By Tes Welborn, HANC Board
California, and mainly other western states, have three tools of direct democracy that allow a majority of ordinary citizens to directly make or change law and to recall elected officials. The Recall allows CA voters to remove from office any statewide elected official at any time, and for any reason.
A recall must provide signatures from registered voters equaling at least 12% of the total number of ballots cast in that elected official's last election. The Initiative and the Referendum can be discussed in a future newsletter.
These three California ideas came into being in 1911 because of the railroad control of business and government and corruption, thinking that voters could override business interests and bought politicians. State Recalls require signatures of at least 12% of the vote in the last election of that official, along with at least 1% of votes in five or more counties.
Over the past 110 years, the results have been mixed at best. And Newsom's recall only happened because a court overrode law and gave recall sponsors an additional four months to get signatures. It is rumored that each signature cost over $8!
San Francisco allows Recalls of any elected city official, the City Administrator, the Controller, as well as board members of SF Unified School District, the Community College District, and three commissions: Airport, Public Utilities, and Ethics. At least 10% of registered voters from that last election must sign the recall petition.
San Franciscans can't recall an officer in their first or last six months of office. Recall elections can be held as soon as 105 days after a successful signature gathering, and no later than 120 days after. The Mayor appoints any replacement, who also has to stand for reelection in the next election. Most recalls are the city council/board of supervisors or school board levels.
Why Recall?
The official is unresponsive to constituents' best interests. Incompetence. Heinous crimes. It allows citizens to unseat an official that the legislature will not impeach.
Why Make Recall More Difficult?
It's expensive. It could be called an excess of democracy, and undermine the independence of elected officials. It can be abused. More recalls are organized by business than by ordinary citizens, and often with less than a year before the next election. No special grounds for recall are required in most states. In SF, recalls can place even more power in the hands of the Mayor. The school board issues appear to be matters of policy, not rising to criminal acts.
How to Improve Recalls?
Other states with recall provisions require a higher percentage of voters signing on, and/or some gross violation of power or law, such as bribery or murder. Change the time limit for signature gathering. Make the subordinate take the position until election is due – for example, Governor is recalled, then Lieutenant Governor automatically becomes Governor.
Join us on Thursday, October 14, starting at 7:00 pm, as HANC takes a deep dive into the past and future of recalls. See the accompanying article for instructions on how to join our online meeting. Invite a friend or neighbor for information you won’t find anywhere else.