CHAPTER I7 - RECALL GAMES (Updated 1/13/2000)

(Please note, this is not a complete report.)

INTRODUCTION

Have you ever thought that you should have the right to "fire" an elected public servant if they aren't doing a good job instead of being "stuck" with that politician until their term of office is over?
Well, according to the Washington State Constitution, you do!
If you are a registered Washington State voter you are supposed to have the right of "recall".
(Basically, voters have the ability to do the same thing to politicians that Detroit does to cars that are "lemons".)
However, since 1983 no politician in the entire State of Washington has ever been "recalled" from office.
Question: Why? Could it be that the voters in the State of Washington are absolutely 100% satisfied with the job performance of every public official that has held office since 1983?
Answer: Get real! The truth is that politicians don't like to be "fired/recalled" and so they have waged a war on the right of Washington State voters to "recall/fire" public officials that has lasted almost 100 years. Here are the facts:

HISTORY OF RECALL RIGHTS

(Prior to 1909)

Fact #1. A number of city charters-"constitutions" – state that voters have the right to "recall"-"fire"-their publicly elected officials – "employees"-prior to 1909.
These recall provisions do not put limitations on the grounds for recall and thus leave politicians removable from office at the will of the people.
Recall petitioners are required to state in their petitions the basis of their disagreement with the elected official in question.
The constitutionality of the citizens right to recall is upheld in 1909 as an inherent power of the people as long as the Washington State Constitution does not include a limitation against "recall" rights.
(Washington Law Review Vol. 50 1974-75 Page #33)

Fact #2. Article 23 of the State Constitution states that the Constitution can only be changed with a public vote. (Page 65.)

THE TROJAN HORSE OF 1912

Fact #3. On March 8, 1911 the Washington State House of Representatives passed…for a vote of the public on the right to recall. (Laws of Washington, 1911 Page Number 506)

Fact #4. On March 9, 1911 Washington State Senate passed… for a public vote on the right to recall. (Laws of Washington, 1911 Page Number 506)

Fact #5. On March 17, 1911 the Governor of the State of Washington signed a…for a public vote on the right to recall. (Laws of Washington, 1911 Page Number 506)

Fact #6. Article 1, Section 33 of the Washington State Constitution guarantees the right to recall. Superior Court and Appellate Court Judges are exempt. (Page 31.)

Fact #7. Article 1, Section 34 of the Washington State Constitution - Legislature has the responsibility and authority to pass laws telling what the rules of recall will be. (Page 31)

1970 TACOMA CITY COUNCIL

1984 LEGLISLATIVE TINKERING

Fact #8. Substitute Senate Bill Number 3984 - Submitted to the State Legislature by Senator Phil Talmadge and Senator Kent Pullan at the request of the Secretary of State Ralph Munro. (State Journal 1984, Session. Page 58.)

Fact #9. On January 11, 1984 the State Senate passes a bill unanimously 43-0. (State Journal 1984 Session. Pages 58-59)

Fact #10. January 12, 1984, House of Representatives votes to refer Bill to the House Committee on Constitution, Election and Ethics. (House Journal 1984 Page Number 81)

Fact #11. February 17, 1984 House Committee sends bill to the House of Representatives for a full vote. (House Journal 1984, page Number 563)

Fact #12. February 23, 1984 the House of Representatives to vote (roll call) unanimously 95-0. (House Journal 1984 Page Numbers 763-764)

Fact #13. Governor John Spellman signs bill on March 8, 1984. (Session Laws 1984 Page 821)

Fact #14. June 7, 1984. Bill becomes law and goes into effect. (Senate Journal 1984 Page 1918)

Fact #15. Recall is the electoral process by which an elected officer is removed before the expiration of a term of office. All but 10 states provide for the recall of public officers, but Washington is the only state whose constitution provides that recall by the electorate must for cause. (Washington Law Review, Vol. 50. 1974-1975, Page Number 29)

Fact #16. This limitation implies that a public official is not to be subjected to recall merely because the people are dissatisfied with his performance. (Washington Law Review, Vol. 48 1-2, 1972)

Fact #17. If the purpose is to reserve to the people the complete right to recall a public official whenever his official actions offend a sufficient number of voters, then the Constitution needs to be amended to make clear that the recall is a purely political process. (Washington Law Review, Vol. 48, 1-2, 1972). Page 514