Monday, June 20, 2022

California: Proposed recall "reform" ballot measures floundering in state legislature

The San Francisco Chronicle's Bob Egelko provides a look at the proposed ballot measures to revamp or neuter recall laws and see that they seem to be going nowhere. 

The measure sponsored by State Senator Josh Newman would remove special elections (unless it is in the first 14 months of a term) and create an automatic replacement model for the governor and other officials (with the governor appointing lower level successors).

A second measure, by Senator Ben Allen, would allow the official to run in the replacement race (which we've seen in Massachusetts).  

The Assembly passed a bill sponsored by Steve Bennett which only targets local jurisdictions and would allow local laws to govern the replacement choice (appointment or special elections). Places with their own charter (like SF) would not be hit by this law (which still must pass the Senate).

Update: Los Angeles Times' Mark Barabak has another take on the proposed changes.

California: Los Angeles District Attorney signature total tops 566,857 needed to get to the ballot

Petitioners now claim to have more than 566,857 signatures to get the recall of Los Angeles District Attorney George Gascon. This is what is needed to get on the ballot (though, as I've mentioned, they need many more signatures than that). They have until July 6 to get the signatures in. Petitioners are apparently paying $8 per signature and are shooting for 650-700K -- they will likely need the higher amount to hope to get on the ballot (though I'm now wondering how the random sampling changes the odds).

I've talked about some of the issues in the LA Times as well.

California: More on the Boudin recall

So much more out on the SF District Attorney Chesa Boudin recall, including the fact that the vote total has shrunk to 55% against. Prop. C is close to 58% no (and more people voted against that than against Boudin). Neither totals are expected to change the final result of Boudin being ousted.  

Here's a Law360 article looking at the legal impact, and article on the role of Asian voters in the ouster of Boudin and the school board members and what it could be mean for other prosecutors around the country.

New York: GOP proposed Constitutional Amendment for recall of District Attorneys

Republican legislators proposed a Constitutional Amendment to allow recalls of district attorneys in New York, which comes off the recall of San Francisco District Attorney Chesa Boudin. The proposal will not being moving forward. 

Illinois: Circuit Court Judge rules against Dolton Mayor recall effort; Holds that Clerk must not count votes in June 28 recall election

A Cook County Circuit Court Judge has ruled in favor of efforts to stop the recall election against Dolton Mayor Tiffany Henyard, which is set for a June 28 recall vote. The judge has ordered the clerk to not count the vote (early voting started on July 13) in two recall ballot measures (one asks for a recall law, the other calls for Henyard to face a recall vote immediately). The issue seems to be that the measures are taking place at the same time, which is extremely odd.

The recall does not seem to have signatures handed in, but was rather put on the ballot by the village board. 

Henyard faced a previous recall effort when she served as trustee, leading to an appellate court decision that the board cannot remove the official by a board vote but can have a recall. 

The recall is over a slew of complaints: taking a Township Supervisor job that pays $250,000 which seen as a conflict of interest; keeping the board from meeting, paying bills and refusing to show what is being paid, as well as hiring a code enforcement officer who spent 24 years in prison for kidnapping and sexual assault. 


Virginia: Portsmouth Council members facing petitions

Portsmouth Vice Mayor De'Andre Barnes and Councilmember Mark Whitaker are facing petitions over a vote to fire the city manager and replace her with the former police chief.

It looks like the petitioners need 4510 signatures (10% of turnout) to get on the ballot.

Colorado: Woodland Park School Board members facing petitions

Woodland Park RE-2 School Board President David Rusterholtz, Vice President David Illingworth II and Director Suzanne Patterson are facing petitions over complaints about approving a charter for a new Academy in the district. The claims include violations of open meeting laws. 

Petitioners need about 3000 signatures each by the end of July. 

Washington: Lewis County Republican Chairman facing petitions

Lewis County Republican Chairman Brandon Svenson (who is the Mayor of Winlock) is facing a recall vote on July 11. Party leadership had previously called for Svenson's resignation. Svenson wore a T-Shirt for Lewis County Sheriff's Rob Snaza's re-election while arguing with another candidate for the position. Petitioners need a majority of the vote, but most also have a quorum of 40% of committee officers.

Michigan: White Pigeon Village President facing petitions

Petitions have been taken out against White Pigeon Village President Tyler Royce, with the petitions passing the factual/clarity test and being approved by the Electoral Commission. The issue is claims that Royce used municipal equipment and employees for personal work (something called a "Ditch Witch"). Royce's supporters claim that the item was rented from the county for $100. 

Petitioners need 108 signatures in 60 days.

Tuesday, June 14, 2022

Wisconsin: Morgan Town Board Recall set July 12

The recall of Morgan Town Board Chair Fran Wranosky and Supervisor Leonard Wahl over a proposed solar power facility is scheduled for July 12. If multiple candidates run, the recall will be a primary, with a final election held on August 9 (the regular election primary date). Both have been on the board for over a decade.

Thursday, June 9, 2022

California: San Francisco District Attorney Loses in Blowout; Prop C also fails overwhelmingly

San Francisco District Attorney Chesa Boudin lost his recall election, with the latest results showing him down by 59.5%-40.5% on Proposition H (this number will change a bit). Note that 137,000 votes were cast, which was more than for Governor in the city. I should be writing more on the question of pushback against Progressive Prosecutors. Boudin will be replaced by appointment, with a special election held in November to fill the remainder of the term.

Proposition C also failed, with 60.13% against it. I've said quite a bit on this,

Virginia: Judge tosses out recalls against Loudon School Board members

Petitions against Loudon School Board members Atoosa Reeser and Brenda Sheridan was rejected by a judge, ruling that the petitions did not meet the malfeasance standard/judicial recall standard based on a finding by a special prosecutor. If this got through, it would probably have required a trial under the state's unique Recall Trial law (though this may be it). The actual complaint seems to be an open meeting violation (the group joining a separate Facebook group). 

Apparently, an attorney for the petitioners threatened a recall against the Commonwealth attorneys during the case.

