as Dalton Gardens Mayor and two Councilmembers kicked out; two survive
Mayor Steve Roberge (533-461) and Councilmembers Joe Myers (511-479) and Denise Lundy (508-478) lost their seats. Councilmembers Jamie Smith (479-512) and Scott Jordan (463-526) retained their seats. The votes needed to be more than the officials received in their last election -- all of them easily surpassed these totals (which were between 418-110).
The recall was over a proposal to build homes on back area land. Petitioners need between 110-418 signatures to get on the ballot. Turnout was over 60% (which is supposedly much more than the 15% that usually come out for a Spring vote).
Because the recall removed a majority of the council, the Governor will appoint one council member. After the council member is appointed and they get a quorum, the council will appoint the fourth member and the mayor.
The recall was over a proposal to build homes on back area land. Petitioners need between 110-418 signatures to get on the ballot. Turnout was over 60% (which is supposedly much more than the 15% that usually come out for a Spring vote).
Because the recall removed a majority of the council, the Governor will appoint one council member. After the council member is appointed and they get a quorum, the council will appoint the fourth member and the mayor.
Wisconsin: Merrill Council President and Aldermen facing petitions
Council President Rob Norton and Aldermen Paul Russell, John VanLieshout, Dave Sukow and Tim Meehean are all facing petitions following confusion over a property tax rate increase which was higher than expected (which seems to have been done due to a calculating error).
Update: Signatures were handed in. Petitioners need between 109-134 to get on the ballot.
Update: Signatures were handed in. Petitioners need between 109-134 to get on the ballot.
North Dakota: Arnegard Mayor survives recall vote in recall rerun
Mayor Virginia Elliot survived her recall vote against former Mayor Jeff Kindel, 63-47. Elliot, who has been on the council for more than 20 years and was previously mayor, beat Elliot in June 35-31. The recall claimed that Elliot committed nepotism by hiring her son's construction company. There is also a claim that she is facing an investigation into mail fraud.
Washington, DC: Council member facing recall threat over federal probe into his business
Council Member Jack Evans (D) is facing a recall push over a probe into financial dealings. Adam Eidinger, who has previously worked with Evans on marijuana decriminalization, said he will file this week. He need approximately 5200 signatures (10% of registereds in 180 days). Evans has been in office for 28 years.
Idaho: Kamiah Councilors recall scheduled for May 21
The recall of Councilors Paul Schlader, Glen Hibbs and Dan Millward has made the ballot and was scheduled for May 21. Petitioners needed 109 signatures and apparently got 110. The recall was led by former city councilor Henry Bailey. The issue is a claim that the members are trying to undermine the mayor and micromanage employees.
The recall has a separate provision where the votes to remove must equal the number of votes the councilors received in the election. For Hibbs it is 170, Schlader, 98 and Milward 161.
The recall has a separate provision where the votes to remove must equal the number of votes the councilors received in the election. For Hibbs it is 170, Schlader, 98 and Milward 161.
Update: The recall was tossed out after the clerk found that not enough signatures were handed in and there was no provision for an extra period to collect.
Mexico: Constitutional Amendment to require a presidential recall halfway through term passes lower house
Mexico is moving forward with its plan to adopt a recall election for President, as President Andres Manuel Lopez Obrador says the law would require him to face a recall vote halfway through his term. Obrador originally proposed a recall every two years.
Obrador is disputing the claim that he is trying to use these changes as a way to seek a second term (Mexico limits presidents to a single six year term). The law passed the lower house, but Obrador's supporters do not appear to have the 2/3rds vote needed to get a constitutional amendment passed.
Obrador is disputing the claim that he is trying to use these changes as a way to seek a second term (Mexico limits presidents to a single six year term). The law passed the lower house, but Obrador's supporters do not appear to have the 2/3rds vote needed to get a constitutional amendment passed.
Massachusetts: Fall River Councilman looking for different method to remove Mayor who lost recall, won replacement seat
After losing Mayor Jasiel Correira lost a recall vote this week, but winning the replacement race, the City Councilor Shawn Cadime is pushing to find a different method to remove Correia. Following the election, Correia is being accused of removing two people who ran against him in the replacement race, School Committee Vice Chairman Mark Costa and School Committee member Paul Coogan.
Cadime claims that the Home Rule Charter gives that if there are seven votes to remove by the City Council, the Council President would become acting mayor. It sounds like the City Attorney disagrees with this interpretation.
Cadime claims that the Home Rule Charter gives that if there are seven votes to remove by the City Council, the Council President would become acting mayor. It sounds like the City Attorney disagrees with this interpretation.
Idaho: Sugar City Mayor and Councilman survive recall vote
Mayor David Ogden (290-177) and Councilman Brent Barrus (294-167) survived their recall votes on March 12 in a battle over the legal costs for rezoning of property that may result in new apartments and is the cause of a significant battle in town.
Turnout was 52.5% of which 60% were absentee ballots.
Turnout was 52.5% of which 60% were absentee ballots.
Wednesday, March 13, 2019
Massachusetts: Fall River Mayor loses recall race, but wins replacement election to remain in office
Big development in Fall River. Mayor Jasiel F. Correia II (D), who is under indictment for stealing from investors and tax fraud, lost the recall run overwhelmingly, 7829-4911. However, Massachusetts allows a candidate facing a recall to run in the replacement race (not that uncommon a provision). In this case, Correia was one of five candidates. He came in first with about 35% of the vote, beating out City Councilor Joseph Camara, School Committee member Paul Coogan, School administrator Kyle Riley and Erica Scott-Pacheco. An editorial in the Boston Globe noted this possible result.
While this is an unusual development, it is not unprecedented -- though I will have to search for the same result.
The reason that it is unusual is that having a replacement race where the candidate can run in the replacement race is itself not the standard recall law. Many jurisdictions do not have the "up or down" vote on a recall -- instead they just have a new election for the position, featuring a guaranteed slot for the candidate (Michigan, Wisconsin have this). Some places do not have a replacement race and instead just allow for an appointment to the position (notably Oregon); Rhode Island gave the position to the second place finisher in the last election. California has an up or down vote on the recall, but the candidate is barred from seeking the office in the replacement race.
