by David Safier
I just got off a conference call with Chad Snow and Randy Parraz of Citizens for a Better Arizona, the group spearheading the Recall Russell Pearce campaign.
Here's the news:
It takes 7,756 signatures to recall Pearce. The group says it already has 14,000 to 15,000 signatures, of which they are sure at least 8,000 are valid. That means, if they know how to count (and I'm sure they do), they're already over the top. But they plan to keep collecting signatures until the deadline. The more signatures they turn in, the bigger statement they make.
As soon as the signatures have been verified by the state, Russell Pearce is recalled. Let me repeat. There is no special recall election. The 7,756 signatures create a recall all by themselves. The next step is an election for what is basically an open seat. Pearce can run if he wishes. Or not. So can anyone else who collects the necessary number of signatures. The actual election will probably happen either in November of this year or March of next year.
According to Parazz, some people are beginning to complain, it's too easy to recall an Arizona legislator, since all it takes is gathering the needed number of signatures. But, Parraz continued, according to the Secretary of State's office, no legislator has been recalled in Arizona's almost-100 year history. So this will be a first.
Another first: Once the signatures are declared valid, Pearce will be the first sitting state senate president to be recalled in the history of the U.S.
This is a really big deal.
As a secondary effect of the recall drive, 1,200 people registered to vote so they would have the pleasure of signing the petition. Over a hundred of those were Republicans. It speaks volumes that people who consider themselves Republicans would be that interested in getting rid of Pearce.
Parazz said over 175 people carried petitions. There have been over 400 volunteers. And over 350 people donated online. The group's work is far from done, and it needs funds to continue its work, so if you want to help, go to Citizens for a Better Arizona and chip in.
NOTE: Chris Bowers, a front page writer on Daily Kos, was one of the people who joined the conference call. The recall effort is national news. Once the signatures are official, I expect the story will make the MSM — especially in light of the new national push for comprehensive immigration reform.
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Dear Mr. Safier,
I encourage you to re-think your decision to insist that your post was accurate, and consistent with the direct constitutional quote that Jens posted.
We need to be able to candidly and confidently acknowledge mis-statements, to maintain integrity within our movements.
What enables grass roots advocates to hold our own in debate with billionaire propagandists is our credibility. Insisting that your post accurately presented the Arizona recall process will undermine your credibility and diminish that of the left as a whole. We can’t afford that. The cost is too deep and too long-lasting.
I urge you to back away from your over-statement regarding Arizon’as recall process, rather than digging in your heels.
David Hoffman
Santa Rosa, California
Law Degree, UC Berkeley School of Law (“Boalt Hall”), 1992.
Received High Honors for in-depth research in Law and Legislation and in International Human Rights Law.
Chair, UC Berkeley chapter, National Lawyers Guild, 1990/91.
Grass roots labor, peace and justice advocate, 1963 to present. Voluntarily arrested in opposition to US complicity in war crimes in Nicaragua and El Salvador, and in support of ethnic, gender and ideological diversity in university hiring.
My question was whether or not he retains his Senate seat in the time between the recall results and the November election. I believe it’s safe to assume he will choose to keep his seat if given the option. So yes, it is a matter of semantics with regards to the immediate circumstances. That doesn’t decrease the significance at all, however.
My understanding is, Pearce can either remain in his seat or resign once the “Recall” is official. It looks to me like Jen’s information is substantially the same as what I said.
Is this a matter of semantics? Clinton was “impeached” because an impeachment process began against him. It may be the same thing here. Pearce is “recalled” because the proper number of signatures have been filed. The important thing in my mind is, there is no need for a separate election for people to decide if they want to recall him. The next election will have a slate of candidates — no primary — and the winner is the next Mesa Senator.
It is NOT easy to recall a sitting lawmaker. If Pearce had not been so blatantly arrogant, with such disregard for the law HE is supposed to be subject to, it wouldn’t have happened. I participated in an effort to recall John Huppenthal a few years back. There was lots of interest, but not the widespread galvanized view across party lines that he needed to be removed from office. It was, then, a worthy effort, but did not succeed. This is clearly a different situation.
•DAYS 1-120: 1. Gather Petition Signatures of District 18, Mesa Citizens, 25% of Votes Cast in Last Election = 7,756, plus safety margin. 2. Must be collected by any US citizen aged 18+ and eligible to vote in Arizona 3. Petition Forms must be up to code, notarized by circulator. 4. Submit Petitions to Secretary of State on Day 120 (May 31, 2011).
•DAYS 120 – 135 (June 22nd)
From CFABA’s website. I misread the part about the 5-day resignation, but aren’t there discrepancies between that point and a November recall election? And is his seat filled in the meantime?
“•Signature Validation: Within fifteen days, excluding Saturdays, Sundays and other legal holidays, county recorder and secretary of state shall determine validity of signatures. Earlier care and organization pays off here!
•Russell Pearce has five days to resign excluding Saturdays, Sundays and other legal holidays.
•Governor must call a special recall election within fifteen days of filing.
RECALL ELECTION PROCESS: 1. Similar to any other election–The first Tuesday after the first Monday in November (November 8th). 2. Recall ballot has list of candidates running against Russell Pearce. 3. Russell Pearce will be on the ballot for reelection.”
The information in this post conflicts with everything I’ve read about the recall process in Arizona, including the information posted on Citizens for a Better Arizona’s website. Is this information being verified anywhere else?
OK. I am reading from the AZ Constitution, Article 8, Section 1, Part 3. It says:
3. Resignation of officer; special election
Section 3. If such officer shall offer his resignation it shall be accepted, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after a recall petition is filed as provided by law, a special election shall be ordered to be held as provided by law, to determine whether such officer shall be recalled. On the ballots at such election shall be printed the reasons as set forth in the petition for demanding his recall, and, in not more than two hundred words, the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of such election shall have been officially declared.
The last sentence says “He (in this case Pearce) shall continue to perform the duties of his office until the result of such election shall have been officially declared.”
That sounds to me like he stays in office until the results of the special election are official. So, any special sessions previous to that time would allow Pearce to remain as senate president.
Or am I missing something? Is there further language or statute which has a bearing on recalls?