Signatures were handed in against Loudon School Board Member Brenda Sheridan. They handed in 1850 and need 803. 

There were attempts against Sheridan, Reeser, Beth Barts, Leslee King, Denise Corbo and Ian Serotkin, though King has since died and Barts resigned on November 2 after petitioners handed in signatures. Sheridan needed the smallest number of signatures of any of the members. The recall effort was supposed to be over complaints about alleged inappropriate reading materials in the school. The petitioners claim they are fighting against "Critical Race Theory." The recall petitions seem to have been focused on complaining about school closing to fight the coronavirus pandemic.

Loudon has faced discussions about recalls in recent years as Virginia is one of the most prominent states to move politically. Last year, Loudon County Board of Supervisors Chair Phyllis Randall  is facing recall threats from the Young Republicans over her participation in a recent rally against police violence. The Young Republicans statement includes a reference to a violation of the 14th Amendment. 

Friday, June 3, 2022

California: Key historical facts on the San Francisco District Attorney Chesa Boudin Recall Election

Next Tuesday, we will see two major recall votes -- the recall of San Francisco District Attorney Chesa Boudin and Proposition C, which looks to radically cutback (if not effectively kill) the recall in the future.

Hopefully, I'll have a full look at this recall on Tuesday, but in the meantime, here's some facts and details to consider:

1. This is the second recall to got to a vote of a District Attorney in San Francisco history. The first was in 1917 against D.A. Charles Fickert over his prosecution of Tom Mooney over the bombing of the San Francisco Preparedness Parade (as well as other complaints about anti-labor behavior and underworld support). Fickert easily won the election (which was basically a new race) 46,451-20,394-1721.  Fickert is a fascinating character in California history, who beat Francis Heney in 1909, but lost a gubernatorial primary race in 1918.

2. San Francisco may seem like a recall haven, but this may be only the 11th in the city (and importantly, county) history. The others, were the three school board members in 2022, Mayor Dianne Feinstein in 1983, Mayor Roger Lapham in 1946, Judges John Sullivan and Morris Oppenheim in 1921, Fickert in 1917, State Senator E.E. Grant in 1914 and Police Judge Charles Weller in 1913. All but Feinstein and Lapham lost their votes.

3. This would be the second recall of a District Attorney in California in two years, as the Sonoma County DA survived a vote on September 14. That may have been the first recall of a District Attorney in California since 2001 (in Marin County).

4. District Attorney recalls are quite unusual. Until the Sonoma County D.A., I counted only four recalls against attorney positions in 10 years (with one other official resigning). The only one that took place in California was in 2013 against San Bernardino City Attorney Jim Penman. Penman, who represented the city but did not try criminal cases like a District Attorney, lost the vote. 

5. One book that looks at recalls in California until 1930 mentions notes that there was only one District Attorney recall that led to an ouster up to that point, the Kern County D.A. in 1917. 

6. There may be another D.A. recall in Colorado, as signatures were just handed in. 

I looked at the recall of District Attorneys in some more depth in this piece in the Recorder and why there are so few D.A. recalls in the US. Notably, there are fewer District Attorneys, usually only one per jurisdiction, as opposed to the multi-member city councils and other legislative bodies. District Attorneys usually faced less controversy and were more the crusading "tough on crime" types. But since the 2017 Philadelphia D.A. Larry Krasner election, there has been a change in who has run for the office. The Boudin recall (and the attempt against Los Angeles D.A. George Gascon) appears to be a reaction to this success. I was (and still may) write more on this, though the always-excellent Governing Magazine's Alan Greenblatt has a great look at this. 

As for this recall, petitioners handing over 83,484 signatures and needed 51,325 valids. There was no word on how many signatures were valid (they used a statistical sampling method of 4174 signatures and found that it would meet the requirement). There is no replacement race. The mayor would select any replacement. 

The recall (San Franciscans for Public Safety) is led by local Democrats Mary Jung (the former chair of the local Democratic Party) and Andrea Shorter. The pro-recall side has raised about $1.6 million, while the anti-recall forces have raised about $800,000.

A first recall effort against Boudin failed, with petitioners claiming that they were1714 signatures short (though that is before verification, so it could be a lot less).

This first recall was led by former Republican Mayoral candidate Richie Greenberg (though Greenberg said he was replaced as head of the effort). It was considered the "Republican" recall. The recall is over complaints over lenient treatment of criminals. Recall efforts kicked into high gear after a convict who was arrested on suspicion of driving a stolen vehicle and violating probation was released without bail and then ran over two women while running a red light. 

Colorado: Signatures handed in against 12th Judicial District Attorney (Alamosa/San Luis County)

Petitioners have handed in 5924 signatures seeking the recall of Alamosa/12th Judicial District Attorney Alonzo Payne. Petitioners need 3996 valids to get on the ballot.

The recall effort is over complaints of being soft on crime. The Secretary of State is reviewing grounds for the recall, The petitions were taken out by Alamosa Mayor Ty Coleman. 

Here's some further complaints.

California: Nevada County Supervisors recall fails

The recall effort against Nevada County Supervisors Dan Miller, Hardy Bullock, Heidi Hall, Ed Scofield and Susan Hoek failed, with petitioners not handing in any signatures. 

Petitions were taken out  over votes to combat the spread of the coronavirus pandemic. There is also a complaint about using drones to inspect property. Petitioners need between 2600-3200 signatures per supervisor. During the recall, petitioners allegedly forced themselves into the clerk's office, resulting in a temporary closure. The petitioners refused to follow the mask mandate designed to prevent the spread of the coronavirus pandemic. One of the lead petitioners is running against Hoek in her reelection race. 

California: Willows Mayor/Council Recall Effort Fails

The effort against Willows Mayor Larry Domenighini, Vice Mayor Garry Hansen and Councilmember Kerri Warren has failed, with petitioners failing to hand in any signatures (they claim to have 700 and needed 768 per). The recall efforts was over a sewer rate increase on multi-family units and complaints about spending. 

