California: Santa Clara County Superior Court Judge facing recall threats

Santa Clara County Superior Court Judge Aaron Persky is facing a threatened recall over his sentencing of a Stanford University swimmer/student Brock Turner to a six month jail for rape. Already, a Stanford law professor is suggesting she will lead one, and an online petition that has garnered over a million signatures (none count toward a recall). The petitioners need an unclear number of signatures which may be almost 59000, but could be much more. They also likely will not be able to start until April.

The petitioners will face a few serious problems with their recall effort. The first obvious one is that 80920 or 59000 signatures are both a hell of a lot. Of the tens of thousands of recalls that have occurred in the US, only a handful have needed more signatures – the most prominent among those were three Governors, a Lieutenant Governor and two Mayors of Los Angeles.

The other problems are more specific – it involves the grace period. California law does not allow a recall in the last six months of a term unless the official is appointed or in the first three months of a new term. Persky is up for reelection in November. While Persky was first appointed to the office, he was elected six years ago. Even if they could collect the signatures today, the recall would not be allowed.

Then if he is reelected – and that’s a good bet, as he is running unopposed -- petitioners would have to wait three months from the start of his term before starting the collection process. Now, we've seen questions on when the grace period ends crop up in an attempt against the San Francisco Mayor. Almost certainly, the signature gathering won't start till April. By then, anger may have cooled and people’s attention may wander. This has happened many times in the past.

This grace period and the fact that he is running unopposed is part of the reason we aren't completely sure about the signature totals. California law holds that the signatures required must equal be 20% of the total vote cast for the countywide office which has the least number of votes in the most recent general election.

The Registrar stated it was 80920 then changed that to almost 59000 based on a different calculation. If there is no countywide office up for election in November, then it will be the almost 59,000 signatures. However, it is not clear if any judge will be facing an election or if a court would rule that it is a position that is positions that are larger than countywide (such as Senator or President), and just includes the votes in the county. It is not a likely interpretation, but it certainly may lead to a lawsuit. If so, the election in 2016 will have a higher voter turnout (all presidential elections do).

Let's now get to some history here:

As we've discussed before, recall of judges almost never happen. There's been plenty of threats including one against an Orange County Superior Court Judge last year and one in Nevada where we are still waiting for the Supreme Court to rule on whether the judge would face a recall (here's another in Montana). The last recalls of judges we've seen in the country took place in Wisconsin back in 1977 and 1982. Much as with Persky, those recalls were about sexual assaults, though the recalls were due to incredibly inappropriate comments from the bench. In 1977, Judge Archie Simonson was tossed out by voters after both handing down extremely lenient sentencing for a rapist and making negative comments about women and rape victims from the bench. This was followed in 1982 when Judge William Reinecke survived a vote despite disparaging comments about a five-year old sexual assault victim. Note that there are many retention elections that are incorrectly described as recalls -- most notably California Supreme Court Chief Justice Rose Bird, Cruz Reynoso and Joseph Grodin and three Supreme Court members in Iowa.

The last recalls of a Judge in California were three that took place in 1932 against Los Angeles Superior Court Judges John L. Fleming, Dailey S. Stafford and Walter Guerin. All three were removed.

Using the recall against a judge has always been controversial. California's recall law almost floundered over this issue back in 1911 – a late-breaking state Supreme Court scandal proved decisive. On the national level, President William Howard Taft vetoed the Arizona constitution over a recall of judges’ provision and the recall of judges was one of the key flash points in the Taft- Theodore Roosevelt split in 1912.

We'll see if social media can keep the fires burning long enough to get this recall on the ballot.

New Jersey: Is Bayonne recall "gross miscalculation"?

Interesting discussion of Bayonne Mayor James Davis recall -- it notes that the change in law for how many signatures are required to get a recall on ballot from voter turnout to registered voters has killed the use of the recall in Hudson County (and though not mentioned, really in New Jersey as a whole). There have been only two successful ones in in Hudson County -- one in North Bergen, one in West New York that resulted in the same official winning reelection.

The result is that the recall against Davis seems like a waste of time that could have been used to have taken power in other ways.

Colorado: Post-recall Jefferson School Board praised for end of strife

Here

California: Former Yorba Linda Water District Board Member calls for recall of current board

A recent water rate hike and an alleged lack of transparency has led former Board Member Mark Abramowitz to call for a recall.

Massachusetts: Shirley recall provision signed by Governor

Shirley's recall law has been signed by the Governor, giving the town the right to recall Selectmen. A recent fight over a COLA increase for the town administrator seems to have precipitated the push for the new law.

Wisconsin: Sevastopol School principal resigns while board members face recall

Sevastopol School Board Members Bill Behme and President Sue Todey are facing a recall as the school principal who was the target of an investigation resigned. The board previously refused to renew the principal's contract. Petitioners need 740 signatures each.

This is the second recall effort in Sevastopol. A previous attempt to recall board member Jay Zahn and Jane Luebker did not hand in the signatures.

