CALIFORNIA FOCUS
FOR RELEASE: FRIDAY, AUGUST 19, 2022 OR THEREAFTER
BY THOMAS D. ELIAS
“UNFAIR
RECALL RULES WILL PERSIST”
If
anything seemed like a lock, a sure thing for passage during this year’s state
legislative session, it was recall reform. The need for change in the way
voters can rid themselves of state officials they can’t stand stood out as one
of the key conclusions of last fall’s abortive attempt to oust Gov. Gavin
Newsom.
It was obvious
as this year’s legislative session began that the effort by conservative
Republicans to substitute one of their own for Newsom via the patently unfair
current rules was still fresh in all political minds last January. But not so
much a few months later, as it turned out.
For
voters will not get the expected chance to improve the current system via a
ballot proposition this fall, as the cause lost its urgency, overtaken by time
and the rise of other issues from a to z, abortion to zero emission vehicles.
So the
next time there’s an attempt to oust an elected statewide officer or a
legislator, things will work just as they did the last time:
There
will be a yes-or-no, thumbs up or thumbs down, vote on the recall target. The
recall ballot will also feature a list of would-be replacements for that
person. If the recall gets more yes votes than no’s, the target will have to
go. That will be true even if no replacement candidate gets anywhere near as
many votes as the ousted officeholder.
That’s not
democracy, it’s a travesty, and everyone knew it last fall. Newsom spared
himself and California from ignominy by getting far more no votes on the
go-or-stay question than replacement leader Larry Elder, a far-right radio
talker, received on his part of the ballot. Newsom, in fact, reaped many more
no votes than were tallied for all replacement candidates together.
If he had
faltered only a little, Elder would now be governor, having received fewer than
25 percent of all votes cast. That would not deter him from exercising power,
just as Donald Trump did despite his resounding popular vote defeat in 2016.
Among the
new plans legislators considered but did not pass along to voters was one
submitted by Democratic state Sen. Josh Newman of Fullerton, who was himself
recalled in 2018, but then won his seat back two years later. Newman suggested
a straight-up yes-or-no recall vote, with a special election to follow if the
yes side won. The ousted candidate would be eligible to run in that election,
just like anyone else.
This
would be similar but not identical to some local recall rules, as when voters
nixed former San Francisco District Attorney Chesa Boudin in June. His
successor was named by the city/county mayor, London Breed, but that system is
unique because San Francisco is the only place where city and county lines are
nearly identical.
Newman
also proposed a plan to have ousted governors who have served less than two years
replaced by the lieutenant governor until a special election can occur. If the
incumbent were in the final two years of a term, the lieutenant governor would
act as governor until the next regular election.
A plan
like either of these would ensure fairness, but also prevent anyone with just a
tiny bit of actual support from taking over an office.
Another
potential reform that didn’t happen was a change in the number of voter
signatures needed to qualify a recall for its own ballot. Last time, it took
just 1.495 million, or less than 12 percent of the votes cast in the 2018
gubernatorial election.
A higher
signature requirement would prevent a small minority from spurring a new
election when there is no strong groundswell of demand for it. This happened
last time, and the lack of an anti-Newsom tide was proven by the fact that the
no side’s 61.9 percent of the total vote was precisely the percentage of votes
Newsom won in 2018.
This also
had the side effect of driving credible Republican candidates out of the June
primary, leaving his reelection this fall all but certain.
Not
exactly what the recall sponsors wanted, and plenty of evidence of the need for
changing the rules.
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Email Thomas Elias
at tdelias@aol.com. His book, "The Burzynski Breakthrough: The Most
Promising Cancer Treatment and the Government’s Campaign to Squelch It,"
is now available in a soft cover fourth edition. For more Elias columns, visit www.californiafocus.net