Minnesota: Two Harbors Mayor recall scheduled for August 9

The recall election of Two Harbors Mayor Chris Swanson has been scheduled on August 9 (Primary Day), with Swanson saying that he will not resign. Petitioners handed in 618 signatures and have 532 valids, they needed 498. 

Petitioners previously gathered signatures, claiming they had 970 signatures for the recall, but they pulled those petitions over a lawsuit that would have removed the anonymity for any signers. The suit sought to require the signatures be revealed. 

The recall is seemingly over claims that Swanson used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

There is a separate suit by a Republican County official asking the recall to be tossed out over Minnesota's strict malfeasance standard/judicial recall rules, which has led nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. In this case, there will be a replacement appointed.

Update: A district court judge has thrown out an attempt to toss the recall. 

Sunday, May 29, 2022

Minnesota: Robbinsdale City Council member resigns

Robbinsdale City Council member Tyler Klin has resigned after signatures were verified in the recall effort against him. Klin was charged with drunk driving and fleeing police. The election was scheduled for Election Day in November. It sounds like Klin will be replaced in a special election.

Former Mayor Regan Murphy lead the petitions, which needed 654 signatures in 30 days. 730 were submitted. As Minnesota is a malfeasance state, they need approval to move forward, though I don't see a reference to any case. 

Oregon: Nestucca School Board recall effort fails

The recall effort against Nestucca Valley School Board members Bill Hagerty, Diane Boisa and Shane Stuart failed, with petitioners not handing in the needed 375 valids. The board was seemingly targeted due to its support for restrictions to combat the spread of the coronavirus pandemic and general "critical race theory" complaints.

Canada: Recall effort started against British Columbia MLA

British Columbia MLA Harwinder Sandhu (Vernon-Monahsee) is facing a recall effort led by one of the Ottawa trucker protestors. The issue is complaints over restrictions put in place to combat the spread of the coronavirus pandemic. Petitioners would need signatures of 40% of turnout in 60 days.

California: Corona-Norco School Board Member facing petitions

Corona-Norco School Board Member Jose Lalas is facing a recall effort over his support for vaccine mandates to combat the spread of the coronavirus, as well as claims of critical race theory. Petitioners would need 6916 signatures by September 2. Lalas has been on the board since 1990.

New Jersey: Hoboken Councilman facing recall efforts

Hoboken Councilman Phil Cohen is facing a recall effort over claims of promoting special interests. There seems to be questions about how the particulars would work, though the signatures required would be 25% of turnout in 160 days). 

The article also looks at some of the recent recall efforts in Hudson County. 

Wednesday, May 25, 2022

California: Almost $9 Million raised for both sides of SF District Attorney recall

Almost $9 million has been raised on the recall of San Francisco District Attorney Chesa Boudin, with $6M going to the recall campaign and $2.7M for Boudin's defense. 

Mission Local's Joe Eskenzai looks at the reason (or lack thereof) for the Boudin recall and what it says about SF politics. 

Florida: Push continues to add recall law for Brevard County school board

A push is going on to enact a recall law for school board members in Brevard County. Public Defender Blaise Trettis is leading the effort, which was rejected by the charter commission.  School board members are the only county elected officials not covered by the recall law.

Texas: Signatures handed in against Denton City Council member

Petitioners appear to have turned in enough signatures for the recall of Denton City Council member Alison Maguire. The recall effort began when Maguire used a meme (Who killed Hannibal?) to complain about the leadership of the County Transportation Authority. Previous articles noted that the recall is part of redistricting which turned it into a more conservative district. Petitioners needed 673 signatures to get on the ballot.

Former Councilmember Dan Duff lead the recall effort. The article also noted that there are complaints about signature gathering too close to the polls, though it is unlikely much will come of that.  

Minnesota: Recall of Robbinsdale City Council member makes the ballot

Signatures have been verified in the recall effort against Robbinsdale City Council member Tyler Kline, after he was charged with drunk driving and fleeing police. The election will be on Election Day in November.

Former Mayor Regan Murphy lead the petitions, which needed 654 signatures in 30 days. 730 were submitted. As Minnesota is a malfeasance state, they need approval to move forward, though I don't see a reference to any case. 


Wisconsin: Green Bay Mayor recall effort fails

The recall effort against Green Bay Mayor Eric Genrich (D) failed, seemingly with no signatures to be handed in. The recall was over accepting donations from a nonprofit to help the city run elections to the coronavirus pandemic. This appears to be part of a nationwide effort to attack election administrations. 

The recall effort is led by David VanderLeest, who lost a State Assembly race in 2012 to Genrich. VanderLeest also ran (and lost) against State Senator Dave Hansen (D) in the 2011 recall.

Petitioners would need over 9700 signatures to get to the ballot.

Monday, May 23, 2022

Wisconsin: Orfordville Village President resigns in face of recall vote

Orfordville Village President Gary Phillips resigned in the face of a recall election (after signatures were handed in). The issue seemed to be charges of overreaching into police department matters, which led to the resignation of the police chief. The replacement race will be held on June 28.

California: Laguna Woods HOA holding upcoming recall vote

Laguna Woods's Third Laguna Hills Mutual (an HOA) will have an upcoming recall election against Board Members Robert Mutchnick and Lynn Jarrett, with a result scheduled for June 3 Mutchnick is running in the replacement race, along with N. Cris Prince, Karen Shore and Jules Zalon.  

Sunday, May 22, 2022

Minnesota: Signatures verified in Two Harbors Mayor recall

It looks like the recall of Two Harbors Mayor Chris Swanson has gotten to the ballot after an earlier issue to the first signature gathering efforts. Petitioners handed in 618 signatures and have 532 valids, they needed 498. The recall is still to be scheduled.

Petitioners previously gathered signatures, claiming they had 970 signatures for the recall, but they pulled those petitions over a lawsuit that would have removed the anonymity for any signers. The suit sought to require the signatures be revealed. 

The recall is seemingly over claims that Swanson used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

There is a separate suit by a Republican County official asking the recall to be tossed out over Minnesota's strict malfeasance standard/judicial recall rules, which has led nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. 