Massachusetts: Norwell Selectmen vote to send recall bylaw to voters

The recall law requires a conviction, admission of a crime or a lack of attendance ( less than 50% of meetings).

10 Petitioners need to make a complaint in person, than they need 10% of registered voters signatures in 60 days.

Oregon: Fairview Mayor and two councilmembers hit with recall effort

Fairview Mayor Ted Tosterud and Councilmembers Ed Bejarana and Tamie Tlustos-Arnold are facing petitions filed by two former city councilors (Ted Kotsakis and Steve Owen). There doesn't seem to be a listed reason yet for the recall effort, though Kostaskis quit part way through his term in 2015. Owen was the senior member of the council, quit two months later. The two councilmembers facing the recall were appointed to replace them. Tosterud was a strong supporter of Kotsakis.

Tlistos-Arnold is the Republican nominee for an Oregon State Senate seat.

Petitioners need 419 signatures.

Venezuela: National Electoral Council postpones meeting on whether to allow recall

The recall effort against President Nicolas Maduro, which has collected 1.85 million signatures (they need 197,000) is waiting for the National Electoral Council to hold a meeting with opposition leaders.

Electoral authorities claim that 10,000 of the signatures are forgeries, but that is thought to be a delaying effort. If the election is delayed until 2017 a deputy gets the position, rather than have a replacement race.

Petitioners still need 4 million signatures if they get past this stage.

Michigan: Lowell Mayor recall on November 8 ballot

The recall against Mayor Jeff Aloft is on the November ballot, with an issue of Aloft's vote voting to hire a special legal counsel. Aloft is his second term. -- Lowell Light & Power Board Chairman Greg Canfield is running against him.

Nevada: Activist who led effort against Republican Speaker indicted

Some fallout from the efforts against the Republican Speaker in 2015, which led to a failed recall attempt. Here, one of the Republican activists, Tony Dane, who owned a robocalling business was indicted on 11 felony charges.

Arizona: Signatures handed in for recall of Acacia Councilwoman

Signatures were handed in against Councilwoman Vicki Hunt. Petitioners need 478, they handed in 798 and hope to be on the November 8 ballot. The issue is "increasing costs to taxpayers" and transparency and financial waste.

California: Lake Forest Recall effort fails

The attempts to recall Mayor Andrew Hamilton, Mayor Pro Tem Scott Voigts and Councilman Dwight Robinson over claims of corruption due to a road project, failed. Petitioners needed 7882 signatures for each. They handed in 8228 for Hamilton, 6690 were verified, 8240 for Robinson of which 6642 were good, and 8170 for Voigts, of which 6634 were valid.

The councilmen claim that two other council members, Adam Nick and Jim Gardner, led the recall effort.

The signature check cost $3.40 per signature, so it will cost the $84,000.

Colorado: Thorton Councilwoman recall attempt fails

The attempt to recall Thorton Councilwoman Janifer Kulmann failed. Petitioners needed 1600 signatures, and did not hand in any. The issue was that Kulmann worked for as a professional engineer for Noble Energy.

Connecticut: Stratford Town Council recall looks to be heading to court

The recall effort against Council Chairwoman Beth Daponte is facing a legal fight, as the Town Attorney is claiming that the recall is illegal under state law. We'll see if this goes anywhere.

Virginia: Recall efforts against Norfolk City Treasurer and Portsmouth Mayor both coming to finish line

The campaign against both Norfolk City Treasurer Anthony Burfoot (4353 signatures) and Portsmouth Mayor Kenneth Wright (7788 signatures) are coming to then end, with petitioners claiming that they should have enough signatures to get the recalls on the ballot.

Wright would face a recall vote, but Burfoot would be under state law, and have to face the rarely used recall trial. We're waiting in anticipation.

California: SF Mayoral recall attempt rejected based on timing

The Department of Elections has rejected an attempt to recall Mayor Ed Lee until July over a timing issue, which petitioners claim will make it very hard to get on the November ballot. SF has a six month grace period between elections and the start of a recall. The petitioners are claiming that Lee was appointed in 2011, but since he was just reelected and the recall is only referring to the most recent election, the Department is undoubtedly going to prevail here. We've seen this before (notably Portland's Mayor) and I can't see any court ruling otherwise.

Petitioners need about 44,718 signatures to get the recall on the ballot.

Virginia: Signs touting recall of Portsmouth mayor being ripped down

The effort for a recall of Portsmouth Mayor Kenny Wright is facing trouble as signs pushing for the recall are disappearing. Petitioners claim that they have over the 7778 signatures needed for a recall.

Michigan: Former Cottrelville Township Supervisor fined for violating open meeting laws

Former Cottrelville Township Supervisor Kelly Fiscelli, who lost a recall over open meeting violations (and a DUI, and living outside the district) was fined $750 and costs and attorneys fees for cutting short the comment periods of three defendants in May 2013.

New Jersey: Petitions approved against Bayonne Councilman

Petitions were approved against Councilman Sal Gullace by the same group looking to remove Mayor Jimmy Davis. Petitioner needs 2569 signatures by November 2.