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Future recalls require further reform.


California is the first state in more than eighty years to recall a sitting governor. Is this landmark event a fluke or part of a larger anti-incumbent strain? Would those states without a recall mechanism be wise to follow California's lead?

The Golden State's voter rebellion fits into a national nonpartisan pattern. Democratic governor Gray Davis was recalled a month after Alabama voters rejected a $1.2 billion tax hike crafted by their Republican governor. Recall movements are afoot in Nevada and Wisconsin against both Republican and Democratic lawmakers who either raised taxes or refused to support a property-tax freeze.

At present, eighteen states have recall laws: Alaska, Arizona, California, Colorado, Georgia, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, Nevada, New Jersey, North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). , Oregon, Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches.
, Washington, and Wisconsin. Political activists may attempt to add such provisions to more state constitutions as a means of reining in incumbents--in the same vein as the term-limit laws of a decade ago.

If recall does go national, it should reflect populist sentiment, not partisan desires. States should improve on the California model with the following reforms in mind:

More-Specific Grounds. California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
  • Statute
  • Bill (proposed law)
  • California State Legislature
External links
  • http://www.leginfo.ca.
 says recall is appropriate as "the public good may require." Other states are more detailed. Montana limits its recall grounds to physical or mental lack of fitness, incompetence, violation of the oath of office An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations. , or failure to perform duties prescribed by law.

Quicker Process. In California, opponents have 160 days to collect recall petition signatures. Nevada allows only sixty days, which seems more sensible, as a quicker timeline makes for less of a distraction to lawmakers.

Higher Threshold. California law requires signatures from only 12 percent of the voters who cast ballots in the last gubernatorial gu·ber·na·to·ri·al  
adj.
Of or relating to a governor.



[From Latin gubern
 election. Most recall states have a threshold of 25 percent (in Kansas, it's 40 percent). Given the sophistication so·phis·ti·cate  
v. so·phis·ti·cat·ed, so·phis·ti·cat·ing, so·phis·ti·cates

v.tr.
1. To cause to become less natural, especially to make less naive and more worldly.

2.
 of professional signature gatherers, a threshold higher than California's is appropriate.

Limited Ballot. California law requires a $3,500 deposit for gubernatorial replacement candidates. Not surprisingly, 135 candidates cluttered the ballot. In Nevada, replacement candidates have to collect the same number of signatures (128,000) as those required to force a recall vote. This safeguard weeds out nonserious candidates and instills public confidence in the process.

Minimize Politics. Critics said that California's recall was a partisan ploy by Republicans to reverse the results of the last election. New Jersey law avoids this by putting only the governor's name on the ballot--no replacement candidates--with the job going to the state Senate leader should the incumbent lose. One wonders what effect this would have had on California's outcome, had the only alternative to the Democratic governor been a fellow Democrat.

Despite its flaws, California's recall was a resounding re·sound  
v. re·sound·ed, re·sound·ing, re·sounds

v.intr.
1. To be filled with sound; reverberate: The schoolyard resounded with the laughter of children.

2.
 success. Voter turnout increased, as did the media's interest. In this regard, the recall had a therapeutic effect on a dispirited dis·pir·it·ed  
adj.
Affected or marked by low spirits; dejected. See Synonyms at depressed.



dis·pirit·ed·ly adv.

Adj.
 California electorate. Other states may be as fortunate if they experiment with direct democracy--but only if they improve on what California has started.

Bill Whalen is a research fellow at the Hoover Institution The Hoover Institution on War, Revolution and Peace is a public policy think tank and library founded by Herbert Hoover at Stanford University, his alma mater. The Institution was founded in 1919 and over time has amassed a huge archive of documentation related to President .
COPYRIGHT 2003 National Review, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Gubernatorial recalls
Author:Whalen, Bill
Publication:National Review
Geographic Code:1USA
Date:Nov 24, 2003
Words:503
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