California: LA County Supervisor backs DA recall effort

Los Angeles County Supervisor Kathryn Barger has announced that she is backing the recall effort against District Attorney George Gascon over reports on his zero-bail policy.

Friday, May 20, 2022

California: Polls show District Attorney in trouble; Editorials on Proposition C

New polls have shown that San Francisco District Attorney Chesa Boudin is behind in the recall effort. The SF Chronicle also compiles a list of leading replacement possibilities if Boudin loses the seat. 

There are also dueling editorials on Proposition C, of which I will have quite a bit more to say in an op-ed (hopefully out next week). The San Francisco Chronicle opposes the measure, though it is focused on the fact that it bars replacements from running for election to the seat. The Chronicle also agrees with the proposal's plan to increase the grace period in which a recall would not be allowed from 6 months at the beginning of the term to 12 months, as well as 18 months at the end of the term.

The SF Examiner's editorial is in favor of the Proposition. 

Louisiana: State Representative flip-flop leads to suspension of recall effort

Louisiana State Representative Joe Stagni (R) was facing a recall threat after he voted to sustain a veto of an anti-transgender sports measure (which he has since voted in favor of) as well as not supporting a petition against the governor's emergency powers during the pandemic. The group leading the effort, called RINO Recall, said they are suspending the effort due to his flipping positions.

Michigan: Flint School Board President facing recall threats; petition language rejected

A recall petition against Flint Board of Education President Joyce Ellis-McNeal was rejected for language clarity issues. The recall claims Ellis-McNeal violated policy by voting to reopen contracts. It is not clear who originated the recall. Ellis-McNeal only became the president recently, after previous president Danielle Green was charged with assaulting another board member during a meeting.

UK: Labour threatens to recall MP after harassment conviction

The Labour Party is threatening to launch a recall against MP Claudia Webbe (formerly Labour, now independent) if she does not resign her seat. Webbe received a suspended sentence after she was convicted of harassment for calling her partner's friend and threatening her with acid (and also to release naked pictures and videos of the friend). Webbe is appealing the conviction.

The UK's Recall Law requires a conviction to be used (if the sentence if more than a year, than the MP is automatically expelled, but there was no jail time here). Petitioners would need the signatures of 10% of registered voters in six weeks.

Webbe replaced Keith Vaz as MP. Vaz also was a potential candidate for recall. 


Monday, May 16, 2022

California: Three Willows officials facing recall efforts

Willows Mayor Larry Domenighini, Vice Mayor Garry Hansen and Councilmember Kerri Warren are facing recall efforts over a sewer rate increase on multi-family units and complaints about spending. Petitioners need 768 signatures, with a deadline of May 23 for Domenighini and Hansen and May 28 for Warren.

California: San Diego County Supervisor recall fails

The recall effort against San Diego County Supervisor Terra Lawson-Remer (D) failed. The recall was over her support for efforts to combat the coronavirus pandemic. Petitioners needed over 40,000 signatures by May 12. Petitioners handed in less than 400. 

Texas: Denton City Council member facing petitions

Denton City Council member Alison Maguire is facing petitions, though it is not clear what the issue is (redistricting into a more conservative district seems to play a part in the recall effort). Petitioners need 673 signatures to get on the ballot.

Former Councilmember Dan Duff is leading the recall effort.  


Washington: Judge approves petitions against three Richland School Board members

A judge has approved petitions against three Richland School Board Semi Bird, Audra Byrd and Kari Williams over a vote to make mask mandates optional, which allegedly violates state law that mandated masks to fight the spread of the coronavirus pandemic. They are planning to appeal to the Supreme Court.

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

Friday, May 13, 2022

California: SF Examiner Editorial opposed to Boudin recall

Here

Nevada: Washoe School Board Recall Effort fails

The recall effort against Washoe County School Board Member Angie Taylor failed. Petitioners had to hand in signatures half way through the effort and got 624 out of the 11,000 needed. The recall was backed by Robert Beadles, who also led a failed recall effort against Washoe County Commissioner Vaughn Hartung (R). The petitioner was apparently spreading election fraud conspiracies.

Michigan: Somerset Township Treasurer resigns in face of recall effort

Somerset Township Treasurer Joshua Bice resigned in the face of a recall effort over payments made to a Supervisor for work for the fire department. The petitions were being reviewed for clarity/factualness. 


Wednesday, May 11, 2022

California: Poll shows SF DA trailing in recall vote

San Francisco District Attorney Chesa Boudin is facing some poor poll numbers, with KRON4 reporting that 57% plan to vote for a recall (22% vote in Boudin's favor and 21% undecided).

Here's a San Francisco Chronicle story by Joe Garofoli on one of Boudin's biggest problems -- a lack of an opponent. 

Michigan: Maple Valley Township Supervisor recall scheduled for November 8

The recall effort against Maple Valley Township Supervisor John Schwandt has got enough signatures, with the recall scheduled for November 8. He is facing Daniel Boes, who is running without party affiliation. 

Petitioners handed in 370 signatures and got 294. They needed 274.

The recall is over two votes regarding wind farms. One was a vote in favor of a six month moratorium and the other was the cancellation of a ballot question on wind farms. Schwandt is also facing an opening meeting violation complaint over closing public comments over parking. Presumably, the recalls are from opponents of wind farms. 

There is also a recall effort against Sidney Township Board member Jed Welder over wind farm issues.

Colorado: Rio Blanco County Commissioner ousted

Rio Blanco County Commissioner Gary Moyer was kicked out in a May 10 recall election, 1160-717.  Virginia Love (R) won the replacement race over Terry Smalec, 995-522. Love is also running in the June primary. 

The recall was over complaints of verbally abuse and misusing his power against employees, as well as trying to eliminate the Dispatch Center and a lack of transparency. 

This was apparently the first recall attempt in Rio Blanco County history.

Michigan: Petitions taken out against Bridgman School Board Members

Petitions were filed against Bridgman School Board President Eric Ramso and Trustees Nancy Hawley and Wayne Hall over their support for mask mandates to combat the coronavirus pandemic. One of the petitions has been withdrawn and the other two have been rejected on factualness and clarity grounds.