That said, it is not that uncommon and in fact Fall River almost saw this result a little over four years ago. The city had a recall against then mayor Will Flanagan. Flanagan lost the recall, but came in second in the replacement vote.
Louisiana proposed changing its law to ban recall loser from running in a replacement race after one such candidate got 1/3rd of the vote after being kicked out (though that candidate did not win). Here's some other examples of candidates running in the replacement race and losing.
Update: In 1982, Mansfield, Massachusetts Selectman John McNair pulled off this exact type of victory (losing the recall, winning the retention race). This was part of a four person recall (over the firing of a town manager). The other three Selectmen, David May, Frank Ciolella and Norman Manhana, lost their seats. The race is noted in Joseph Zimmerman's The Recall: Tribunal of the People.
While this is an unusual development, it is not unprecedented -- though I will have to search for the same result.
The reason that it is unusual is that having a replacement race where the candidate can run in the replacement race is itself not the standard recall law. Many jurisdictions do not have the "up or down" vote on a recall -- instead they just have a new election for the position, featuring a guaranteed slot for the candidate (Michigan, Wisconsin have this). Some places do not have a replacement race and instead just allow for an appointment to the position (notably Oregon); Rhode Island gave the position to the second place finisher in the last election. California has an up or down vote on the recall, but the candidate is barred from seeking the office in the replacement race.
That said, it is not that uncommon and in fact Fall River almost saw this result a little over four years ago. The city had a recall against then mayor Will Flanagan. Flanagan lost the recall, but came in second in the replacement vote.
Louisiana proposed changing its law to ban recall loser from running in a replacement race after one such candidate got 1/3rd of the vote after being kicked out (though that candidate did not win). Here's some other examples of candidates running in the replacement race and losing.
Update: In 1982, Mansfield, Massachusetts Selectman John McNair pulled off this exact type of victory (losing the recall, winning the retention race). This was part of a four person recall (over the firing of a town manager). The other three Selectmen, David May, Frank Ciolella and Norman Manhana, lost their seats. The race is noted in Joseph Zimmerman's The Recall: Tribunal of the People.
Monday, March 11, 2019
Massachusetts: Fall River Mayor may survive recall
Here's a look at Tuesday's recall effort against Mayor Jasiel Correia II, with an examination of Correia's support. Correia was arrested on federal wire and tax fraud charges for defrauding investors.
California: Hesperia Mayor Pro Tem accuses Councilman of taking part in recall effort
Mayor Pro Tem Bill Holland is facing a recall effort over an investigation into a hazing incident at a high school. Councilman Jeremiah Brosowske is accused of being one of the supporters of the recall effort, and now he is being threatened with a potential recall by a supporter of Holland.
Sunday, March 10, 2019
UK: Recall effort against Labour MP estimated to cost about £500,000
If the recall effort against Labour Party MP Fiona Onasanya (Peterborough) gets to the ballot, it is estimated to cost about £500,000 ($650,000).
The recall is after her convicted due to claiming someone else was driving her car when she was caught speeding (11 mph over the limit). Onasanya has already been expelled from the Labour Party and spent three months in jail. Petitioners would need about 7000 signatures to get on the ballot (10% of voters).
The recall is after her convicted due to claiming someone else was driving her car when she was caught speeding (11 mph over the limit). Onasanya has already been expelled from the Labour Party and spent three months in jail. Petitioners would need about 7000 signatures to get on the ballot (10% of voters).
Idaho: Kooskia Mayor recall gets the signatures
Petitioners seem to have enough signatures to get the recall against Mayor Charlotte Schilling on the ballot. The recall was over her position on Kooskia Ambulance and was led by the former Kooskia Ambulance President Wayne Finehout.
Petitioners submitted 76 signatures and got 66 validated. They needed 45 signatures. No word yet on a special election date.
Petitioners submitted 76 signatures and got 66 validated. They needed 45 signatures. No word yet on a special election date.
Idaho: Sugar City Mayor and Councilman up for recall vote on March 12
Mayor David Ogden and Councilman Brent Barrus will be facing a recall vote on March 12 over legal costs for rezoning of property that may result in new apartments and is the cause of a significant battle in town.
Colorado: Postcards sent calling for recall of Estes Park Mayor and Mayor Pro Tem
Postcards were sent to the Trail-Gazette newspaper calling for the recall of Mayor Todd Jirsa and Mayor Pro Tem Cody Walker. Both officials had petitions taken out against them in 2017, though nothing came of it. There is a group called Estes Park Recall 2019, but they claim no knowledge of the cards. It is not clear what the issues for a recall are.
Friday, March 8, 2019
Colorado: House Minority Leader's brother running "Recall Colorado" site targeting Democrats
House Minority Leader Patrick Neville has been threatening to recall Democrats, and apparently his brother's consulting firm has built a "Recall Colorado" website. The site is focused on Senator Jeff Bridges (D) and Representative Meg Froelich (D), with a claim of the National Popular Vote as a reason, though the website apparently also lists other issues such as Comprehensive Sex Education, Extreme Risk Protection Order firearm removal and the Protect Public Welfare Oil and Gas Operations. Neville apparently started discussing recalls over the bipartisan safe injection site bill (over opioids).
Thursday, March 7, 2019
Maine: Injunction preventing scheduling of recall against three Ogunquit Selectmen lifted
A judge lifted his temporary injunction stopping the scheduling of a recall against Selectmen Madeline Mooney, Charles Waite III and Robert Winn.
The injunction is based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident (courts have held that petitioners do not have to be a resident to be allowed to collect signatures). The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief. Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
The injunction is based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident (courts have held that petitioners do not have to be a resident to be allowed to collect signatures). The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief. Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
UK: Recall moves forward against Labour MP jailed for speeding
Following a rejection of her appeal of her conviction, recall petitions will be taken out against Labour Party MP Fiona Onasanya after she claimed someone else was driving her car when she was caught speeding (11 mph over the limit). Onasanya has already been expelled from the Labour Party and spent three months in jail. Petitioners would need about 7000 signatures to get on the ballot (10% of voters).
