Norfolk Recall Petition Proposals

The Recall Petitions
This subject was raised among the Norfolknet Notes messages, and the thread was later separated out, and eventually killed by the analysis below. Read it and mourn :-)

4/3 10:54pm   I added links from the two column headings to the appropriate Articles in the Town Meeting Warrant.
3/18 9:58pm   I spent Sunday studying the recall petition warrant articles. The two are actually very similar, with only three substantial points of divergence:

Voter-determined vs. legislated acceptable reasons for having a recall petition
15% vs. 25% of elegible voters required to sign the petition to hold a recall election
No vs. 25% minimum voter turnout required for the recall election results to be valid
Given a typical voter participation of 30% (1999 town election), the overall effect of the differences is to make successful recalls much more difficult using the second, ``clearly stated reasons'' language. Those of you who wish to familiarize yourselves with the proposals can read the two submitted articles side-by-side, with my annotations, [ below ]. - Wm.

3/18 8:12pm   Welcome to the Norfolknet literature club! On this page you will find the annotated versions of the two competing recall procedure proposals. Apologies in advance for any typos I may have introduced; the two corrections I added, [ in brackets ] are not in the original sources, but are needed for intelligibility. (And no, this has nothing to do with literature other than the abstruse reference to annotation, which I used to do with my high school English lit books).
Consider this my Sunday civics homework. I value my role as a voter, I have read the initiatives, and I have formed an opinion. This page is not objective political analysis like you would find in your voter pamphlet. Read this page with the understanding that the annotations serve more to explain my thinking than to explain the issues.
The two proposals are very similar in structure and language. It really is a shame that the two versions could not be combined into a single proposal. Oddly enough, though all the publicity has focused on limiting reasons for removal, two possibly even more significant changes are found buried deep in the language of the petitions.
These are the substantive differences as I understand them:

Voter-determined or legislated acceptable cause for a recall petition (Section 1)
15% vs. 25% of elegible voters' signatures required to request a recall vote (Section 2)
Any vs. 25% mandated voter turnout for the recall election results to be valid (Section 6).

Below you can read the two recall procedures side-by-side. I tried to transcribe them as faithfully and correctly as I could, and maintained the layout and formatting as much as possible.
My own comments are below each section on a yellow background - Wm.

Original Recall Procedure Petition of Aug. 31, 2000
(Article 24 on the Town Warrant) Subsequent Recall Procedure Petition
(Article 25 on the Town Warrant)
To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure:
An Act Providing for Recall Elections in the Town of Norfolk

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure.
AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NORFOLK.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Identical.

Section 1. A holder of an elected office in the Town of Norfolk may be recalled therefrom by the registered voters of said town as herein provided, except that the maximum number of members of a board that may be recalled is a majority. SECTION 1. Any holder of an elected office in the Town of Norfolk may be recalled therefrom by the qualified voters of said town as provided in this act for any of the following reasons: lack of fitness; neglect of duties; corruption; misfeasance or violation of oath. Exercising discretion in voting or acting on matters before such office holder shall not constitute a reason for recall.

The original petition allows the voters to democratically determine what is sufficient cause for removal from office, whereas the challenging petition limits it to offenses that would already be sufficient even without a procedure - and in effect disallows any other transgressions from being considered! Interestingly, the ``exercising discretion'' clause could create a loophole to bypass both the neglect of duties and conflict of interest restrictions on officeholders - after all, patronage is just a form of discretion. Oh, and: Misfeasance: intentional misuse of public power, or the performance of a lawful action in an illegal or improper manner.
Section 2. Any two hundred registered voters of the Town of Norfolk may initiate a recall petition by filing with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. At least sixty-six names of registered voters shall be from each of the voting precincts into which said town is divided. SECTION 2. Any 200 registered voters of the Town of Norfolk may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for such recall. At least 66 names of registered voters shall be from each of the voting precincts into which said town is divided.
Virtually identical.
Said Town Clerk shall thereupon deliver to said voters making such affidavit, a sufficient number of copies of petition blanks demanding such recall, a supply of which shall be kept on hand. Such blanks shall be issued by the Town Clerk, with his/her signature and official seal attached thereto. Upon certification of the required signatures, said Clerk shall thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to the board of selectmen demanding such recall, copies of which printed forms he shall keep available. Said blanks shall be issued by said Clerk with his signature and official seal attached thereto.
Same intent; I don't know whether it is significant to whom the petition blanks are delivered, to everyone or to the first one named.
Further, such blanks shall be dated, shall be addressed to the Slectmen of said town and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to said office. A copy of the affidavit shall be entered into a record book to be kept in the office of said Town Clerk. They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said Clerk.
Virtually identical, as long as ``issued'' and ``delivered'' are not used synonymously (ie, assuming ``issued'' covers the 200 petitioners, and ``delivered'' indicates those petitioners that come to pick up the forms.)
Said recall petition shall be returned and filed with the Town Clerk within twenty days after the filing of the affidavit and shall be signed by at least fifteen percent of the registered [voters; sic] of said town, who shall add to their signatures their place of residence, including their street, number and precinct; provided; however, that not more than thirty-three and one third percent of the total number shall be from any one precinct. The recall petition shall be returned and filed with said Clerk within 30 days after the filing of the affidavit and shall have been signed by at least 25 per cent of the registered voters of the town as of the date such affidavit was filed with said Clerk. To every signature shall be added the place of residence of the signer, giving the street and number, if any.
Here is one of the major differences between the two proposals - to get the question to ballot, signatures must be gathered. In the original petition, the threshhold is placed at 15% of the signatures of registered voters (the 1999 Town Report lists 5423). The competing proposal raises that to the remarkable 25%. As a point of reference, the total number of votes cast in the 1999 Town Election was 1617, 30% of those registered.

