Finally, A Petition I Wouldn't Sign

Jeff Bull

In many ways, I'm like the mayor of North Plains, Oregon. In a "My Turn" piece in this morning's Washington County Weekly from The Oregonian Mayor Cheri Olson argued that she felt like the voters have a right to be heard via the ballot box, even if she doesn't favor the measure herself. I'm even capable of taking this view to silly extremes.

This morning, however, I finally came across a ballot petition that I would not sign: the fledgling attempt to recall Marion County Judge Mary Mertens James, who issued the far-reaching ruling against Measure 37 in the middle of October. A thumbnail look at the merits of this petition, as provided by those behind the effort in the big state dailies (LINK and LINK - no offense to those not named; Eugene Register-Guard I'm thinking of you), gives a pretty good idea as to why this is a lousy stunt well-deserving of failure:

"[Tom Steffen, owner of a Silverton graphic design company] said his motivation for filing for James' recall was to show the state and national governments that citizens are serious about keeping judges working within the voters' will." - Salem Statesman-Journal, 10.27.05

"Clearly, if people speak loudly on an issue -- especially by the strength of the vote -- the court should take that into consideration."
- Rep. Jeff Kropf, R-Sublimity, The Oregonian, 10.27.05

When I first read both articles, I searched in vain for a rationale for the recall beyond simple disagreement with James' ruling. While I'm still catching up on the workings of popular government as practiced in Oregon I was still surprised to see that, under Oregon law, no rationale is needed. If this primer from the National Conference of State Legislatures is accurate (and you'll have to scroll down a ways), apart from giving an elected official 60 days on the job, the challenge of obtaining the required number of signatures in 90 days (formula below*) serves as the only impediments to a recall.

The issue here goes beyond this specific recall petition and directly to the wisdom of the recall as an electoral device. Now, as much as I think they're imperfect and frustrating, both ballot initiatives and referendums make sense: they allow the electorate to address issues if and when their elected representatives fail to do so. But what is the recall beyond a hassle, a device to enable 15% of those who voted for governor in a given district* to foist a distraction on a public official and those they serve?

Returning to the case at hand, the attempt seems more misguided still. As a judge, James' obligation is not to Oregon's voters, but to Oregon's laws and its constitution; barring a violation of that - which, I suppose they could argue (but why didn't they?) - how to dignify this action as anything more than fit of pique? Contrary to the petitioner's beef, the voters don't enter into the equation; that's why we've got legislators on the state and federal level. Their obligation is to the popular will – or, alternately, whatever they think best for the common good.

The recall is a product of populist overreach that serves no useful purpose. For criminal misconduct, we've got impeachment (don't we?), and for all the rest of it, we've got these things called elections. They happen often enough for people to vote whatever scoundrels they see out of office and that ought to be enough.

  • Sid Leader (unverified)
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    Isn't Jerky Jeff Kropf the down on his luck PUB who used Lars Larson radio show to say that, get this, Osama Bin Laden has smuggled a dirty nuclear bomb into the USA and it is programmed to kill all the Jews?

    Yup, sad but true, according to the FBI who questioned him.

    Want to hear the tape?

    I hear KXL is busy burning it right now!

  • dmrusso (unverified)
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    There is a reason why we should not be electing judges to office... so they cannot be affected by special interests!

    Judges should all be appointed, whether for life or a certain number of terms.

    No one should be recalled unless they actually commit a crime. It is costly and usually serves nasty right-wing hate-mongers. They talk about creating smaller government and cutting waste, but then they turn around and spend money to do a recall election. It is hypicritical and cowardly.

  • David English (unverified)
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    It's seems absoultely stupid to recall a judge because one disagrees with one decision he made. In that case, let's recall all judges we disagree with? How about making a hit list? wink

    Next we'll have the other side recalling conservative judges because of their decision. Who would want to be a judge when people who disagree with their decisions say, "We can just recall them."

    The logic stinks to high heaven.

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    Finally, A Petition I Wouldn't Sign

    Good post but about the title-

    Ballot measure campaigns don't happen in a vacuum, they drive a lot of the debate in just about every state that has the initiative system. It's all well and good to say, "well, this is just to get it on the ballot," but here's the reality: a lot of innocuous sounding – but deeply misleading – ballot measures cost a helluva lot of money to defeat.