Arizona: Phoenix City Councilman recall delayed by Superior Court judge
The recall election against Phoenix City Councilman Michael Nowakowski (D), which was set for May 21, has been stopped in a lawsuit filed by Nowakowski's sister claiming that the PAC missed three requirements in submitting the petitions.
The recall is over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.
The recall is over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.
Wednesday, March 6, 2019
North Carolina: Chapel Hill-Carrboro School Board members facing recall effort
Chairwoman Margaret Samuels has resigned after the announcement of a recall attempt against her and Board Members James Barrett and Pat Heinrich over a decision to make one existing school a Mandarin language magnet school. Petitioners needed 10% of turnout in 30 days to get on the ballot. The recall would be filled by appointment and all three are up for reelection in the fall (one is running for state school superintendent in 2000 instead).
No word on the other two board members.
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
No word on the other two board members.
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
California:Pasadena Councilman recall seems to have failed
The recall attempt against Councilman Victor Gordo seems to have failed. The recall was led by a closed marijuana operation. Petitioners needed about 2000 signatures. The original petition to start the process was signed by 88 people, of whom only 35 actually lived in the district (they only needed 25).
Update: Petitioners continue to have trouble getting past the first stage
Colorado: Two Democratic state legislators facing petitions over support for national popular vote compact
Senator Jeff Bridges (D) and Representative Meg Froelich (D) are facing recall petitions over their support for a bill that would have Colorado join the national popular vote compact (a backdoor way to eliminate the Electoral College). Petitioners would need 19703 signatures for Bridges and 9587 for Froelich, all in 60 days.
There has also been discussion of a recall against Governor Jared Polis, which would need more than 631,000 signatures.
There has also been discussion of a recall against Governor Jared Polis, which would need more than 631,000 signatures.
California: Dixie School District Board Member facing recall effort
School Board member Marnie Glickman is facing a recall effort over a push to change the name of the district. Petitioners would need 2851 signatures.
Nevada: Senator who faced recall effort named Majority Leader
Nevada Senate Majority Leader Kelvin Atkinson (D) resigned after admitting to misusing campaign funds. He is replaced as leader by Senator Nicole Cannizaro (D), who was facing recall petitions launched by Republicans. The Cannizaro recall was rejected and the state Supreme Court just heard oral arguments as to whether the recall should be allowed to go forward.
Tuesday, March 5, 2019
California: Rerun -- ousted state Senator Josh Newman to run for old seat
Former state Senator Josh Newman (D), who was kicked out in a recall in June 2018 with 58% against, will run for the seat in the 2020 election, presumably against Senator Ling Ling Chang (R), who was selected as Newman's replacement in the recall. This will be the third go-round for the two, as Newman beat Chang in 2016 by 2498 votes. (Chang did not technically run against Newman in the recall -- the vote was an up or down against Newman, with Chang selected in a same day replacement vote).
The recall was launched over a gas tax and the Republicans push to deprive Democrats of a 2/3rds supermajority in the Senate. The Democrats quickly recapture the supermajority in the fall elections.
The recall was launched over a gas tax and the Republicans push to deprive Democrats of a 2/3rds supermajority in the Senate. The Democrats quickly recapture the supermajority in the fall elections.
Nevada: Supreme Court to hear appeal on State Senate recall effort
Oral arguments were heard on the issue of whether signers of a recall attempt can remove their names from a petition. A lower court tossed out signatures in the recall attempts against Senators Joyce Woodhouse and Nicole Cannizzaro. The recall was an attempt by Republicans to gain a majority in the chamber. There is some debate over whether the signatures would have been enough anyway, but the Republicans are pushing for an immediate election if the court holds that the signatures cannot be struck out.
Note that a similar provision in California allowed Newport Beach Councilman Scott Peotter to escape a recall attempt in 2017.
Note that a similar provision in California allowed Newport Beach Councilman Scott Peotter to escape a recall attempt in 2017.
California: Dublin School Board member who faced failed recall effort resigns
School Trustee Dan Cunningham, who faced a recall effort over various development issues in 2017-2018, has resigned. Petitioners failed Cunningham to get enough signatures at the time -- they handed in 6874, they needed 5409 and got 5266.
Nevada: Las Vegas Councilman resigns in face of recall effort
Councilman Steve Seroka (D) resigned in the face of a recall over claims of an anti-development stance, specifically his opposition to developing homes on a golf course.One of the construction unions that supported Seroka in his election was a big backer of the recall.
Petitions had not been handed in yet, but they needed 1850 signatures (of voters who voted in Seroka's last election) by March 11.
Petitions had not been handed in yet, but they needed 1850 signatures (of voters who voted in Seroka's last election) by March 11.
Former Assemblywoman Victoria Seaman (R) supported the recall effort and announced that she would run against Seroka. effort. She is asking for a special election rather than an appointment.
Sunday, March 3, 2019
Massachusetts: Greenfield Councillor recall stopped over affidavit question
The first recall attempt against Councilor Verne Sund has been rejected. Petitioners handed in 100 signatures to move forward, but the City Attorney found that the signatures were not signed with the under penalty of perjury provision included. Petitioners would need about 2,346 signatures in 21 days. The recall is over public comments, most recently about the disabled and minorities and failure to respond to constituents.
Michigan: Two of three petitions for Mills Township Board recall rejected by Election Commission
Petitions against Township Supervisor Daniel Bloom was rejected, as was one against Treasurer Sara Pitch over clarity issues. A third petition against Pitch is being looked at. The recall has been over a failure to be on top of embezzlement charges against the former clerk.
Thursday, February 28, 2019
Rhode Island: Narragansett rejected recall petitions
The town solicitor held that the recall petitions were flawed. The petitioner said he will resubmit.