The Town Clerk shall, within twenty-four hours of receipt thereof, submit the signed petition to the Registrars of Voters in the town and said registrars shall, within five working days, certify thereon the number of signatures which are names of registered voters of the town.
Said Clerk shall, within 72 hours of receipt thereof, submit the petition to the registrars of voters in the town, and said registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the town.
Administrative details affecting the Town Clerk.
Section 3. If the petition shall be found and certified by the Town Clerk to be sufficient, said Town Clerk shall submit the same with his certificate to the Selectmen within five working days, give written notice of receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less that sixty-five nor more than ninety days after the date of the Town Clerk's certificate that a sufficient petition has been filed; SECTION 3. If the petition shall be found and certified by the Town Clerk to be sufficient, he shall submit the same with his certificate to the board of selectmen without delay and said board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within five days thereafter, said board shall order an election to be held on a date fixed by them not less than 65 nor more than 90 days after the date of said Clerk's certificate that a sufficient petition has been filed;
Same intent.
provided, however, that if any other town election is to occur within one hundred days after the date of the certificate the Selectmen shall postpone the holding of the recall election to the date of such other election. No person shall be subject to recall if his term of office expires within ninety days of the certificate. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. provided, however, that if any other town election is scheduled to occur within 120 days after the date of the certificate, said board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
More administrative differences, merging a recall election with an upcoming town election in 100 vs. 120 days.
Section 4. An officer sought to be removed may be a candidate to succeed himself and, unless such officer requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election and the conduct of same, shall be in accordance with the provisions of law relative to elections unless otherwise provided herein. SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomiation. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act.
Virtually identical.
Section 5. An incumbent shall continue to perform the duties of the office until a recall election is held. If not recalled, such officer shall continue in office for the remainder of his unexpired term subject to recall as before, except as provided in this section. If such officer is recalled in the recall election, he shall be deemed removed upon the qualification of his successor, who shall hold office for the remainder of the unexpired term. If a successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
Similar, though the ``in this section'' part in the original petition is a little ambiguous in light of Section 7.
Section 6. Ballots used in a recall election shall submit the folliwing propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be an oval which a voter, by filling in the oval, may vote for either of said propositions. Under the propositions shall appear the word ``Candidates'', the directions to the voters required by Section forty-two of Chapter fifty-four of the General Laws and, beneath this, the names of candidates nominated in accordance with the provisions of law relating to elections. If two-thirds of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared [elected; sic]. If more than one-third of the votes on the question are in the negative, the ballots for candidates need not be counted. SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer)
Against the recall of (name of officer)
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (x), may vote for either of said propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as herein before provided. If two-thirds of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If more than one-third of the votes cast on the question is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the town participate in the election, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled.
Here is another significant impediment to any recall petition - the second version requires no less than 25% turnout! In addition, the second petition seems to mandate a manual vote count; our town tabulating equipment uses electronic scanners that detect filled-in ovals, whereas the follow-up petiton specifies X-ed check-boxes.
Section 7. No recall petition shall be filed against an officer within ninety days after he takes office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least ninety days after the election at which his recall was submitted to the voters. SECTION 7. No recall petition shall be filed against an officer within six months after he takes office, nor in the last six months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his recall was submitted to the voters of the town has elapsed.
Provision to block back-to-back recall efforts.
Section 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to town office within one year after such recall or such resignation. SECTION 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to any town office within two years after such recall or resignation.