    You can sign “tort reform” or “paycheck protection” and vote against them later, but in doing so, you’re helping efforts that have the transactional effect of draining finite progressive resources in our state.

    They’re defunct now or I’d post a link, but as Voter Education Project would say, “Think Before You Ink.”

  • Ed Bickford (unverified)
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    What is most disturbing is the lack of either an understanding or appreciation of the value of an independant and impartial judiciary as one leg of the tripod of democratic governance. Surely the good citizens of the county will recognize an abuse of the recall system when they are thus confronted.

    The recall system itself need not be the doom of the separation of powers between judicial and legislative branches of government; that will depend on people being wary of abuse. That trumpeted initiative was enacted by the electorate acting in place of the legislature.

    You have to believe in the general good will of people to believe in democracy. Is that the malfunction of the motives of people that are able to so baldly state their anti-democratic goals and yet call themselves the "Constitutional" party?

  • paul (unverified)
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    Interesting, Jeff. I won't sign any petition even if I agree with it because I think the initiative and referendum process undermines the representative process and is very likely a cause of our dysfunctional legislature.

    It's always neat to see the look on the person's face when I say "no" to signing their petition, they say why, and I respond "I am opposed to the initiative process." They dont have a canned response for that one!

    (Probably think as I walk away, "damn political science professors...")

  • Jeff Bull (unverified)
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    Actually, both paul and Charlie Burr touch on arguments that warrant some elaboration.

    paul's is, obviously, the more fundamental of the two and, as much as I understand the why of referenda and intiatives, I'd be just as happy to see them gone - and for the reasons paul pointed out. One of the most aggravating moments of the 2005 session of the Oregon legislature came when they passed a tax package....and then kicked the can to the voters. On its face, it seems like a fine thing to do, while in reality it's nothing more than dodging responsibility for raising taxes. Long story short, these give ou legislators an out. Whether they like or not, we elect them to make decisions on our behalf and to take responsibility for those decisions at the ballot box.

    As for Charlie's point, yes, there's a little part of me that feels some guilt at signing some of the more ludicrous proposals, but I do it all the same. Obviously, the attempt to recall James crossed a red line for me, but, generally, I'm a big enough believer in open debate to sign the things. Charlie Burr provided the downside - the cost; and that is significant - but, absent a petition any debate will lack a certain - how do you say? - urgency and focus.

  • dmrusso (unverified)
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    -Paul,

    I agree with you 90%. The referendum system hobbles the effectiveness of the legislature. It makes citizens the legislature and frankly, most of us are not educated enough on all of these issues to make informed choices when we go to the polls. That is the role of the Legislature!

    I think that the only valid reason for voting on a ballot measure would be if the Legislature could not, otherwise resolve an issue and decided to have the public have a say... but this should be rare.

    I am slowly shifting my position to NOT sign future inititivates and instead work to empower those that we elect to office to do their job. Ballot measures are too costly and divide public monies that could be used in more focused campaigns.

  • dmrusso (unverified)
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    I also believe that there are FAR too many Constitutional Amendments. It is pathetically easy to collect enough signatures and then our entire political process or social systems can be threatened or dramatically altered.

    Oregonians seem obsessed with re-writing the Constitution!

    I would love to see the bar raised much higher for Constitutional Amendments if they go to the voters: 1) More signatures would be needed and 2) They should pass with a 75% "yes" vote in order to be added to the Constitution.

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    Charlie Burr provided the downside - the cost; and that is significant - but, absent a petition any debate will lack a certain - how do you say? - urgency and focus.

    There are always exceptions, but the vast majority of initiatives that make it to the ballot aren't the result of some deep groundswell of public opinion or debate, but rather b/c of deep monied interests with resources to collect signatures + an electorate justifiable skeptical of our elected Legislators.

    <h2>I'm not anti-initiative, but signing is a political act. It's kind of like an idea primary, and as your post points out, not all ideas are ready for prime time.</h2>

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