Ohio: Recall attempt against Amelia Councilmembers
Councilmembers Doug Fischer, Steven Hacker and Derrick Campbell all faced a recall effort -- with the County Board of Elections rejecting the petitions (though Campbell resigned). There is an issue over a change in the law, passed last year, which changed the replacement method from appointment by councilmembers to an election (which would appear on the same day).
The recall was listed for lacking transparency
The recall was listed for lacking transparency
North Carolina: Chapel Hill-Carrboro School Board members facing recall effort
Petitioners have launched an effort to recall Chairwoman Margaret Samuels and Board Members James Barrett and Pat Heinrich over a decision to make one existing school a Mandarin language magnet school. Petitioners need 10% of turnout in 30 days to get on the ballot. The recall would be filled by appointment and all three are up for reelection in the fall (one is running for state school superintendent in 2000 instead).
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
Chapel-Hill is one of only two school boards to allow recalls in the state (the law was passed in 1993). Also of note is that 24 North Carolina cities allow for recalls.
New Mexico: Legislation proposed to allow state-level recalls
Local jurisdictions have recalls in New Mexico, but a bill by Representative Bill Rehm (R) proposes the recall hit state level officials as well. It would require a showing of cause, so it would be a Malfeasance Standard/judicial recall provision. They would need 25% of turnout.
Missouri: State Senators propose law allowing recall of county commissioners
Two legislators from Clay County, Senator Lauren Arthur (D) and Representative Kenneth Wilson (R) have proposed bills allowing for recalls of county commissioners. Clay County Commission is currently fighting a state audit.
The bill would require signatures totaling 7.5% of turnout, but would also include a malfeasance standard/judicial recall provision.
The bill would require signatures totaling 7.5% of turnout, but would also include a malfeasance standard/judicial recall provision.
Washington: Onalaska Water Sewer District Commissioner facing recall effort
Commissioner Deborah Hilliard is facing a recall led by Dennis Eros, who lost to Hilliard in a race decided by a coin-toss (the vote was 11-11). Washington is a malfeasance standard/judicial recall state, so there is a "for cause" requirement -- Eros is claiming she has violated statutes. Hilliard has been fighting with another commissioner, Virgil Fox, who is also a developer. There is also a fight over sewer service with another district 2.
Texas: Windcrest holding May 4th special election on charter amendments affecting recalls; Would add Malfeasance "for cause" standard
Windcrest is looking to change their recall laws following the two failed recall attempts last year. The first Proposition would add a malfeasance standard/judicial recall requirement, pushing petitioners to provide a violation of a "for cause" requirement.
Two jurisdiction have undertaken such a move in recent years.
Two jurisdiction have undertaken such a move in recent years.
Ohio: Newton Falls Councilman, who lost in 1993 recall, will face new recall on November 5 ballot
The recall of the Councilman John Baryak (D)will be on the November 5 general election ballot -- not on the May 7th one. Councilman Phillip Beer and former Councilwoman Nancy Hoffman are leading the recall effort. Hoffman is running against Baryak in the primary in May. The claim is a general misfeasance and failing to properly conduct city business.
Baryak lost a recall in 1993, so he can join the two-time recall club.
Update: Baryak is appealing the decision that put him on the ballot.
Baryak lost a recall in 1993, so he can join the two-time recall club.
Update: Baryak is appealing the decision that put him on the ballot.
Arizona: Signatures handed in against Douglas Mayor
Petitioner handed in 808 signatures for the recall of Mayor Robert Uribe over issues in city hall, including alleged employee problems and a failure to have a special meeting as requested by council members. Petitioners need 569 signatures.
Michigan: Albion Mayor Pro Tem recall effort ongoing
Mayor Pro Tempore Sonya Brown is facing a recall over the removal of the head of the Albion Public Safety Department. This has been ongoing since at least December.
Update: The language was approved
Update: The language was approved
Missouri: St. Louis mayor facing recall effort led by two Alderman over merger plan
Mayor Lyda Krewson is facing a petition effort over her support for a plan to merge St. Louis and St. Louis County. The recall effort is led by Aldermen Brandon Bosley and John Collins-Muhammad. Petitioners would need about 39,000 signatures to get the recall on the ballot. The president of the Board of Alderman would step up to the mayoralty until a replacement race.
California: Contra Costa Superior Court Judges facing recall effort
Judges Jill Fannin, Lois Haight and Rebecca Hardie are also facing a recall efforts, with petitioners claiming that they have enough against Haight and are close to getting enough signatures to get the recall against Hardie on the ballot. Petitioners have until March 12 to submit the signatures. The issue is problems with the family court -- seemingly about adoption and foster care. Not clear how many signatures are needed.
This would be the second recall of a judge since 1932 -- the last one taking place last year in Santa Clara County against Judge Aaron Persky.
This would be the second recall of a judge since 1932 -- the last one taking place last year in Santa Clara County against Judge Aaron Persky.
New Jersey: Rockaway Township Councilman, Acting Mayor facing recall efforts
Councilman Victor Palumbo is facing a recall effort over complaints about his vote, including votes against former Mayor Michael Dachisen and Councilman John Quinn taking health benefits. Petitioners would need 724 signatures to get to the ballot.
Acting Mayor Jeremy Jedynak (R) is also facing a recall effort, with one of the leaders being the widow of his immediate predecessor, Mayor Michael Dachisen (R). Dachisen died on August 15 of a heart attack, leading to Jedynak taking over. The issue is claims of hostile behavior. Jednyak is accused of calling a special council meeting the day after the funeral in "an effort to replace the municipal attorney."
Petitioners need about 4564 signatures to get that recall on the ballot.
Acting Mayor Jeremy Jedynak (R) is also facing a recall effort, with one of the leaders being the widow of his immediate predecessor, Mayor Michael Dachisen (R). Dachisen died on August 15 of a heart attack, leading to Jedynak taking over. The issue is claims of hostile behavior. Jednyak is accused of calling a special council meeting the day after the funeral in "an effort to replace the municipal attorney."
Petitioners need about 4564 signatures to get that recall on the ballot.
