Thursday, November 14, 2013

Republican Plan to "Reform" Recall in Wisconsin

In the last several days, news reports indicate Wisconsin Republicans are again advancing proposals to change the recall process in Wisconsin.  One such report (from the Washington Post) characterized the proposal as follows: 

On Thursday, legislators will consider proposals to drastically change the standards under which an elected official could be recalled.  One new proposal would only allow a recall of a statewide elected official if the official had either been charged with a serious crime that would be punishable by at least a year in prison, or been accused of a serious ethics violation.  Another proposal would require a member of the legislature to be accused of malfeasance before a recall could proceed.
 
The proposal to limit recall to officials who have been charged with a felony makes little sense.  If an official is convicted of a felony, they are automatically disqualified from office as a result of their conviction anyway.  So what is the point of allowing officials charged with a felony to be recalled when they are going to be out of office anyway if they get convicted?  Second, the standard of being "accused of a serious ethics violation" is odd.  What does the term "accused" mean for that standard?  Accused by whom?  In what setting or venue?   Moreover, what is a "serious" ethic's violation as opposed to one not judged to be "serious?"  Who decides whether the alleged violation is a "serious" one? 

 While these objections are rational reasons to not tinker with the law, I am not sure they would help to sway Republicans intent on forcing the issue out of distaste for the recall attempt on Governor Scott Walker.  What might make a difference is to demonstrate why the change is bad policy by anecdote. 
 
In Canada, the city of Toronto's current mayor is Rob Ford.  Mr. Ford has generated massive amounts of publicity lately for engaging in drunken rampages, admitting to having smoked crack "in a drunken stupor," threatening to "kill" someone on a video, admitting to having purchased illegal drugs within the last two years, and (most recently) being accused of engaging in sexual harassment at the office.  Mr. Ford is an embarrassment to Canada generally and the City of Toronto specifically.  Apparently, however, the Toronto City Council and the voters are unable to force him from office because no "recall" mechanism is in place there.

Perhaps efforts to gut Wisconsin's recall procedure would be defeated if legislators considered that if Rob Ford were the governor of Wisconsin, or a State Legislator or Mayor here, the new recall standards being touted by the Republicans would prevent citizens from acting to recall him from office.  Ford has not been charged with any felony (and likely will not be) and who knows whether what he has been doing constitutes a "serious ethics violation." 
 
Another example from recent Wisconsin history would be former Sheboygan Mayor Bob Ryan who was recalled in 2012 largely due to several incidents of boorish behavior in his personal life toward women while drunk that he was never charged for criminally.  Since it involved activity in his personal life, not in his capacity as Mayor, it wouldn't have constituted a "serious ethics violation." 
 
Wisconsin citizens certainly would want to have the option of recall available in such circumstances.  Republicans are hell bent on trying to prevent such politicians from being recalled.  They should be ashamed of themselves.  Changing a good law due to "sour grapes" is bad policy.