California: Claims that trial delay taking place due to hopes of new D.A. following Boudin recall

 Here

Michigan: Adams Township Supervisor and Clerk facing recall efforts

Adams Township Supervisor Mark Nichols and Clerk Stephanie Scott (R) are facing recall efforts. The story is behind a paywall, so we'll have to wait for more information. Nichols won office in 2018 in a recall and survived one a year later.

Update: Scott is accused of removing an tabulation from an election device, which has led to a State Police investigation. She was then banned from running the 2021 election.

Friday, May 6, 2022

Michigan: Petition approved against New Buffalo Mayor and Councilman

Petitions have been approved against New Buffalo Mayor John Humphrey and Councilman Brian Flanagan. The issue was a vote in favor of a ordinance banning short-term rentals. Humphrey is also facing a petition over having someone kicked out of a council meeting.

Minnesota: Petitioners pull Two Harbors Mayor recall signatures over anonymity concerns; will restart effort

A lawsuit filed in the Two Harbors Mayor Chris Swanson recall effort has led to petitioners pulling the petition over a potential loss of anonymity for any signers. The suit seeks to require the signatures be revealed. Petitioners claim they have 970 signatures for the recall They need about 450 valids. They are going to try again.

We've seen the issue of anonymity crop up before, with California using anonymity and preventing the revelation of any names of signers and Wisconsin taking the opposite route, leading to problems for some signers. 

The recall is seemingly over claims that Swanson used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

There is a separate suit by a Republican County official asking the recall to be tossed out over Minnesota's strict malfeasance standard/judicial recall rules, which has led nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. 

California: Petitioners claim over 400K signatures in LA District Attorney recall

Petitioners claim that they have over 400,000 signatures for the recall of Los Angeles District Attorney George Gascon. They need 566,857 by July 6. Note that the effort has been a long running affair (with the first set of petitions start last February, though any signatures from then are not counted in this number). 

How many signatures do they actual need? Good question --- and here's my look at the signature failure rate in previous recalls. 

Oregon: Split decision in Banks Fire District 13 Board Members recall vote

We have a split decision in the Banks Fire District 13 recall. Board Member Mark Schmidlin lost his seat by 35 votes out of 1607, with 51.1% against. Ed Ewing survived the vote with only 47.6% voting for his removal. 

The recall was over claims that they failed to quickly investigate claims that the fire chief sexually harassed a minor as well as made racist and sexist remarks.

Illinois: Dolton Mayor sues to stop June 28 recall election

The recall election against Dolton Mayor Tiffany Henyard, set for June 28 recall vote, is now facing a lawsuit, with Henyard claiming the recall is unconstitutional.

The recall does not seem to have signatures handed in, but was rather put on the ballot by the village board. They put two referendums on the ballot, one creates a law allowing the recall of the mayor and the other asking for the recall. 

Henyard faced a previous recall effort when she served as trustee, leading to an appellate court decision that the board cannot remove the official by a board vote but can have a recall. 

The recall is over a slew of complaints: taking a Township Supervisor job that pays $250,000 which seen as a conflict of interest; keeping the board from meeting, paying bills and refusing to show what is being paid, as well as hiring a code enforcement officer who spent 24 years in prison for kidnapping and sexual assault. 

Thursday, May 5, 2022

Michigan: Lawsuit seeks to reinstate signatures in Davison School Board Member recall

A lawsuit is claiming that the County Clerk miscounted 150-200 signatures in the recall effort against Davison School Board Member Matthew Smith Jr. The petitions failed by 96 signatures (Smith is also the chairman of the Genesee County Republican Party). Petitioners handed in 4025 signatures and needed 3698 signatures to get on the ballot. The got 3593. (This article claims it is 38 signatures short).

Smith has been charged with malicious use of telecommunication services (he is accused of harassing the Houghton County Clerk by calling her and threatening to kill her dogs). 


Minnesota: Lawsuit asks court to toss out Two Harbors Mayor recall

A Republican County official has filed suit to toss out the recall of Two Harbors Mayor Chris Swanson

Petitioners claim they have 997 signatures for the recall They need about 450 valids. They recall is seemingly over claims that he used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

The lawsuit is over Minnesota's strict malfeasance standard/judicial recall rules, which has led nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. 

Michigan: Sidney Township Board member ousted in recall

Sidney Township Board member Jed Welder (R) was ousted in a recall vote, losing to Erik Benko 389-196. Turnout was 32%. The Democratic Party did not nominate a candidate. The issue was a vote by Welder in favor of a wind farm.

Petitioners handed in 370 signatures, they got 306 and needed 274. It took three tries to get the language approved. 


Michigan: Lee Township Trustee and Supervisor kicked out in recall

Lee Township Supervisor Kristy Gustafson and Trustee Darla Rippee  were kicked out in Tuesday's recall election, with Gustafson losing to Doug Kruger (875-220) and Rippee losing to Mark List (883-210). Kruger and List were leaders of the recall effort.  The recall was apparently over the closure of the town dump. Rippee attended the meeting on the petition language and was found to have an active case of COVID, ending the meeting.

Wednesday, May 4, 2022

Michigan: Leelanau County Commissioner kicked out

Leelanau County Commissioner William Bunek (R) was kicked out in a recall vote yesterday, losing to Lois Bahle, 786-643. Bahle lost to Bunek in the last two elections. The vote flips control of the County Commission to a 4-3 Democratic majority.

Bunek, who has been in office for 14 years, faced the recall over his efforts to zero out Early Child Services millage. Voters passed that law in 2019, and a 4-3 vote by the council tossed it out.

Sunday, May 1, 2022

Washington: Supreme Court tosses out recall effort against Governor

The Washington State Supreme Court has tossed out an appeal of a Washington State Superior Court rejection of a recall effort against Governor Jay Inslee over steps he took to fight the coronavirus pandemic.