Friday, February 22, 2019
California: Two Malibu Councilmembers facing recall effort
Councilmemebers Rick Mullen and Skylar Peak are facing a recall effort led by the Editor in Chief of a local newspaper (called The Local) over their support for the City Manager and Public Safety Manager. The push to remove the managers is over the Woolsey Fire -- and claims that Peak spends most of his time outside the city.
Petitioners need 2289 signatures in 90 days.
Petitioners need 2289 signatures in 90 days.
Massachusetts: Former Hadley Select Board member running for office for ninth time since being kicked out in recall vote
John Mieczkowski Sr. was kicked off the Select Board 17 years ago n February 2002, and has run to get back on eight times -- all unsuccessfully. Mieczkowski also served on the board in the 1980s and currently serves on the Planning Board (he also won an election to the former Sewer Commission).
California: More on closed marijuana operation push to recall Pasadena Councilman
More on the attempted recall of Councilman Victor Gordo, with further claims that the recall effort is led by a closed marijuana operation. Petitioners would need about 2000 signatures. The original petition to start the process was signed by 88 people, of whom only 35 actually lived in the district (they only needed 25).
Update: Petitioners continue to have trouble getting past the first stage
Update: Petitioners continue to have trouble getting past the first stage
Wednesday, February 20, 2019
UK: Labour Party discussing expanding recall to MPs who leave party
After eight Labour MPs quit, Labour is now discussing allowing recalls of MPs who switch parties.
Tuesday, February 19, 2019
Wisconsin: Two Flambeau School Board members kicked out in recall vote
School board President Sam Stewart and clerk Danielle Zimmer were both voted out of office, with Stewart losing 451-284 to Sara Baker and Zimmer losing to Ruth Opachan 444-295. The recall was over claims of disrespectful comments and a host of other complaints has gotten the signatures.
In July, petitioners handed in 481-482 signatures, but the petition was thrown out for improper documentation. That recall also included Patrick Anderson.
In July, petitioners handed in 481-482 signatures, but the petition was thrown out for improper documentation. That recall also included Patrick Anderson.
Idaho: Sugar City Mayor and Councilman up for recall vote on March 12
Mayor David Ogden and Councilman Brent Barrus will be facing a recall vote on March 12 over legal costs for rezoning of property that is the cause of a significant battle in town.
Sunday, February 17, 2019
Hawaii: Hawaii County Recall law discussed in potential charter change
I (and Ballotpedia) have been trying to keep track of how many states have recalls on the local level. The answer is not a simple one, but we had settled on 38 states. But that seems to be off by at least one -- Hawaii's Hawaii County seems to have a recall provision -- Article XII of the charter seemingly adopted in 1979. The recall requires signatures totaling 25% of turnout and petitioners have between 90-120 days (depending on the position). It has one interesting feature -- there is what we can call a turnout veto (other countries have it like Romania and Warsaw, Poland). The vote must top 50% of the vote cast for that office in the last election for it to work (meaning, if 10,000 were cast for all candidates in a 2018 election, the recall must have 5001 votes cast -- either for or against -- for the recall to count). So supporters of the official are usually better off not turning out at all.
This issue came up in an oped/letter from former County Councilwoman Brenda Ford about the Hawaii County Charter Commission, which is considering moving from a two-year to a four-year term. Note that the same issue of increase term length was a motivator in the adoption of the recall in some jurisdictions in the Progressive Era.
This issue came up in an oped/letter from former County Councilwoman Brenda Ford about the Hawaii County Charter Commission, which is considering moving from a two-year to a four-year term. Note that the same issue of increase term length was a motivator in the adoption of the recall in some jurisdictions in the Progressive Era.
Canada: BC Speaker of the Legislature recall effort on hold
The recall attempt against Speaker Darryl Plecas (I) is now on hold after he released a "bombshell" report on legislative expenses that has won him plaudits.
Plecas defected from the Liberals to the minority NDP government. Petitioners would need 16400 signatures to get on the ballot. Plecas won with 52.48% of the vote in 2017.mpaign.
Plecas defected from the Liberals to the minority NDP government. Petitioners would need 16400 signatures to get on the ballot. Plecas won with 52.48% of the vote in 2017.mpaign.
California: Dublin school board trustee forced to step down by signature campaign
Not actually a recall, but an interesting adjacent event. Niranjana "Nini" Natarajan was forced to leave the school board after 75 signatures were handed in. Natarajan was appointed to the board following the resignation of another member. However, the voters had the ability to cause of vacancy for a seat filled by an appointment if they submitted enough signatures. Because the school board switched to a district based (rather than an at-large) system, the amount of signatures needed to trigger this provision was very small.
Dublin has had recent recall threats against a school board member and other officials.
Dublin has had recent recall threats against a school board member and other officials.
Canada: Alberta's UCP leader announces party platform including recall law
United Conservative Party leader Jason Kenney is proposing a recall law as part of their platform for the Alberta provincial election. Kenney is also proposing a ban on MLAs switching parties, which I always find an interesting phenomena.
The proposed recall law would require signatures of 40% of eligible voters and couldn't be started until 18 months into the term. This is a very high barrier and it mimics the British Columbia recall law, which I believe has not been used to remove an official since its adoption in 1991.
The proposed recall law would require signatures of 40% of eligible voters and couldn't be started until 18 months into the term. This is a very high barrier and it mimics the British Columbia recall law, which I believe has not been used to remove an official since its adoption in 1991.
Arizona: History of the State's adoption of the Recall
Here's a look at the fight over Arizona's adoption of the recall. Famously, President William Howard Taft refused to sign the state's Constitution (passed at a 1910 constitutional convention) in 1911 because it contained a provision that allowed for recall of judges. Arizona removed the provision and it was signed on February 14, 1912. Then, the people added back in the recall of judges provision.
This article notes that one of the major convention delegates was Democrat Jacob Weinberger, later a US District Court judge in San Diego. This article talks about Weinberger's life.
This article notes that one of the major convention delegates was Democrat Jacob Weinberger, later a US District Court judge in San Diego. This article talks about Weinberger's life.
