Petitions For The Recall Of Statewide Officers example essay topic

In order to fully describe the recall procedure and how it works we will elaborate on Governor Gray Davis recall in California. The first step in a recall effort is the circulation of recall petitions. The process begins with the filing of a notice-of-intent-to-recall petition written in the proper legal language and signed by 65 voters. Once that is accomplished, the recall petition can be circulated in earnest. Petitions for the recall of statewide officers must be signed by voters equal in number to 12% of the last vote for that office, including voters from each of five counties equal in number to 1% of the last vote for the office in that county.

Petitions for the recall of state legislators must equal in number to 20% of the last vote for the office. The recall ballot has two components: a yes or no vote for recall, and the names of replacement candidates, selected by the nomination process used in regular elections. The recall measure itself is successful if it passes by a majority. In that case, the replacement candidate with a simple plurality of votes wins the office. If the recall measure fails, the replacement candidate votes are ignored.

The language in the recall provision is strictly procedural. Substantive grounds for recalls are not specified. Recalls can be launched to remove corrupt officials, and to remove officials whose policies and performance are found wanting. The recall is but one of several mechanisms for removing public officers. Others include the normal criminal process, impeachment, term limits, and, of course, the next election. The recall law underwent some streamlining changes as a result of the passage of Proposition 9 in November 1974.

The changes included a new 160-day limit on signature gathering (there was no time limit previously), and a new provision for immediate recall petitioning. Previously, there was a six-month waiting period to initiate a recall petition against a statewide elected official (five days for a legislator). Now, the recall procedure can begin immediately after the election of the recall target. The recall mechanism for statewide officers and legislators in California first appeared as a constitutional amendment in 1911, one of several reform measures put in place by the Progressive administration of Governor Hiram Johnson. The most controversial provision of the amendment was the inclusion of judges and the justices of the state Supreme Court in particular, among the state officers subject to recall. Proponents favored the amendment as another mechanism to fight graft and corruption in government.

Opponents criticized it as a device that extremists and malcontents would employ to harass and remove honest officials. Recalls have often been attempted in California against statewide elected officials and legislators. All governors in the last 30 years have faced some level of recall attempt. In 2003 Governor Gray Davis became the first statewide official to face a recall election. The 2003 recall movement against Governor Gray Davis was spearheaded by the People's Advocate, the anti-tax group founded by Paul Gann, and now headed by his associate, Ted Costa, and by a group of Republican Party activists including Shawn Steel, outgoing state Republican Party Chairman, and Sal Russo, a leading GOP strategist.

Three California political parties endorsed the recall effort: the Republican Party, the Libertarian Party, and the American Independent Party. However, many key Republican Party leaders indicated a preference for focusing the party's efforts on re-electing President Bush and unseating Democratic Senator Barbara Boxer rather than on recalling Governor Davis. Initially, it appeared that the recall effort would have to make do without a political consulting firm and professional petition circulators, and that it would need to rely on the Internet, talk radio, and unpaid volunteers to mobilize people to obtain petition signatures. Then in early May 2003 Congressman Darrell Issa (R-San Diego County) launched his own recall effort, and backed it with substantial financial and organizational resources, including a website. Issa's actions gave the recall effort a considerable boost. The legal requirement for a successful gubernatorial recall was 897,156 signatures, but about 1.2 million were needed to ensure that there were enough valid ones.

On July 14, 2003 recall supporters claimed that they had gathered at least 1.6 million signatures, and declared an end to the signature gathering phase. On July 23 Secretary of State Kevin Shelley announced that there were 1,356,408 valid signatures and certified that the petition requirement had been met. Attention then shifted to Lieutenant Governor Cruz Bustamante, who was constitutionally mandated to call a special election within 60-80 days. On July 24 the Lieutenant Governor issued a proclamation setting the date for October 7. Accommodating filing requirements (65 nomination signatures and a $3,500 filing fee, or 10,000 signatures in lieu of the fee) encouraged many replacement candidates to enter the race.

As the August 9 filing deadline approached, there were press reports that there might be 200 or more candidates. When the Secretary of State certified the candidate list on August 13, there were 135 candidates. Initially there were no declared replacement candidates from the Democratic Party. In an effort to present a united front in support of Gray Davis, Democratic Party leaders agreed not to put a Democrat on the ballot. Then on August 7 Cruz Bustamante entered the race in order to provide a prominent Democratic alternative in case the vote favored the recall. On the Republican side actor Arnold Schwarzenegger entered the race in an August 6 appearance on the Tonight Show, and immediately became the leading Republican candidate in public opinion polls.

On August 7 Darrell Issa dropped out of the race, and pressure mounted on other prominent Republican candidates to do the same. With 135 replacement candidates, voters needed to search a very long ballot to find the candidate of their choice. The voting systems in the various counties functioned without major problems, despite a heavy turnout. With Arnold Schwarzenegger receiving more that 48% of the vote, concerns that a replacement governor might be elected by a small plurality proved to be unfounded.