California: Op-ed in favor of assembly bill adding Ranked Choice voting to recall

Here's an op-ed in favor Assembly Bill 2161, adding Ranked Choice voting to the recall law

Oregon: Signatures verified in Central Oregon Coast Fire & Rescue Board member recall, set for June 7

Over 300 signatures have been verified in the recall against Central Oregon Coast Fire & Rescue Board Member Todd Holt (404 turned in, 333 verified) and Kathryn Menefee (403 turned in, 320 verified). Petitioners needed 292 valids. The complaint seems to be over a call by Holt over to a building inspector asking for an inspection of a station and coordinated criticism of the fire chief. The petition effort was led by former board member Peter Carlich, who lost to Menefee.

Update: The two were ousted in the recall vote on June 7, 2022.

Michigan: Petitions filed against Otisco Township Supervisor and Treasurer

Petitions have been filed against Otisco Township Supervisor Desmond Pike and Treasurer Paula Byrne over complaints about spending and passing the same budget as the last year (as well as complaints about office hours and other issues). Former township treasurer Cara Johnson, who lost to Byrne in the 2020 Primary, filed the petitions. All three are Republicans. It sounds like 263 signatures are needed. 

Update: The language was rejected and petitioners are looking to refile the effort.

Friday, April 29, 2022

Colorado: New recall effort filed against Loveland Councilmember

A new recall effort has been filed against Loveland City Council member Don Overcash over his alleged support for developers and votes against motions to discuss potential health impacts ofoil and gas development. Overcash had previously faced a recall effort over an In-N-Out Burger drive-thru and being allegedly hostile to the mayor and two other councilors. 

Overcash lost a mayoral run in 2021. 

Petitioners need 1254 signatures in 30 days. 

Washington: Lawsuit filed against Benton County over recalled Sheriff's behavior

Following the recall and removal of Benton County Sheriff Jerry Hatcher last August, a $22M lawsuit has been filed by deputies against the County for failing to protect them from Hatcher. 

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

Michigan: A look at the eight school board recalls in Berrien County

We've looked at all of these recalls individually, though here is an article noting them as a group. The recalls are being launched by a group opposed to mask mandates put in place to combat the spread of the coronavirus pandemic. 

The recalls are targeting: Watervliet's Bill Spaulding, St. Joseph's Bret Wier and Kathy Weycamp, Lakeshore's Jason Beckrow and Rachel Wade, and Niles Mark Wortham, Kyle Zelmer and David Fish.

Minnesota: Petitioners claim more than double signature requirements for Two Harbors Mayor recall

Petitioners claim they have 997 signatures for the recall of Two Harbors Mayor Chris Swanson, collecting more than 600. They need about 450 valids. They recall is seemingly over claims that he used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

Swanson was one of six Minnesota mayors to endorse Trump in September, which has also led to complaints (though does not seem to be the basis of the recall). 

Minnesota is a strict malfeasance standard/judicial recall state and nearly all petitions (but one!) that I've seen have been rejected at that stage. The City Attorney wrote an opinion that he used the position for personal benefit, which could allow them to overcome the malfeasance standard. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. 

Sunday, April 24, 2022

Texas: Lubbock New Deal Independent School District Board members facing recall effort

A recall effort has been launched against Lubbock's New Deal Independent School District Board Members over claims that they misused over a $1M in public money to compensate a past Superintendent. 

California: Gilroy Councilmember facing recall effort

A recall effort is being launched against Gilroy Councilmember Rebeca Armendariz over a fatal shooting that took place at a party at a house. An investigation found that she didn't fully cooperate with investigators. 

Petitioners would need more than 6000 signatures to get the recall on the ballot.

Thursday, April 21, 2022

California: A look back at the Tehama County recall fight

Here

Alaska: Palmer City Council members losing in early count of recall vote

The early returns show that Palmer City Council members Brian Daniels, Sabrena Combs and Jill Valerius are all losing their recall vote, with 400 more votes to count. The current vote is 250-149 to remove Combs, 253-147 against Daniels and 248-147 against Valerius.

The recall was over claims of Open Meeting Act violations. A fourth member, Julie Berberich, was targeted, but she lost reelection. The violations were claims that they all belonged to one closed Facebook group for Social Justice. Petitioners got 169 signatures.  

Nebraska: More on Gage County Supervisor recall effort

More on the Gage County Supervisor Don Schuller (D) recall effort, with a Beatrice Mayoral candidate pushing the effort. The recall seemed to be over a kitchen sink of reasons, though one is a vote in favor of wind turbines, a big recall issue recently. Schuller is the only Democrat on board (there are seven seats). 

The other issues include a vote against a bill touting 2nd Amendment rights and votes in favor of a 30-by-30 plan and the Kansas-Nebraska Heritage Act. 

Petitioners need 453 signatures in 30 days.

Illinois: Dolton Mayor faces June 28 recall election

Dolton Mayor Tiffany Henyard is facing a June 28 recall vote, which would only be the second that I've seen in Illinois. I don't see the details on the actual details on the recall yet, so hopefully we'll find out more soon enough.

The recall is over a slew of complaints: taking a Township Supervisor job that pays $250,000 which seen as a conflict of interest; keeping the board from meeting, paying bills and refusing to show what is being paid, as well as hiring a code enforcement officer who spent 24 years in prison for kidnapping and sexual assault. 

Wednesday, April 20, 2022

Oregon: Signatures taken out for Central Oregon Coast Fire & Rescue

Signatures were turned in for the recall against Central Oregon Coast Fire & Rescue Board Member Todd Holt and Kathryn Menefee. Petitioners handed in more than 400 and needs 292 valids. The complaint seems to be over a call by Holt over to a building inspector asking for an inspection of a station and coordinated criticism of the fire chief. 

Former board member Peter Carlich (who lost to Menefee) turned in the signatures.

California: Newly appointed Desert Sands School Board Trustee removed after petitions taken out

A recently appointed Desert Sands School Board Trustee Jacob Alvarez was removed after petitions were taken out against him. Because he was recently appointed, the Superintendent could remove him and order a special election (which Alvarez will be running in). There were recall efforts against School Board Trustees Tricia Pearce and Wendy Jonathan over their support of restrictions to combat the coronavirus pandemic (though Jonathan has apparently since said she would oppose vaccine and mask mandates). There are also complaints over ethnic studies curriculum. There are also recall attempts against Trustees Ana Conover, Don Griffith (who resigned and was replaced by Alvarez) and Linda Porras, but the paperwork was incorrect. 