Ohio: Newton Falls Councilman, who lost office in 1992 recall, facing new vote
The recall against Councilman John Baryak (who was removed in a recall in 1992) is being put before the Board of Elections. They will be debating whether to put the recall on the May primary ballot. No word on the recall effort against Mayor Lyle Wadddell. Former Mayor Patrick Layshock is running as a write-in for the council. Layshock was removed in a recall vote in 2010 and replaced by Waddell.
Washington: Cathlamet petitions thrown out; petitioners promise appeal
Petitioners have appealed a decision to toss out the recall effort against Mayor Dale Jacobson and Council members Sue Cameron, Ryan Smith and Jean Burnham. Since Washington is a Malfeasance Standard/Judicial Recall state, a judge was required to pass muster before the recall was allowed to go forward. The judge threw out the recall.
The recall is over a vote to buy a parking lot from a former council member (the price was $68,000 and an independent appraisal put it at $40,000).
The recall is over a vote to buy a parking lot from a former council member (the price was $68,000 and an independent appraisal put it at $40,000).
Friday, February 15, 2019
Colorado: Fort Morgan Councilmember resigns in face of recall
Councilmembers Dan Marler resigned rather than face a recall - petitioners appeared to have enough signatures to get on the ballot. The position will be filled by an appointment by the council.
The issue was a vote to allow the City Manager to return to work after he was charged with third degree assault (which was over slamming the brakes while the manager was in the car with his daughter). The Manager was found not guilty in the trial. One of the recall leaders is a former council member.
Still no word on the recall efforts against Councilmembers Kevin Lindell and Lisa Northrup.
The issue was a vote to allow the City Manager to return to work after he was charged with third degree assault (which was over slamming the brakes while the manager was in the car with his daughter). The Manager was found not guilty in the trial. One of the recall leaders is a former council member.
Still no word on the recall efforts against Councilmembers Kevin Lindell and Lisa Northrup.
Thursday, February 14, 2019
Nebraska: Senator puts forward bill to eliminate recalls
State Senator Curt Friesen (R) has proposed a bill to eliminate recall elections following the removal of Hamilton Commissioner Gregg Kremer this week.
The article notes that Nebraska has had at least 45 recalls since 2008 -- a number I'll have to check myself.
There have been other attempts to change recall laws in other states, though they rarely succeed. I don't know of a single case where recall laws were dropped entirely. Michigan changed its recall in 2012, though it is still a political recall state. Las Cruces, New Mexico and College Station, Texas both moved from political recall to judicial recall/malfeasance standard requirements.
The article notes that Nebraska has had at least 45 recalls since 2008 -- a number I'll have to check myself.
There have been other attempts to change recall laws in other states, though they rarely succeed. I don't know of a single case where recall laws were dropped entirely. Michigan changed its recall in 2012, though it is still a political recall state. Las Cruces, New Mexico and College Station, Texas both moved from political recall to judicial recall/malfeasance standard requirements.
Idaho: Elk River Mayor recall on the March 12 ballot
Mayor Dave Brown is facing a recall vote on March 12. So far. I haven't seen why the recall was launched or any other details.
Update: Petitioners handed in 18 signatures to get on the ballot. The issue is accusations of public drunkeness, misuse of city equipment and failing to respond to public safety issues. The need at least 32 votes (a larger majority than the last election victory) to have the recall count.
Update: Petitioners handed in 18 signatures to get on the ballot. The issue is accusations of public drunkeness, misuse of city equipment and failing to respond to public safety issues. The need at least 32 votes (a larger majority than the last election victory) to have the recall count.
Wednesday, February 13, 2019
Nebraska: Hamilton Commissioner kicked out in recall
Commissioner Gregg Kremer was kicked out by a vote of 176-167 over claims by a former member of the County Ambulance Department that he represents private interests. Turnout was 29% of voters.
Nebraska: York Mayor removed in recall vote
Mayor Orval Stahr was removed with a vote of 1358-915 over claims of intimidation and misbehavior. The vote was an all mail ballot.
Petitioners submitted 1326 signatures and got 1214 verified. They needed 1149 signatures. Any replacement would be appointed by the council.
Council member Diane Wolfe led the recall effort.
Petitioners submitted 1326 signatures and got 1214 verified. They needed 1149 signatures. Any replacement would be appointed by the council.
Council member Diane Wolfe led the recall effort.
Tuesday, February 12, 2019
California: Pasadena Councilman facing recall effort
Councilman Victor Gordo is facing a recall effort over a kitchen sink of complaints -- though Gordo claims that unsanctioned marijuana dispensaries are targeting him after a string of arrests.
Michigan: Kawkawlin Township Supervisor up for May 7 recall vote
Kawkawlin Township Supervisor Dennis Bragiel will be up for a May 5 recall over a no vote on a moratorium on wind turbines. The recall previously faced claims that the County Clerk failed in allowing Braigel to challenge an earlier version of the recall. Petitioners handed in 530 valids and needed 455
California: 2016 Tulare Regional Medical Center Recall apparently a test run for other social media focused campaigns by Psy-Ops group
The recall of Dr. Parmod Kumar -- a seemingly small event that got very little attention -- is now very much in the news. The New Yorker has a big piece on an international effort to support Kumar and defeat Senovia Gutierrez, who won the July 11 recall. There was some evidence of how unusual the race was in just the fundraising.
Sunday, February 10, 2019
Colorado: Fort Morgan Councilmember recall gets the signatures
Petitioners seem to have the signatures for the recall of Councilmembers Dan Marler -- they handed in 36 and 34 were valids. The issue was a vote to allow the City Manager to return to work after he was charged with third degree assault (which was over slamming the brakes while the manager was in the car with his daughter). The Manager was found not guilty in the trial. One of the recall leaders is a former council member.
No word on the recall efforts against Councilmembers Kevin Lindell and Lisa Northrup.
No word on the recall efforts against Councilmembers Kevin Lindell and Lisa Northrup.
