Recall news
From Ballotpedia
Recall news headlines:
Wisconsin recall group questions mass mailer by suburban-Milwaukee Mayor
By Kyle Maichle
NEW BERLIN, Wisconsin: Concerned Citizens of New Berlin is asking the Waukesha County District Attorney to investigate if a mass mailer sent by Mayor Jack Chiovatero improperly used taxpayer resources[1].
The group is asking District Attorney Brad Schimel to examine if the mailer Chiovatero used to attack other city council members was illegal because the piece was sent from the Mayor's office. The attack mailer produced by Chiovatero accused the previous Mayor and other city council members of not fixing problems in the City Center district[1]. A low-income housing complex was originally planned in the controversial redevelopment project that was eventually denied by the New Berlin City Council[2].
Also, Concerned Citizens for New Berlin questioned the timing of the Mayor's direct mail piece. According to a press release issued by the group, they suggest that Mayor Chiovatero's conduct was reprehensible when he attacked other city council members under the threat of a recall.
Group members are planning to gather signatures in order to recall Chiovatero for his initial support of the City Center project. 5,000 signatures are required to force a recall election on the Mayor[3].
Mississippi Legislators do not pass recall law
By Kyle Maichle
JACKSON, Mississippi: Legislators in Mississippi ended session on May 3, 2010, without passing recall legislation[4] [5].
Senate Bill 2102 would have allowed citizens in Mississippi to recall elected officials at the local level. In addition, the bill would have allowed citizens to recall school board members[6]
The bill died in committee without seeing a vote in either house of the Legislature[6].
Virginia mayor Holley achieves dubious distinction: Most recalled politician in the United States
PORTSMOUTH, Virginia: By a two-to-one margin, voters in Portsmouth, Virginia on Tuesday, July 13, 2010 gave soon-to-be-ex-mayor James Holley the dubious distinction of being the only politician in the United States currently known to have been recalled twice from office.[7]
The July 13 vote to remove Holley from his post as Mayor of Portsmouth was scheduled after over 9,000 signatures on recall petitions were submitted to election officials in early May 2010.[8][9] Holley had two years remaining on his current term as the city's mayor when the July 13 recall vote took place.[10] The term from which he has now been recalled was his fifth term as mayor.[9]
- Votes to recall Holley: 10,721 (68%)
- Votes to keep Holley: 5,154 (32%)
The recall campaign was motivated by the allegation that Mayor Holley used a city assistant for personal tasks.[11] Local resident Dolores Knight, who began the recall effort, said,"It’s been a lot of people calling me. I just knew something needed to be done."[9] The Virginian-Pilot also reported that the Portsmouth Cit Council fined Holley $2,500 for allegedly mistreating assistants and asking them to perform personal tasks for him. In one instance, the mayor's personal assistant Lorraine Stokes said that the mayor had a asked her to perform approximately 44 personal tasks - listed here. To the accusations Holley said it was "probably a bad, bad decision that I made. I've been forgiven before, so I look forward to your forgiveness again."[12]
Holley was first recalled from his position as mayor of Portsmouth in 1987. At that time, he achieved his first dubious distinction as the first mayor in Virginia to be recalled.[12]
New Mexico legislators do not pass recall during legislative session
By Kyle Maichle
ALBUQUERQUE, New Mexico: During a short legislative session from January 19 to January 18, 2010, New Mexico legislators considered a bill that would allow citizens to recall elected officials[13].
House Joint Resolution 11 would have allowed New Mexicans to recall members of Congress, statewide constitutional officers, and members of the New Mexico State Legislature. The signature requirements would have allowed a recall with signatures coming from twenty-five percent of voters who voted in the last election for the office in question[14].
The Resolution failed to advance out of committee and did not see a up or down vote in either House of the Legislature[15].
New York Legislators end session with no initiative bills passed
By Kyle Maichle
ALBANY, New York: The New York Legislature ended its regular session on June 21, 2010, with no initiative legislation signed into law during the 2009-2010 session[16] [17].