Friday, April 15, 2022

California: Santa Barbara Superior Court Judge facing recall effort

Petitions have been taken out against Santa Barbara Superior Court Judge Donna Geck over complaints about family custody rulings. Petitioners would need 12,683 signatures to get on the ballot in 160 days. 


Thursday, April 14, 2022

Mexico: President easily survives recall vote

Mexico President Andres Manuel Lopez Obrador easily survived his recall vote, winning with about 93% of the vote in his favor. About 17.7% of voters came out to vote, nowhere near the 40% needed to get on the ballot. 

This was an odd recall as AMLO was the real proponent of the self-recall, something he has been pushing since the beginning of his term. AMLO said that he would resign if he lost even if they didn't meet the turnout requirement. It seems the replacement would be chosen by Congress, which is dominated by AMLO's party. Here's a good look at some of the questions about the recall. 

AMLO seems to be hoping to gain strength and support for the last three years of his term and there is quite a bit of debate as to whether he strengthened his position or weakened it (it feels like every take is a political one, so it is hard to get a good grasp). Here's an op-ed I wrote in the Houston Chronicle looking at the subject. 

Oregon: Early results suggest Banks Fire District 13 Board Members in the lead to survive in recall vote

The early results are out in the recall of Banks Fire District 13 Board Members Mark Schmidlin and Ed Ewing, with Schmidlin in a five vote lead to survive (701-706) and Ewing ahead by a significant amount 46.81-53.19%). Turnout is 31%, with votes still able to come in. The recall was over claims that they failed to quickly investigate claims that the fire chief sexually harassed a minor as well as made racist and sexist remarks.

Washington: Three Richland School Board members facing petitions

Petitions have been filed against three Richland School Board Semi Bird, Audra Byrd and Kari Williams over a vote to make mask mandates optional, which allegedly violates state law that mandated masks to fight the spread of the coronavirus pandemic. Because Washington is a malfeasance standard/judicial recall state, a judge would have to approve the petitions as showing a violation of state law. If that happens, petitioners would need at least 5000 signatures each. 

Michigan: Michigan lawmakers look to change law allowing unlimited donations during recall fight

Michigan lawmakers are looking to close the loophole allowing officials to raise unlimited funds during a recall. Previously, a federal judge tossed out a lawsuit over Michigan Governor Gretchen Whitmer (D) ability to raise unlimited funds and keep it for a general election. The rejection was over standing grounds, with the judge holding that the plaintiffs (the state GOP) hadn't shown an injury.

Previously, Secretary of State Jocelyn Benson submitted a filing saying the Governor would have to return money to donors or donated to other sources a

Whitmer was able to raise funds in unlimited amounts, rather than the $7,150 usual limit. Anyone paying attention to the California and Wisconsin recalls will be well familiar with this result. Petitioners would need 1,062,647 signatures to get on the ballot and here's a bill that is being proposed to get the recall law in-line with other campaign finance rules. 

Michigan: Petitions rejected for Niles School Board President and Trustees

Petitions have been rejected against Niles School Board President Mark Wortham and Trustees Kyle Zelmer and David Fish over unclear language (specifically leaving out the title of the superintendent). The recall was over the board members support for mask mandates and other protective measures to combat the coronavirus pandemic. No word on how many signatures are needed.

Michigan: Watervliet School Board President facing petitions

Petitions have been approved against Watervliet School Board President Bill Spaulding over his support for mask mandates and other preventative measures to combat the spread of the coronavirus pandemic. Not sure how many signatures would be needed to get on the ballot.

Michigan: St. Joseph School Board members facing petitions

Petitions have been approved against St. Joseph School Board members Brett Wier and Kathy Weykamp over their support for mask mandates and other preventative measures to combat the spread of the coronavirus pandemic. Not sure how many signatures would be needed to get on the ballot.

UK: Former Tory MP Convicted of Sexual Assault of minor and may face recall effort

MP Imran Ahmad Khan (Formerly Conservative) may be facing a recall after being found guilty of sexual assault of a 15-year-old boy in 2008. Khan said that he will appeal. If the sentence is over a year, he will be expelled, but if it is less than a year, it sounds like there will be an effort for a recall campaign. The UK recall law requires a conviction but a sentence of less than a year in order for a recall to be allowed.

Labour would apparently be favored in the district.

Friday, April 8, 2022

California: Huntington Beach Council members' recall fails due to tossed out signatures

The recall effort against Huntington Beach Council members Kim Carr, Dan Kalmick, and Mike Posey has failed, with petitioners falling about 1000 signatures short for each. Signatures were handed in for the with about 13,966-14,295 per candidates. They needed 13,352 valids for each.

Petitioners had previously failed in handing in signatures for Huntington Beach Councilmembers  Barbara Delgeize, and Natalie Moser, with petitioners not handing in the 13,252 signatures needed.  Councilman Erik Peterson, a conservative, is not facing recall threats and Rhoda Bolton was targeted earlier, but did not hit the end of her term's grace period to start the signature collection effort. 

The issue is claims that they surrendered "local zoning control to the state." One of the leaders of the petition effort is Gracey Van Der Mark, who lost the race for the seat in November 2020 (she came in fourth for the three seats).

Thursday, April 7, 2022

Mexico: Historic Presidential Recall set for Sunday

 Sunday will see the largest recall by population in history, with Mexican President Andres Manuel Lopez Obrador facing the voters in a recall that he seems to be the only one to back and promote. AMLO is expected to easily triumph, as opponents are split on whether to boycott the vote. Proponents would need to get 40% of registered voters to turnout for the recall to qualify, though AMLO said that he would resign if he lost even if they didn't meet the turnout requirement. It seems the replacement would be chosen by Congress, which is dominated by AMLO's party. Here's a good look at some of the questions about the recall. 