Friday, February 8, 2019
Idaho: Dalton Mayor and Councilmembers facing recall efforts
Mayor Steve Roberge and Councilmembers Joe Myers, Denise Lundy, Jamie Smith and Scott Jordan are facing recall efforts over a proposal to build homes on back area land. Petitioners need between 110-418 signatures to get on the ballot.
Colorado: Three Cripple Creek-Victory School District Board Members facing recall effort
Board President Timothy Braun, Treasurer Dennis Jones and Secretary Tonya Martin are facing a recall effort over claims of violation of the open record act and possibly a suspension of the superintendent. Petitioners claim to have about half the signatures. Petitioners need 400 signatures by March 11. One of the leader was a former Head Start director who lost to Jones by 30 votes in November 2017. A recall would cost about $8500.
Thursday, February 7, 2019
Michigan: Leoni Township Supervisor who survived recall vote now facing ouster attempt in court due to failure to re-swear in
Supervisor Howard Linnabary (R), who survived a recall vote on election day while two other board members went down to defeat, is now being threatened with an ouster lawsuit after Linnabary did not reswear in following the recall vote.
Township Clerk Mark Carpenter (who won office in the recall) filed the lawsuit, with the township attorney representing Carpenter.
The issue was their vote that allowed for a percentage of the $5000 administrative fee for medical marijuana applications to go to directly to the seven board members for the extra work they did in approving the applications. The law has since been changed.
Update: The suit has since been dropped.
Township Clerk Mark Carpenter (who won office in the recall) filed the lawsuit, with the township attorney representing Carpenter.
The issue was their vote that allowed for a percentage of the $5000 administrative fee for medical marijuana applications to go to directly to the seven board members for the extra work they did in approving the applications. The law has since been changed.
Update: The suit has since been dropped.
Arizona: Former House member running in Phoenix City Councilman recall
Former Arizona House Member Mark Cardenas (D) has entered the May recall against Phoenix City Council Michael Nowakowski (D) is facing a recall vote over a vote to study and potentially delay a light rail expansion. Nowakowski was previously threatened with a recall over same-sex marriage and transgender bathroom issues. Petitioners handed in 2361 signatures and needed 1331.
Arizona: Petitions filed against State Representative over racial comments and past arrest
Petitions have been taken out against State Representative David Stringer (R) following a Prescott City Council 6-1 vote asking for his resignation over racially charged comments. This is not the first time that Stringer has been criticized for his racial comments -- the Governor and both parties have called for his resignation. Stringer is also facing a new disclosure that "he was arrested in 1983 in Baltimore on charges including child pornography."
Petitioners would need 24,990 signatures to get on the ballot.
A recall cannot begin until the summer -- Stringer was just reelected and there is a six month grace period before a recall can begin.
Petitioners would need 24,990 signatures to get on the ballot.
New Jersey: Second recall attempt against Phillipsburg Mayor fails
A second attempt to get a recall against Mayor Stephen Ellis (D) on the ballot failed. The recall is over vague claims of incompetence and misuse of office. In August, Ellis claimed the recall is started by "mercenaries" who have accused him of assault (the charges were dropped). Ellis won in 2015, beating a Republican incumbent looking for a fifth term.
One of the lead petitioners, Blaine Fehley, accused the mayor of assault for yelling at him over "crudely manipulated photos."
Petitioners needed 1725 signatures in 160 days (25% of registered voters).
One of the lead petitioners, Blaine Fehley, accused the mayor of assault for yelling at him over "crudely manipulated photos."
Petitioners needed 1725 signatures in 160 days (25% of registered voters).
Maine: Judge issues temporary injunction stopping recall vote of three Ogunquit Selectmen
A judge issued a temporary injunction stopping the selectmen from scheduling the recall of Selectmen Madeline Mooney, Charles Waite III and Robert Winn.
The injunction is based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident. The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief. Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
The injunction is based on a claim that the petitions and signatures are invalid because one of the petitioners isn't a resident. The recall is for the three selectmen's support of the town manager's decision to fire the Fire Chief. Petitioners handed in over 300 signatures. They needed 215 valids and got 253-257.
Louisiana: St. Tammany Parish School Board member facing recall threats over shoplifting arrest
School Board member Sharon Lo Drucker is facing threats for a recall after the revelations of her July shoplifting arrest. She was relected to a second term after the arrest (for items worth $58.25)
Crow Agency Chairman kicked out in January 19 recall
Chairman Alvin "A.J." Not Afraid was kicked out of office in a January 19 recall. Carlson "Dukes" Goes Ahead replaced him. The recall was over accusation
Sunday, February 3, 2019
Virginia: Can the Governor be recalled? And what is Virginia's unique Recall Trial law?
Virginia Governor Ralph Northam has been under a deluge of calls for his resignation since the revelation that his medical school yearbook has a picture of a man in blackface and another in a KKK outfit. Despite a poorly received press conference, Northam has so far refused to resign. So, let's ask the question that naturally would come to this blog -- In the (frankly unlikely) case Northam does not resign, can he be removed by a recall vote? Due to two factors, the evidence would suggest that a Virginia Governor can't be recalled, though there is some slight room for uncertainty. Let's look at some of the strange issues regarding the recall in Virginia:
1) Virginia has an unusual recall provision called a "recall trial." No state has this provision -- it is not clear any place in the world has it. The recall trial is a modification of what we call the judicial recall/malfeasance standard, with a very big twist.
Under the recall trial standard, voters would have to gather signatures equal to 10% of turnout in the last election. Then, instead of a vote, a judge would hold a trial to determine if the elected official violated a specified list of statutory rules. The list includes neglect of duty, misuse of office, incompetence and conviction on a number of misdemeanors (one of the specified misdemeanors is a "hate crime" -- though I can't imagine any criminal charges).
Having a specified "for cause" list of actions required for removal is not unusual. Among the states that have recalls on the state level, seven have this judicial recall/malfeasance standard criteria (Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, Washington). This greatly limits the amount of recalls -- such recalls attempts are generally thrown out very early in the process.