A total of 21 pieces of legislation were considered during the 2009-2010 session. Both the Assembly and the Senate considered their own versions to implement citizen initiative for state statutes, amendments to the New York Constitution, recall, and vetoing legislation by referendum. Also, a constitutional convention amendment was considered during the past legislative session[18].
All proposed legislation did not advance out of committee as the state has been dealt with a serious fiscal crisis during most of the legislative session that has prevented initiative legislation from being considered at all[19]. The Legislature is currently in a extraordinary session to deal with the budget crisis[20].
Indiana legislators wrap-up session with no initiative legislation passed
By Kyle Maichle
INDIANAPOLIS, Indiana: Members of the Indiana General Assembly ended their session in March without passing any initiative legislation.
Two pieces of initiative legislation were considered in the past session. The most notable piece considered was House Bill 1137 which would allowed citizens to recall elected officials. The proposal allowed for recall of any statewide or local political subdivision officer with the signature requirement set at ten percent of votes casted in the last election for local and state legislative races and ten percent of votes casted in the last election for Secretary of State for statewide races[21]. The bill died in committee without seeing any floor votes in the General Assembly[22].
The other piece of legislation that was considered was Senate Bill 324. The bill would have allowed a mandatory summary of proposed amendments to the Indiana Constitution. The requirements in the bill called for a voter information guide to be published 105 days before the general election[21]. The bill passed the Indiana State Senate on February 2, 2010, by a vote of 48 to 2. However, the bill did not advance out of committee in the Indiana House[23].
Capistrano Unified recall election certified for November ballot
SAN JUAN CAPISTRANO, California: A vote about whether to recall Ken Lopez-Maddox and Mike Winsten from their positions as trustees of the Capistrano Unified School District in Orange County has been scheduled on the November 2, 2010 ballot.[24]
The recall effort was launched in January 2010.[25] 65,903 signatures were submitted to election authorities on May 14.[26]
A group called "Parents for Local Control" is sponsoring the recall effort with the backing of the local teacher's union. When the recall election was certified, they issued a statement saying, "The voters of south Orange County are highly motivated to remove and replace both Ken Maddox and Mike Winsten from the CUSD Board of Trustees at the earliest possible opportunity."[24]
In response to the certification of the recall vote, recall target Mike Winsten said, "It's one thing to get a recall election certified; it's quite another to convince the voters to un-elect someone they previously elected by a 65 to 35 percent margin. The demographics of this district don't support the public employee union agenda, and that was obvious (during the strike) to everyone with eyes wide open."[24]
Lopez-Maddox said, "I understand the teachers union is dissatisfied with their (imposed employment) contract, but it's my responsibility to put the children of the school district first. Every day the news from Sacramento gets worse. It is my responsibility to make sure our school district remains solvent and do all I can to protect programs important to children and their parents."[24]
The November recall vote is the third recall vote in Capistrano Unified in the last several years.
Judge clears way for Suarez recall vote
RIDGEFIELD, New Jersey: On June 15, 2010, Superior Court Judge Robert Wilson ruled that Ridgefield clerk Linda Prima had improperly invalidated a number of signatures on a petition to recall Mayor Anthony Suarez. When the improperly invalidated signatures were added back to the total of valid signatures, the judge said, there are clearly enough signatures to force a recall vote on the indicted mayor.
According to Judge Wilson, "...while some of the signatures may have been validly rejected, the Petitioner has nonetheless substantially demonstrated that they obtained the requisite 1,451 to compel a Recall Election."[27]
Recall efforts started after Suarez and approximately 40 other New Jersey politicians were arrested in July 2009 after a federal investigation revealed evidence of corruption and money laundering. Specifically, Suarez faced charges of accepting an illegal $10,000 payment.[9] His federal corruption trial is set to start in September 2010.
