Monday, September 22, 2014
Idaho: Lacelede Water District Director drops appeal of recall
Laclede Water District director Harvey Hallenbeck, who was trounced in an august 26 recall 114-10, has dropped his attempted appeal over the claim that the petitioners did not get enough signatures. The issue was the number of signatures needed for the ballot, Bonner County Clerk claimed that petitioners only needed signatures from 20% of the electorate, as there was no election being held within the last six years. Hallenbeck claimed that the key year was 2010, which would have required 50% signatures in the district,
Friday, September 19, 2014
Louisiana: Gonzales councilman signatures handed in
Petitioners handed in over 2700 signatures to recall Gonzales councilman Gary Lacombe. Petitioners need 2,145. There is also an attempt to recall councilman Timothy Vessel.
Petitioners claim to be focused on votes decreasing police funding, in opposition to Mayor Barney Arceneaux’s proposed budgets.
California: Modesto Councilwoman petitions due on Monday
The recall attempt against Councilwoman Jenny Kenoyer must hand in 3385 valid signatures by Monday to get on the ballot. The issue seems to be an anti-urbanization -- Kenoyer voted on a plan to include a farming enclave in Modesto's general plan.
Illinois: Republican Gubentorial candidate unveils recall law plan
Bruce Rauner, the Republican Gubernatorial candidate in Illinois, has put out an ethics proposal that includes a recall for state legislators. The article notes that most legislators are on a 2 year term, so the impact is not as large.
Rauner's plan expands on Illinois' "barely there" recall that simply hit the governor and still required the consent of some legislators. Rauner's plan doesn't explain how he would change the recall (would it be a political recall or a malfeasance standard one, etc.), so nothing really to report yet.
Michigan: Supreme Court refuses to hear appeal in Benton Harbor recall -- impact on signature gathering laws in the state?
The Michigan Supreme Court refused to hear an appeal in the Benton Harbor recall case, effectively killing the recall. This leads to some obvious questions about the possible impact of the Court of Appeals ruling in this case.
For some recap here, the recall attempt was started against Mayor James Hightower. Petitioner Edward Pinkney appeared to hand in enough signatures to get on the ballot, but Pinkney was found to have allowed people to sign twice and changed the dates on some of the signatures (Michigan law is unique it gives petitioners a 180 day window to use a petition once the petition is approved, but they only 90 days to actually collect the signatures in the time period. So once the first signature is collect, the 90 day clock is running). Pinkney (who has previously been convicted of election law violations) is now facing criminal charges for the forgeries.
Berrien County Clerk Sharon Tyler (who is now facing petitions) threw out 21 signatures of people who had the dates changes and of people who double signed. Tyler did not limit her ruling to one signature -- she threw out both signatures from people who double-signed.
Her ruling was overturned by a state court judge, who rejected the idea that when a voter signs twice, both signatures must be thrown out. The amount signatures reinstated was enough to get the recall back on the ballot. However, this decision was overturned on appeal (no written ruling) and apparently upheld by the Supreme Court of the state.
It is not clear if this ruling has any impact on signature gathering beyond this case. It seems to require a much harder standard of care for signature gatherers. I don't think other states have that law. The question is whether someone will try and apply it more broadly in Michigan.
For some recap here, the recall attempt was started against Mayor James Hightower. Petitioner Edward Pinkney appeared to hand in enough signatures to get on the ballot, but Pinkney was found to have allowed people to sign twice and changed the dates on some of the signatures (Michigan law is unique it gives petitioners a 180 day window to use a petition once the petition is approved, but they only 90 days to actually collect the signatures in the time period. So once the first signature is collect, the 90 day clock is running). Pinkney (who has previously been convicted of election law violations) is now facing criminal charges for the forgeries.
Berrien County Clerk Sharon Tyler (who is now facing petitions) threw out 21 signatures of people who had the dates changes and of people who double signed. Tyler did not limit her ruling to one signature -- she threw out both signatures from people who double-signed.
Her ruling was overturned by a state court judge, who rejected the idea that when a voter signs twice, both signatures must be thrown out. The amount signatures reinstated was enough to get the recall back on the ballot. However, this decision was overturned on appeal (no written ruling) and apparently upheld by the Supreme Court of the state.
It is not clear if this ruling has any impact on signature gathering beyond this case. It seems to require a much harder standard of care for signature gatherers. I don't think other states have that law. The question is whether someone will try and apply it more broadly in Michigan.
