New Jersey has procedures for recall of elected officials. Those procedures do not exclude members of Congress. On May 25, the New Jersey Supreme Court heard arguments on whether the U.S. Constitution blocks New Jersey from permitting recall of members of Congress. See this story. The case is Committee to Recall Robert Menendez v Wells, A86-09.
The lower court had ducked the issue. It failed to decide that big issue, but said at least the state should let the circulators have blank petition forms. The procedure is so difficult, requiring approximately 1,300,000 valid signatures for U.S. Senate or any statewide race, that it is fundamentally unfair for the judicial system to not say whether such a petition would be honored if it were completed.
No other court has ever ruled on this interesting question, except for a lower state court in Idaho in 1967 that said the U.S. Constitution does not permit the states to have procedures for recall of members of Congress.
That signature requirement is so high that it makes the recall process in New Jersey unusable for all practical purposes.
Mike Bloomberg’s Aide is Key Witness in Campaign Cash Probe – New York News – Runnin’ Scared
http://blogs.villagevoice.com/runninscared/archives/2010/05/mike_bloombergs_4.php
Michigan isn’t much better. The requirement for a statewide recall is currently 950,314 signatures . . . 25% of the 3,801,256 total votes cast in the most recent governor’s race (2006 — until this year’s figures replace it). For smaller jurisdictions, the same race is used, but the minimum requirement is 25% of the total gubernatorial vote in the jurisdiction last time around.
This formula is from MCL 168.955:
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-168-955
And MCL 168.121 and 168.149 respectively are the sections of state law that say US Senators and Representatives are subject to recall. (As I think I have mentioned before.)
How many State constitutions had to be amended to permit recalls ???
I.E. – one more New Age brain dead case in NJ.
I.E. Is there any New Age limit on MORON cases happening ???
Personally, I prefer elections to recalls or term limits. Federal term limits do add an unconstitutional qualification for office, but thats not necessarily so with a recall.
I prefer elections to term limits myself — though I can see and sympathize with the concept of term limits.
I would also rather not need the option of recalls — but I would definitely prefer to have that option if an elected official has done something to deserve it.
“I would also rather not need the option of recalls — but I would definitely prefer to have that option if an elected official has done something to deserve it.”
There ought to be a usable recall process in every state for every office. I’m also in favor of a usable initiative & referendum process in every state, county, and city.
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