Suarez was arrested for allegedly taking bribes from Solomon Dwek. Dwek, who was in reality a federal informant, posed as a developer on the take.[28]
Signatures filed to recall indicted San Jacinto council members
SAN JACINTO, California: The San Jacinto Corruption Recall Active Movement (SCRAM) submitted signatures on June 1 in the hopes of forcing a recall election on four members of the San Jacinto City Council who are under indictment. For each recall target, about double the required number of 2,815 signatures was submitted.[29]
City Council members Jimmie Dale Stubblefield, Jr., John Mansperger, James Potts and Jim Ayres are targeted in the recall effort. The four politicians were indicted in November 2009 in a corruption probe launched by Riverside County District Attorney Rod Pacheco. The allegations in the indictment are that they laundered "tens of thousands of dollars in campaign money as well as tax fraud, bribery, perjury and filing false government documents."[30]
Number of submitted signatures:
- Signatures to recall Jim Ayres: 4,874
- Signatures to recall John Mansperger: 4,832
- Signatures to recall Jim Potts: 4,884
- Signatures to recall Dale Stubblefield: 4,909[29]
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California businessman arrested for conspiring to secretly fund recall campaign
LAKE ELSINORE, California: Businessman Michel Knight has been arrested "on suspicion of conspiring to hide his financial involvement" in the unsuccessful effort to recall Thomas Buckley from the Lake Elsinore City Council in .[31] The election about whether to recall Buckley took place on February 23, 2010.
Knight owns Trevi Entertainment Center, a bowling alley and arcade complex, in Lake Elsinore.
Knight was arrested by Riverside County district attorney's investigators. He is charged with perjury, filing false documents and violating campaign disclosure requirements, as well as conspiracy to commit those particular crimes. If convicted on all six charges, he could be sentenced to as many as five years in prison.
Recall target Buckley believes that Knight "engineered and bankrolled" the recall campaign because of Buckley supported revoking a live-entertainment permit at Trevi.
Mayoral recall petitions in Houston, Alaska miss a beat
HOUSTON, Alaska: A clerical error in the petitions that were circulated to force a recall election of Roger Purcell means that even if voters turn Purcell out of the mayor's seat, he will still be seated on the Houston City Council.
Houston City Clerk Steve Cunningham says he is responsible for the clerical error.[32]
Mayors in Houston are first elected to the city council and then chosen by their fellow city council members to be mayor. Thus, it is possible to remove a person from the position of "mayor" and not simultaneously recall that person from his or her position on the city council. In order to recall Purcell from both the mayoral seat and his position on the city council, the petitions would have had to mention both positions, according to the current understanding of the situation from area election officials.
Voters in Michigan, 6 other states, weigh in on local ballot measures May 4
LANSING, Michigan: Voters in twenty-eight counties are heading to the polls today to cast their votes on various local issues. Three school board recalls are on the ballot along with the majority of issues being about local school taxes or bonds. Most of the school property tax issues deal with renewing the property tax on non primary residency properties. Schools are hopeful throughout the state that their issues will be passed by voters this time around. Along with the vote in Michigan, local elections are being held in California, Indiana, Maryland, Montana, North Carolina and Ohio.
Not all local elections have been posted or listed online.
New Jersey Supreme Court accepts recall case
By Kyle Maichle
TRENTON, New Jersey: The New Jersey Supreme Court on April 28, 2010 accepted a case filed by The Committee to Recall Robert Menendez from the Office of U.S. Senator. This means the state's highest court will determine if a member of the United States Senate can be recalled under New Jersey law.
In what will be considered the first ever major court test for the New Jersey Uniform Recall Law, the Supreme Court must decide if a article from the U.S. Constitution that exempts Senators from recall could trump state law.
The New Jersey Supreme Court wrote in its ruling accepting the case: "the Supreme Court must resolve the constitutionality of New Jersey's recall provisions now in order to avoid real harm to the state, Senator Menendez, and the citizens of New Jersey."
Oral arguments will be heard on May 25, 2010[33].