Sunday, September 14, 2014
Colorado: Durango Natural Food Co-op Board must schedule upcoming recall vote
Durango Natural Foods Co-op Board, including Board President Geoff Wolf, is facing an upcoming recall vote over their discussion to merger with another, much larger, food co-op. Petitioners needed 10% of active members signatures (sounds like it would be in the neighborhood of 130 signatures). They got 14.3%.
Michigan: Three more petitions filed against Berrien County Clerk over Benton Harbor ruling
Berrien County Clerk Sharon Tyler is now facing three more petitions over her decision to reject the Benton Harbor Mayor recall signatures, a decision that was upheld by an appellate court (after effectively being overturned by a district court). One of the petitioners, Edward Pinkney, has already filed three recall petitions before, but all were rejected on clarity/factualness grounds.
Pinkney is facing criminal charges for his actions in the mayor recall. He is accused of changing the dates on the signatures (election forgery) and allowing people to sign more than once (a misdemeanor). Pinkney has already been convicted of other election law violation in 2005.
Pinkney is facing criminal charges for his actions in the mayor recall. He is accused of changing the dates on the signatures (election forgery) and allowing people to sign more than once (a misdemeanor). Pinkney has already been convicted of other election law violation in 2005.
Saturday, September 13, 2014
Nevada: Five Ely Council members hit with petitions
Petitions have been filed against Ely City Council members Sam Hansen, Marty Westland, Randy Lee, Dale Derbidge and Bruce Setterstrom. Mayor Melody Van Camp will be targeted once her term hits six months. Petitioners need 25% of turnout (which ranges from 198-215). The issue seems to be how members of the council got into the Nevada Northern Railway's offices for an audit (a County Commissioner got in through a second story window). The council claims the Railway owes a significant amount to the city.
California: Maywood Mayor/Councilwoman recall petitions to get back on the ballot
After election officials threw out the recall attempt against Maywood Mayor Oscar Magaña and City Councilwoman Veronica Guardado, petitioners are now looking to the courts to get the recall restarted. The recall effort is led by Ramon Medina, who has lost four runs for the city council and a former council member, who lost in November. The issues appear to be leasing the community center to the YMCA and allowing a motel to be built.
Petitioners claim they handed in 5,300 signatures, though the city clerk claimed that petitioners used improper forms and using non-resident petitioners. The City Councilwoman noted that the recall would cost approximately $100,000.
Petitioners claim they handed in 5,300 signatures, though the city clerk claimed that petitioners used improper forms and using non-resident petitioners. The City Councilwoman noted that the recall would cost approximately $100,000.
Friday, September 12, 2014
New Mexico: Bernalillo County Treasurer recall fails
Bernalillo County Treasurer Manny Ortiz recall over his failed investment strategy that cost over $16 million. Petitioners needed 82,400 signatures, they claimed to have gotten less than 5,000.
Utah: Grand County Council Chairman recall fails to turn in signatures
The recall attempt against Grand County Council chairman Lynn Jackson appears to have failed, with no signatures turned in. Petitioners needed 580. There is a debate on the deadline, with one of the top recall supporters claiming that it is September 20. The problem is more about scheduled the recall for the upcoming election, not how long is needed for recalls. The overall issue of the recall seems to be Jackson's support for environmental positions.
Massachusetts: Questions surrounding the Fall River recall
Great piece by Mike Moran on the questions that are arising out of an unclear recall law.
Texas: Brewster County's tax law subject to recall petition
An apparent mistake in Brewster County’s new tax rate has led to what they are calling a recall of the law:
The state provides for a recall election upon receipt of a petition by 10 percent of registered voters in the county if a tax rate increases revenues by more than eight percent. It is based on revenue increases, not the rate itself.
In Brewster County, if 10 percent of the 6,946 registered voters sign the petition, it will trigger a county election. Braun said her goal is 800 signatures. Then, if voters approve the rollback, the county would have to lower the tax rate.
New Mexico: Impossible recall law leads to no confidence ordinance
Alamogordo City Commissioners passed a law allowing for no confidence against city officials, something that seems to have erupted over eight hostile work environment claims filed against the mayor.
This is a particularly useful point:
This is a particularly useful point:
Hernandez said the process of a recall election is almost impossible to get accomplished due to the amount of signatures that had to be submitted and the amount of action required to be taken. He pointed out the difficulty of recall elections made it hard to hold a commissioner accountable.
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