Here's an op-ed I for Mexico News Daily wrote on the unusual nature of the AMLO recall. I do not know of another recall where the target was the prime backer. AMLO seems to be hoping to gain strength and support for the last three years of his term. For some of the criticism of the recall, here's a Washington Post op-ed. 

Wisconsin: Failed replacement candidate in Mequon-Thiensville Board of Ed recall loses election

One of the candidates in the Mequon-Thiensville Board of Education member recall, Scarlett Johnson, lost an election to get on the board.

Johnson was one of the losing candidates in the November school board recall, where Wendy Francour beat Cheryle Rebholz (58.75-41.20%), Chris Schultz defeated Scarlett Johnson (58.93-41.05%), Akram Khan beat Kristopher Kittell (58.16-41.76%)  and Erik Hollander defeated Charles Lorenz (59.85-40.11%).

The recall was over distance learning plans to fight the coronavirus pandemic. Though the plans were for the last school year, and petitioners had an election in April, they seemed to focus on it now due to what they claim are results published from opening meeting request. 

Alaska: Palmer City Council members facing April 19 vote

Palmer City Council members Brian Daniels, Sabrena Combs and Jill Valerius are facing a recall vote on April 19 over claims of Open Meeting Act violations. A fourth member, Julie Berberich, was targeted, but she lost reelection. The violations were claims that they all belonged to one closed Facebook group for Social Justice. Petitioners got 169 signatures.  

Oklahoma: Norman Mayor who survived recall effort loses reelection run

After surviving a recall threat in 2021, Norman Mayor Breea Clark lost her reelection race to Larry Heikkila, 53.39-46.61%. 

The recall effort, which failed after a number of signatures were tossed out, was is over a vote to cut the police department's proposed budget by $865,000 (it appears not to be an actual cut -- the police wanted a big increase and got only a smaller one). There are also complaints about the council's push to require masks to stave off the coronavirus.

Oregon: Banks Fire District 13 Board Members take the offensive against recall scheduled for April 12

Banks Fire District 13 Board Members Mark Schmidlin and Ed Ewing are battling back against their recall vote on April 12 over claims that they failed to quickly investigate claims that the fire chief sexually harassed a minor as well as made racist and sexist remarks. 

Canada: Alberta Proposal looks to change recall law

This would open up recalls to MLA's (I believe, not clear from the story itself). If this advances, will have some more details. 

Colorado: 12th Judicial District Attorney (Alamosa/San Luis County) facing recall effort led by Mayor

Alamosa/12th Judicial District Attorney Alonzo Payne is facing a potential recall effort over complaints of being soft on crime. The Secretary of State is reviewing grounds for the recall, The petitions were taken out by Alamosa Mayor Ty Coleman. Petitioners would need 3996 signatures to get on the ballot.

Here's some further complaints.

Illinois: GOP Rep. proposes recall law for Cook County State's Attorney

This seems like what would be a fairly odd piece of legislation, as State Representative Chris Bos (R) proposed a law to allow a recall of County State's Attorney Recall Act, targeting Cook County State's Attorney Kim Foxx over her prosecutorial decisions. The act does not hit any other officials. 

California: More on the big donors for the SF District Attorney recall effort

Here

Oregon: Two Alesa School Board members ousted

Alesa School Board Chair Ron Koetz (201-157) and Vice Chair Jeff Davis (196-160) both apparently lost a recall race on Tuesday (though the results won't be announced to April 25rh). The two voted to approve a resolution calling for masking to prevent the coronavirus pandemic to be optional, which was in contravention of the state mandate. 

Davis was on the board for 12 years, Koetz 7. Marc Thielman, the former Superintendent who pushed for the resolution has resigned to run for the Republican nomination for Governor.

Friday, April 1, 2022

California: PPIC Poll on Recall Reform measures

None seem like they are doing all that well. Let's see what happens.

Maine: Kennebunk School Board Member easily survives recall vote

Kennebunk School Board (RSU 21) Member Timothy Stentiford survived a March 29 recall vote, 1716-516. The issue appeared to be a recent teacher contract and claims of bullying.

A Superior Court Justice had to decided whether the recall should follow town charter provisions, not the state school board ones.

Petitions were also taken out against Chair Arthur LeBlanc, with petitioners missing by one signature (they got 664). Petitioners, including former board member Norman Archer, handed in 697 signatures and verified 668, though that was lowered to 665. They needed exactly that.

Wisconsin: Green Bay Mayor facing recall effort

A recall effort has started against Green Bay Mayor Eric Genrich (D) for accepting donations from a nonprofit to help the city run elections to the coronavirus pandemic. This appears to be part of a nationwide effort to attack election administrations. 

The recall effort is led by David VanderLeest, who lost a State Assembly race in 2012 to Genrich. VanderLeest also ran (and lost) against State Senator Dave Hansen (D) in the 2011 recall.

Petitioners would need over 11,000 signatures to get to the ballot.

Louisiana: Petitioners approaching signature total in Oakdale mayor recall

Petitioners claim to be only 350 signatures away from hitting the mark for the recall of Oakdale Mayor Gene Paul over revelations that the city clerk stole $897,000. The clerk has since died. Petitioners would need 934 signatures in 180 days. 

Minnesota: Petitioners claim to have signatures for recall of Two Harbors Mayor

Petitioners claim they have enough signatures for the recall of Two Harbors Mayor Chris Swanson, collecting more than 600. They need about 450 valids. They recall is seemingly over claims that he used a podcast to discuss an underwater hotel in Lake Superior, thereby using his title as mayor to attract investors, and plans to fund city projects with cryptocurrency. 

Swanson was one of six Minnesota mayors to endorse Trump in September, which has also led to complaints (though does not seem to be the basis of the recall). 

Minnesota is a strict malfeasance standard/judicial recall state and nearly all petitions (but one!) that I've seen have been rejected at that stage. Interesting provision in the charter -- if there are less than two years in the term, the council appoints a replacement. If there are more, than there is a special election. 

Malaysia: Push for recall election provision as part of anti-party hoping law

Here