Antonio Villaraigos recall campaign launched
LOS ANGELES, California: An effort to recall Antonio Villaraigosa from his position as Mayor of Los Angeles, California has been launched by activists who are concerned about his leadership of the city, especially when it comes to financial management.[30]
Villaraigosa is currently serving in his second four-year term as the city's mayor, having been elected most recently in March 2009 in an election in which only 9.6% of eligible voters cast a vote.[34]
If Villaraigosa is not recalled, his current term will end in 2013.
Walter Moore, Phil Jennerjahn, David Hernandez and Augusto Bisani are leaders in the recall effort.[30]
Hernandez says that Villaraigosa should be removed from office because he failed to heed warnings that the recession would come to Los Angeles, and therefore failed to plan for it. Hernandez believes that the amount of services being cut, the layoffs taking place and the city's spending are a "total abuse of the position" of mayor and are a natural result of Villaraigosa failing to understand fiscal prudent management.[35]
Other reasons given by supporters of the recall focus on problems with the Los Angeles city budget.
- The city's spending has increased 32% during Villaraigosa's first 5 years in office from $5.3 billion to $7 billion.
- 10% of the city's budget is spent through the Community Redevelopment Agency which, according to recall supporters, gives money to private corporations and individuals who are politically connected.[34]
- Los Angeles has a 13.6% unemployment rate, with 259,250 people out of work.
In Villaraigosa's 2009 election, he received 55.65% of the vote, despite spending 15 times as much money as his most prominent challenger. One columnist summarized Villaraigosa's poor showing as follows: "Villaraigosa stepped into the batter's box on Tuesday, swung and missed twice, and legged out a weak infield hit.".[36]
Recall organizers must collect a minimum of 240,732 signatures in the 120 day period between April 20 and August 18 to force a recall vote.
February 23 saw three significant recall elections in California (updated)
CALIFORNIA: On February 23, voters determined the fate of three city council members and four school board members.
Voters in Montebello, a suburb of Los Angeles, removed Kathy Salazar and Robert Urteaga from office. Voters in Lake Elsinore decided to keep Thomas Buckley.
Four school board members of the St. Helena Unified School District, in an affluent area of Napa County, were removed from office by voters on February 23, in a closely-watched election that attracted national attention, including a feature article in the New York Times.
Although all politics is local, what voters decided could be regarded as a bellwether for a glimpse into just how angry and disappointed voters are with politicians in 2010.
Another election on the February 23 ballot was in San Mateo County, where voters in the San Mateo-Foster City Elementary School District chose to approve a parcel tax hike of $96/year by the narrowest of margins. As parcel tax measures crowd onto ballots in May and June, school administrators throughout the state watched the results in San Mateo with bated breath.
Leslie School Board elects new members following recall
INGHAM COUNTY, Michigan: This month the Leslie School Board elected new leaders following an approved November recall effort. Two members were ousted: Bill Myers and Pat Fogg. The recall effort was led by the Michigan Education Association.[37] Former board Secretary Tim Carroll had been appointed as vice president following the November recall, however, this month he was elected as president following a 4-2 vote. Also elected this month was Mary Crowl as vice president, Adrienne Bigg as secretary and Eric Isham as treasurer. Brad Ries and Tom Davis were both appointed following the recall and are expected to remain on the board until a February 23, 2010 special election.[38]
Two Michigan Town Supervisors face recall threat
RILEY TOWNSHIP, Michigan: Riley Township now has the possibility of five elected officials facing a recall. Paperwork was recently filed with the St. Clair County Clerk's office to circulate petitions to recall Supervisor Dave Rushing and Trustee Linda Hazelton[30].
The petitions came from John Rhodes, a Riley Township resident who is not happy with the state of affairs in his local government. The recall comes after both Hazelton and Rushing were found to engage in improper conduct over contracts granted to the township's fire department[30].