What is unusual is having a trial rather than an election. I'm not sure how this provision came about, but no one else seems to have it.
Would Northam be found guilty and removed in a recall trial? It seems extremely unlikely -- it is not clear what charges could be filed. However, there are very few recall trials in Virginia history (see below), so we can't read much into past practices.
2) Does the Governor even fall under this provision? The applicability portion of the code states that the law: "shall apply to all elected .... officers.... except officers for whose removal the Constitution of Virginia specifically provides." This may mean that the recall may not cover Governors, who face impeachment under the Constitution. Again, this would need to be tested in court for a final answer.
3) Who replaces the elected official? The provision doesn't specify any replacement mechanism, which itself is unusual. Presumably, a recalled official would be replaced in the same fashion as an impeached one -- by the Lieutenant Governor. But if Republicans wanted to test one provision to capture the Governor's mansion, this would certainly be it. In some recalls in Virginia, the position has been filled by an appointment (though that is under local recall laws). If the legislature could select a replacement (and the GOP controls both house of the legislature), this would presumably be the only way to do it.
4) So how often does a recall trial happen? That is unclear. I'm not sure any has actually occurred. In one of the attempts that I've documented since 2011, the judge threw out the recall of Loudon County Supervisor Eugene Delgaudio (R) before it got to a trial stage. In another, against Norfolk County Treasurer Anthony Burfoot (D), petitioners seemed to get enough signatures, but the recall trial was held up until he was convicted of a crime and then automatically removed from office. In the Burfoot case, the prosecutor claimed that he would not try the recall trial because the criminal action took place when Burfoot was a councilman, not as treasurer. The article on Delgaudio notes another case that was thrown out -- that one involved a Supervisor in 1997, though it is not clear if it went to an actual recall trial or not.
Virginia has had a number of recall elections, which are allowed at the local level. One official, former Portsmouth Mayor James Holley III, was even recalled and removed twice.
5) While not on point, it is interesting to compare this to Oregon Governor John Kitzhaber, who resigned after facing ethical questions in 2015. Oregon did not have an impeachment provision, but it did have a recall law. The fact that he was threatened with recalls may have hastened the Kitzhaber resignation. While I wouldn't expect Northam to stay in office, a clear recall law may make the resignation a more likely and quicker occurrence.
1) Virginia has an unusual recall provision called a "recall trial." No state has this provision -- it is not clear any place in the world has it. The recall trial is a modification of what we call the judicial recall/malfeasance standard, with a very big twist.
Under the recall trial standard, voters would have to gather signatures equal to 10% of turnout in the last election. Then, instead of a vote, a judge would hold a trial to determine if the elected official violated a specified list of statutory rules. The list includes neglect of duty, misuse of office, incompetence and conviction on a number of misdemeanors (one of the specified misdemeanors is a "hate crime" -- though I can't imagine any criminal charges).
Having a specified "for cause" list of actions required for removal is not unusual. Among the states that have recalls on the state level, seven have this judicial recall/malfeasance standard criteria (Alaska, Georgia, Kansas, Minnesota, Montana, Rhode Island, Washington). This greatly limits the amount of recalls -- such recalls attempts are generally thrown out very early in the process.
What is unusual is having a trial rather than an election. I'm not sure how this provision came about, but no one else seems to have it.
Would Northam be found guilty and removed in a recall trial? It seems extremely unlikely -- it is not clear what charges could be filed. However, there are very few recall trials in Virginia history (see below), so we can't read much into past practices.
2) Does the Governor even fall under this provision? The applicability portion of the code states that the law: "shall apply to all elected .... officers.... except officers for whose removal the Constitution of Virginia specifically provides." This may mean that the recall may not cover Governors, who face impeachment under the Constitution. Again, this would need to be tested in court for a final answer.
3) Who replaces the elected official? The provision doesn't specify any replacement mechanism, which itself is unusual. Presumably, a recalled official would be replaced in the same fashion as an impeached one -- by the Lieutenant Governor. But if Republicans wanted to test one provision to capture the Governor's mansion, this would certainly be it. In some recalls in Virginia, the position has been filled by an appointment (though that is under local recall laws). If the legislature could select a replacement (and the GOP controls both house of the legislature), this would presumably be the only way to do it.
4) So how often does a recall trial happen? That is unclear. I'm not sure any has actually occurred. In one of the attempts that I've documented since 2011, the judge threw out the recall of Loudon County Supervisor Eugene Delgaudio (R) before it got to a trial stage. In another, against Norfolk County Treasurer Anthony Burfoot (D), petitioners seemed to get enough signatures, but the recall trial was held up until he was convicted of a crime and then automatically removed from office. In the Burfoot case, the prosecutor claimed that he would not try the recall trial because the criminal action took place when Burfoot was a councilman, not as treasurer. The article on Delgaudio notes another case that was thrown out -- that one involved a Supervisor in 1997, though it is not clear if it went to an actual recall trial or not.
Virginia has had a number of recall elections, which are allowed at the local level. One official, former Portsmouth Mayor James Holley III, was even recalled and removed twice.
5) While not on point, it is interesting to compare this to Oregon Governor John Kitzhaber, who resigned after facing ethical questions in 2015. Oregon did not have an impeachment provision, but it did have a recall law. The fact that he was threatened with recalls may have hastened the Kitzhaber resignation. While I wouldn't expect Northam to stay in office, a clear recall law may make the resignation a more likely and quicker occurrence.
Virginia: Recall Trial of Norfolk Treasurer called off due to conviction
Not sure why this didn't get posted when I wrote, but the recall trial against Norfolk Treasurer Anthony Burfoot was found to be moot after his conviction for selling his votes when he was a councilman and lying under oath. The recall trial was delayed for a year after he was indicted (he was sentenced to six years). The prosecutor claimed he would not have pushed for a trial, as the actions did not occur when he was a treasurer.
Petitioners handed in almost 6500 signatures, 4670 were valid. They needed 4656.
Petitioners handed in almost 6500 signatures, 4670 were valid. They needed 4656.
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