Utah is unlikely to get a recall provision
Members of the Constitution Revision Commission agreed this week there is probably no need for a recall provision, suggested by a Riverton legislator shortly after last fall's recall effort kick-started the gubernatorial career of Arnold Schwarzenegger.
"California may be the Golden State, but in the area of political theory or science it leaves a lot to be desired," said Kermit Hall, commission member and president of Utah State University.
"We need to take this down to its barest bones. Does Utah want or need a recall?" said commission member Utah Chief Justice Christine Durham. "I'm very skeptical about its usefulness."
At the beginning of the year Rep. David Hogue, R-Riverton, drafted House Joint Resolution 14, which would have allowed the Utah State Legislature to authorize state elected officials' removal from office by recall election. He tried to present the resolution at this winter's legislative session, but was persuaded to bring the proposal to the constitution commission instead. At the time the commission said it would study the issue.
Most members of the commission agreed, but voted to invite Hogue back to plead his case more fully and explain why Utah needs a recall election. Unless persuaded otherwise, the commission voted to not study the issue further.
The possibility of recall spawns a host of questions, explained Jerry Howe, the commission's staff person.
Would the state require justification for a recall? Would whoever petitioned for a recall have to cite the reason? Would political choices — say the decision to raise taxes or build something with taxpayer dollars — be enough to justify a recall election? Could a state official be forced into a recall election just after they'd won a general election, or just before? Could recall efforts go on one after another?
"The scope could be quite dramatic," Howe said.
Would Utah limit just the executive branch — the governor, attorney general and auditor, for example — to recall? What about judges and legislators themselves and, even further, state positions appointed by the governor such as members of the State Board of Education or the State School Board? What about members of the State Board of Pardon?
Several western states — Arizona, Oregon, Idaho, Nevada and California — provide some provision for recalling state officials. But Hall said few recall elections are considered successful.
A detailed study of the issue by the National Council of State Legislators showed that only a few of the 107 recall elections in the United States have been successful.
Two state officials were recalled in the early 1900s, one for being "an alcoholic and a criminal." Two senators were recalled in 1983, and Oregon voters recalled a legislator in 1988. Two governors — in California and in North Dakota — have been recalled.
Commissioners also questioned how to sync Hogue's resolution with impeachment, which judges are subject to.
"In terms of scope, there are a lot of questions one would have," Howe said.
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