New Jersey Secretary of State refuses recall petition
On January 11, 2010, Nina Mitchell Wells, a Democrat who was still the New Jersey Secretary of State at the time, issued a "final determination" letter saying that her office was refusing to accept a Notice of Intention to Recall and its accompanying Petition in the matter of the U.S. Senator Robert Menendez recall. Wells maintained that the recall provisions in the New Jersey Constitution conflict with the U.S. Constitution.[39]
The recall action against Robert Menendez was started by members of a Tea Party group in Sussex County, New Jersey. They are seeking judicial review of the determination from Nina Wells, requesting reversal of the "final determination" and an order directing the New Jersey Secretary of State to approve the Notice of Intention so the recall group can start collecting signatures.[39]
The Superior Court of New Jersey Appellate Division issued a motion to accelerate the appeal on January 14, 2010.[40]
Michigan recall petitioners charged with forging signatures
LIVONIA, Michigan: An effort to recall Andy Dillon that failed at the ballot may have serious consequences for two of its circulators. 28 year old Michael Bastianelli of Westland, MI and 39 year old Harvey Robinson of Redford, MI were arraigned on December 23, 2009 on two felony counts. The criminal charges are due to allegations of faking signatures on the recall petitions.
The recall effort was launched in an attempt to remove Michigan House Speaker Andy Dillon from office after he voted in favor of the biggest tax hike in Michigan history. Michigan State Police were asked in May 2008 to investigate whether some circulators were forging signatures. According to State Police Officer Robert Weimer: "We don't anticipate any other charges coming down. It's been reviewed by the attorney general's office, and this is the decision." [41] [42]
The Andy Dillon recall petition drive also led to a federal lawsuit called Bogaert v. Land challenging Michigan's residency requirement; a federal judge determined that Michigan's laws did violate the U.S. Constitution and ordered a preliminary injunction that allowed signatures from petitioners outside of Dillon's jurisdiciton.
Montana 2006 recall effort billboard may have violated law
HAMILTON, Montana: A nine-page ruling by Commissioner of Political Practices Dennis Unsworth stated that Jack Vallance violated state campaign finance laws when he flew his airplane with an electronic billboard message that campaigned for the recall of Hamilton city councilor Bob Scott. The ruling stated that the act should yield a civil penalty. According to state law, billboard signs must contain information on who funded the sign.
The recall election was held in 2006, in which Scott retained his seat, with a slim margin of 152-150. The recall was the result of accusations that Scott implement “playground antics” that hurt the city and residents, including submitting a $152 travel expense reimburesment two years prior to that. [43]
George Barich recall succeeds
COTATI, California: Cotati City Council member George Barich was recalled in a special recall election held on November 17, 2009 in Sonoma County, California, for voters in the City of Cotati.[44][45]
- Yes to recall question: 65.7%
- No to recall question: 34.3%
Cotati has 3,986 registered voters and approximately 40% of them cast a vote in the recall election.[46]
Barich was elected to his current position on the Cotati City Council in November 2008 by a five-vote margin.
Reasons given by Barich's opponents for wanting to recall him included:
- The claim that he misused city stationery to write President Obama.
- The claim that he posted a racially charged picture on a personal website.
- His use of an image of the Cotati official seal on his personal website.
- He voted "no" on a resolution to put a half-cent sales tax measure on the November ballot; some in the city say that the sales tax was needed to keep Cotati solvent.
Cotati is located about 45 miles north of San Francisco. Its population was estimated in 2006 at about 7,170.
Pam Murray recall appears to be successful
NASHVILLE, Tennessee: Yesterday, Nashville residents cast their votes regarding whether to recall Nashville Councilwoman Pam Murray. Recall efforts began after Murray and Councilwoman Karen Bennett disputed a proposed bill that would have led to permitting mobile vendors on Cleveland Street in which some called Murray "unresponsive". Residents became increasingly concerned after a NewsChannel 5 report in April 2009 that revealed that Murray works for a methadone clinic in Detroit, Michigan despite her legal residence being in Nashville.[47] According to Nashville law, elected officials must reside in the city or district they represent.
Murray was first elected to the District 5 council in 2003.
