Reforming the Recalls

The Government Accountably Board estimated that it could cost local taxpayers nearly $20 million to finance a statewide recall election with a primary.

With this in mind, I continue to believe that unless an elected official does something criminal or unethical as prescribed by the constitution regularly scheduled elections are the right time for people to be heard at the polls. Governor Walker nor any State Senators have been charged with any crime.

Surprisingly, the recall mechanism being used today was not in the original Wisconsin Constitution. According to the Wisconsin Policy Research Institute, when the recall language was added in 1926, it was intended to be used on judges - not legislators or governors. It took two statewide referendums before the recall language was added, and only after passing a second time by a very slim margin (50.6% or 4,743 votes).

In 1926, the Milwaukee Journal editorialized, “it [recalls] threatens his removal if he so far offends a sentiment that a fourth of the voters rush to sign a petition. Or he can be recalled if he offends interests able to spend a great deal of money to get what they want.”

In addition, the former revisor of statutes I.J. Nash also editorialized that the recall constitutional amendment would make Wisconsin “the laughingstock of the country” and that they are “slow, conducted with passion, expensive, sets neighbor against neighbor, is unaccompanied by sworn or other competent evidence, and convinces few that justice has been served.”

As I continue to go door-to-door, constituents have told me loud and clear that they want to see some recall reforms. Because of this, I support two common sense bills that have been introduced to help bring some sanity back to a broken system that threatens to cost taxpayers millions and drain resources away from our local governments.

• Recall the Recalls, AJR 63: This constitutional amendment would state that an elected officer could only be recalled if he/she has been charged with a serious crime or if a finding of probable cause has been made that he or she violated the state code of ethics. This amendment will require adoption by two successive legislatures, and ratification by voters before it becomes part of the constitution.
• Recall Petition Fraud Prevention, AB 441: Over the last few weeks, news stations reported that some individuals were actively signing recall petitions multiple times in order to inflate the number. Even partisan political groups like One Wisconsin Now encouraged this behavior. This bill would clarify that signing a recall petition more than once constitutes fraud, punishable up to a Class I felony (same as other forms of election fraud). It would also allow residents to petition the Attorney General to investigate alleged fraud if the local district attorney’s office fails to act.

I'll keep you posted as further recall reform legislation is developed. In the meantime please exercise your rights to be involved in the process.