GOP bid for control in Nevada raises fear of endless recalls

Discussion in 'Politics and Religion' started by LoyaltyisaCurse, Feb 7, 2018.

  1. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    https://www.yahoo.com/news/democrats-fear-gop-tactic-control-states-recalls-072522283.html

    Tha real anti-America party.
     
  2. LVG

    LVG Who?! Contributor

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    I’m watching this case very closely. It will go up to the Nevada Supreme Court, and I think the Court will hold that Nevada law is pretty clear on this point: no reason for recall is necessary. But this is the same Court that wrote Ramsey v. City of North Las Vegas, which held that judges aren’t subject to recall because of an implicit constitutional repeal; a decision I vehemently disagree with (and worth reading the lengthy opinion and dissent if you want to understand recalls in Nevada). http://caseinfo.nvsupremecourt.us/d...9&deLinkID=595010&sireDocumentNumber=17-12192

    Unfortunately, the GOP is absolutely abusing the recall process, which Nevada has had for about a century. But abuse doesn’t change the law, and the law requires no reason for the public to institute a recall. For good reason: recall is solely within the hands of the public. To require a reason would make judges the gatekeepers to the recall process, forcing them to sit and determine whether a reason is “good enough” for a recall process to proceed. That would negate the recall’s purpose: to have the public be the sole and final arbitrator of whether a politician remains in office. While there is some room for the courts in adjudicating the recall process, that scope is narrow and well defined.

    I really don’t see the grounds for a federal court challenge here. This is purely state law, and the feds don’t have any business in it. I think the federal judge handling the federal case, Judge Mahan, is an excellent judge, but I think the constitutional arguments are pretty far fetched. And the feds are not going to want to step in and issue a ruling that would essentially outlaw a defining characteristic of western states’ constitutions: the public’s right to recall. Recall provisions are enshrined in 18 state constitutions, and unless those provisions have a disparate impact, I don’t see how or why the feds will get involved.

    But what the GOP is doing is BS.
     
  3. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    Could it be argued--since these recalls were proposed be fellow legislators--it's not really the will of the people? I'm sure it's a major reach.
     
  4. LVG

    LVG Who?! Contributor

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  5. LVG

    LVG Who?! Contributor

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    You can certainly argue it, but I think it's a loser because the entire recall process revolves around the people. You have to get 25% of the electorate who actually voted in the previous election to sign a recall petition. Then, during the recall election, there's another public vote. So I don't think that argument carries any real weight because the majority may simply ratify their earlier choice.

    I'm certain people are making your exact argument. It's not a bad one. It just doesn't carry the day.
     
  6. LVG

    LVG Who?! Contributor

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    Rereading Ramsey, I think this sentence resolves the question of whether someone needs to have a reason to start a recall:

    "The dissent correctly points out that recall is unique because it allows voters to initiate removal for cause they alone decide." Ramsey v. City of N. Las Vegas, 133 Nev., Adv. Op. 16, at 14-15 (2017). That Court is substantially unchanged, with the exception of the addition of Justice Stiglich, and any decision will probably be rendered before the next term (where 2 justices are retiring). There does not appear to be any need to actually state a reason for recall in Nevada law.

    As for the other issue, whether a petition-signer can claw back his signature after the petitions have been submitted, I think Nevada law is clear on that point and is well-reasoned: you have until the 1st day after a special election is announced. After that, the petition rolls are finalized and the special recall election proceeds. But whether the black robes agree, I cannot say.
     
  7. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    They need to change that law. The will of the people spoke in the election and the losers get to recall solely because thier side didn't win. Simply insane. Why have elections then?
     
  8. LVG

    LVG Who?! Contributor

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    They’ve tried. It’s in Nevada’s Constitution, and every time it comes up for repeal (and it has in some way or another, as recently as 2010), it gets soundly defeated.

    Nevadans are very clear: we have the right to kick out anyone, at any time, for any reason.
     
  9. LVG

    LVG Who?! Contributor

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    One other point. Recall is perfectly democratic. It takes a vote to get them in, so why can’t you get them out with a subsequent vote?
     
  10. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    The Nevada recall goes against the true spirit and intent of the recall, IMO.
     
  11. LVG

    LVG Who?! Contributor

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    Maybe. Maybe not. Depends on what you think the true spirit is.
     
  12. LVG

    LVG Who?! Contributor

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    I will say that in Nevada, and the West, the idea in the early 1900’s (when these laws were passed) was to give the electorate the power to recall an elected official to give the electorate a more powerful say in governance. That would support the idea that an elected official could be recalled for any reason whatsoever, including some indescribable reason, or perhaps no reason other than the politician is no longer liked.
     
  13. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    Sour grapes as a reason is a batardization.
     
  14. LoyaltyisaCurse

    LoyaltyisaCurse Chad's got nothing on me!

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    In today's hyper-partisan world, it makes the frivolous use of this more likely.
     
  15. LVG

    LVG Who?! Contributor

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    Given the history of the amendment, it’s really not. I know that seems counterintuitive, but it’s true. Now whether it’s a good idea or not is a different discussion.

    And even if a reason was required, whether that reason was sufficient for recall would be left to the voters, not a judge. Otherwise, you’d defeat the purpose of a recall.
     

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