According to unofficial results and the Davidson County Election Commission, the recall effort was approved. The election commission plans to certify the results on Monday.[48]
- Pam Murray (incumbent): 540 (49.91%)
- Jamie Hollin (challenger): 542 (50.09%)
Automatic recount in Clatsop County recall
CLATSOP COUNTY, Oregon: An automatic recount of Tuesday's recall election in Clatsop County will take place after counted votes revealed a four vote difference for County Commissioner Anne Samuelson.[49] On the other hand County Commissioner Jeff Hazen defeated the recall and will remain in office. The recall election for County Commissioner Patricia Roberts will be held in November 2009.[50]
- Anne Samuelson
- Yes: 1,013 (50.10%) (recount scheduled)
- No: 1,009 (49.90%)
- Yes: 1,013 (50.10%)
- Jeff Hazen
- Yes: 978 (43.9%)
- No: 1,250 (56.1%)
Clatsop County voters cast ballots today
CLATSOP COUNTY, Oregon: Voters in Clatsop County are heading to the polls today to voice their opinion on one ballot measure:
- The Clatsop County Commissioners recall targets: Ann Samuelson and Jeff Hazen. According to county officials ballots were sent out October 11th. Commissioner Patricia Roberts is also the target of the recall effort, however, supporters have not yet submitted signatures to recall the commissioner.
The recall efforts developed after the three commissioners voted in favor of a liquefied natural gas development.[51] However, because the recall election is not countywide, the county has a total of 5 drop-off sites: Clatsop County Clerk's Office, 24-hour Drive-up Drop Box on Exchange Street, Cannon Beach City Hall, Seaside City Hall and Warrenton City Hall.[52]
Hazen serves as the county chair and represents District 1, Samuelson reprepsents District 5 and Roberts represents District 2.[53]
Nevada voting law stirs controversy
CARSON CITY, Nevada: A new state law and the Nevada Constitution appear to have conflicting laws. According to the state constitution, in order to recall officials a minimum of 25 percent of "actual voters" is required for a recall election. However, according to SB156, sponsored by Sen. Terry Care, a minimum of 25 percent of "registered voters from a pertinent area" is required for an election. In Fernley, Nevada Councilman Monte Martin was successfully recalled after approximately 300 registered voters signed petitions. Sen. Care argues that "...even if you didn't vote in the primary, you should still have the right to participate in a recall." However, Fernley Mayor LeRoy Goodman argues otherwise. Goodman said that the new law could potentially cause a "revolving door" effect every time residents get upset.[54]
Clatsop County recall ballots go out this week
CLATSOP COUNTY, Oregon: On Friday, Clatsop County officials sent out ballots for the October 27, 2009 recall election. The recall specifically targets County Commissioners Ann Samuelson, Patricia Roberts and Jeff Hazen. The recall efforts developed after the three commissioners voted in favor of a liquefied natural gas development.[55] However, because the recall election is not countywide, the county has a total of 5 drop-off sites: Clatsop County Clerk's Office, 24-hour Drive-up Drop Box on Exchange Street, Cannon Beach City Hall, Seaside City Hall and Warrenton City Hall.[56][57]
Hazen serves as the county chair and represents District 1, Samuelson reprepsents District 5 and Roberts represents District 2.[58]
Recall efforts dropped, mayor announces resignation
MANDEVILLE, Louisiana: This past Friday Mandeville Mayor Eddie Price announced that he is resigning from office. "Over the past year, the distractions have become a great burden to this city. It is important to me that the City of Mandeville move forward in a positive direction and have the representation it well deserves. So it is with great sadness that today I've made the decision to step down as mayor effective immediately," said Price.[59] Price's resignation comes months after residents abandoned their efforts for a recall election and an August 2009 indictment by a St. Tammany Parish grand jury on charges that he committed perjury in his testimony in a 2008 criminal trial.[60]
A special election will be scheduled to choose a successor but in the mean time the city council is expected to nominate a temporary replacement.[59]
Ohio senator proposes recall statute
CUYAHOGA COUNTY, Ohio: Sen. Dale Miller proposed a recall statute that, if approved, would give residents the right to recall county officials for misconduct in office. According to reports, Miller sponsored the law after additional federal charges were filed in a corruption investigation involving Cuyahoga County Auditor Frank Russo's office. Miller noted that although the proposal is complicated it's "worth doing." "We will have to take into account both charter and non-charter counties," said Miller. Although the proposed statute currently only addresses county officials, Miller said that he is contemplating adding language that would allow voters to recall school board members.[61]
South Carolina may introduce statewide recall election
COLUMBIA, South Carolina: Senator Mike Rose is backing an effort to have the state of South Carolina allow for citizens to recall government officials at any and all levels. With the potential impeachment of Governor Mark Sanford, Rose has picked the prime time to bring the issue to the attention of the state. Rose is also backing an idea that would allow for initiative and referendum on the state level. Currently, South Carolina does not allow this process.
Rose has justified his ideas and proposals by stating the voters need to have the same power as the legislature when removing public officials from office. The issue will rear its head in the next South Carolina Legislative Session.[62]
Country is in a recall mood, according to Los Angeles Times
FLINT, Michigan: On August 1, 2009, the Los Angeles Times featured a story about recall campaigns around the country in 2009. The story, "'Throw the bums out' is national mood", refers to Ballotpedia's list of 2009 recall campaigns around the country.[63]
Focusing on recalls directed at Don Williamson, Carty Finkbeiner, Kevin Stufflebean, Don Plusquellic, the Westwood Heights School District and the Big Oak-Groveland Unified School District, the article asserts that money woes are at the root of the issue.
Joe Mathews is quoted as saying "these early recalls could be the beginning of a deluge of local political battles."
Ohio Supreme Court rules Finkbeiner recall invalid
TOLEDO, Ohio: The Ohio Supreme Court ruled on July 27, 2009 that the Carty Finkbeiner recall petitions are invalid because the petition forms were missing a sentence.[64]
The recall election would have been held on November 3, 2009.[65]
Finkbeiner's legal team said the petition forms were missing the sentence, "Whoever Commits Election Falsification is Guilty of a Felony of the 5th Degree."[66]
The state's highest court agreed, saying that although the Toledo City Charter does not say that recall petitions must include the sentence that was left out, the state's election laws do require the missing sentence.
About 40,000 signatures were collected on the petition to remove Finkbeiner from office.
New Jersey judge says recall signatures must be re-counted
Cape May, New Jersey: On July l7, Superior Court Judge Raymond Batten ruled that City Clerk Chris Wood had improperly invalidated signatures in the matter of the Ernie Troiano and Bill Davenport recall.
Judge Batten also noted that:
- Wood told the recall committee in December 2008 that they'd need 615 signatures on each recall petition. After the signatures were collected and filed, Wood said that the recall group really needed 697 signatures on each petition. The judge said that he is powerless to retroactively change that higher number.
- Evidence challenging the status of any rejected or reinstated signatures can be provided at hearings that will begin Monday, August 3.
- Final counts will not be available until after that hearing.[67]
California Secretary of State approves Schwarzenegger recall petition
SACRAMENTO, California: California Secretary of State Debra Bowen has approved a recall petition for California Governor Arnold Schwarzenegger. The recall petition, sponsored by "Taxpayers United to Recall Governor Schwarzenegger", was filed by John D. Fusek of La Habra, who stated that the governor "must be held accountable for worsening the lives of California taxpayers, voters and families.”
More than one million valid signatures must be gathered by October 22, 2009 for the measure to qualify for the ballot.[68]
Recall confusion raises questions in Chattanooga
CHATTANOOGA, Tennessee: The Hamilton County Election Commission informed local activist Frank DePinto that his recall petition for Chattanooga Mayor Ron Littlefield was incomplete and must be revised to be approved. DePinto's petition lacked the text to appear on the ballot, which the law requires for petitions. The opacity of the state and local recall laws also led to questions on whether the petition itself removes Littlefield from office or simply presents it on a ballot for voters to decide. The number of signatures required is also unclear, due to conflicting statutes. The commission will revisit the petition on May 13.[69]
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