Temporary ban on recalled officials serving again.
Section 9. This act shall take effect upon its passage. SECTION 9. This act shall take effect upon its passage.

Original Recall Procedure Petition of Aug. 31, 2000 (Article 24 on the Town Warrant)	Subsequent Recall Procedure Petition (Article 25 on the Town Warrant)
To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure: An Act Providing for Recall Elections in the Town of Norfolk Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:	To see if the Town will vote to petition the State Legislature to enact the following Recall Procedure. AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN OF NORFOLK. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Identical.
Section 1. A holder of an elected office in the Town of Norfolk may be recalled therefrom by the registered voters of said town as herein provided, except that the maximum number of members of a board that may be recalled is a majority.	SECTION 1. Any holder of an elected office in the Town of Norfolk may be recalled therefrom by the qualified voters of said town as provided in this act for any of the following reasons: lack of fitness; neglect of duties; corruption; misfeasance or violation of oath. Exercising discretion in voting or acting on matters before such office holder shall not constitute a reason for recall.
The original petition allows the voters to democratically determine what is sufficient cause for removal from office, whereas the challenging petition limits it to offenses that would already be sufficient even without a procedure - and in effect disallows any other transgressions from being considered! Interestingly, the ``exercising discretion'' clause could create a loophole to bypass both the neglect of duties and conflict of interest restrictions on officeholders - after all, patronage is just a form of discretion. Oh, and: Misfeasance: intentional misuse of public power, or the performance of a lawful action in an illegal or improper manner.
Section 2. Any two hundred registered voters of the Town of Norfolk may initiate a recall petition by filing with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. At least sixty-six names of registered voters shall be from each of the voting precincts into which said town is divided.	SECTION 2. Any 200 registered voters of the Town of Norfolk may file with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for such recall. At least 66 names of registered voters shall be from each of the voting precincts into which said town is divided.
Virtually identical.
Said Town Clerk shall thereupon deliver to said voters making such affidavit, a sufficient number of copies of petition blanks demanding such recall, a supply of which shall be kept on hand. Such blanks shall be issued by the Town Clerk, with his/her signature and official seal attached thereto.	Upon certification of the required signatures, said Clerk shall thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to the board of selectmen demanding such recall, copies of which printed forms he shall keep available. Said blanks shall be issued by said Clerk with his signature and official seal attached thereto.
Same intent; I don't know whether it is significant to whom the petition blanks are delivered, to everyone or to the first one named.
Further, such blanks shall be dated, shall be addressed to the Slectmen of said town and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to said office. A copy of the affidavit shall be entered into a record book to be kept in the office of said Town Clerk.	They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said Clerk.
Virtually identical, as long as ``issued'' and ``delivered'' are not used synonymously (ie, assuming ``issued'' covers the 200 petitioners, and ``delivered'' indicates those petitioners that come to pick up the forms.)
Said recall petition shall be returned and filed with the Town Clerk within twenty days after the filing of the affidavit and shall be signed by at least fifteen percent of the registered [voters; sic] of said town, who shall add to their signatures their place of residence, including their street, number and precinct; provided; however, that not more than thirty-three and one third percent of the total number shall be from any one precinct.	The recall petition shall be returned and filed with said Clerk within 30 days after the filing of the affidavit and shall have been signed by at least 25 per cent of the registered voters of the town as of the date such affidavit was filed with said Clerk. To every signature shall be added the place of residence of the signer, giving the street and number, if any.
Here is one of the major differences between the two proposals - to get the question to ballot, signatures must be gathered. In the original petition, the threshhold is placed at 15% of the signatures of registered voters (the 1999 Town Report lists 5423). The competing proposal raises that to the remarkable 25%. As a point of reference, the total number of votes cast in the 1999 Town Election was 1617, 30% of those registered.
The Town Clerk shall, within twenty-four hours of receipt thereof, submit the signed petition to the Registrars of Voters in the town and said registrars shall, within five working days, certify thereon the number of signatures which are names of registered voters of the town.	Said Clerk shall, within 72 hours of receipt thereof, submit the petition to the registrars of voters in the town, and said registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the town.
Administrative details affecting the Town Clerk.
Section 3. If the petition shall be found and certified by the Town Clerk to be sufficient, said Town Clerk shall submit the same with his certificate to the Selectmen within five working days, give written notice of receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less that sixty-five nor more than ninety days after the date of the Town Clerk's certificate that a sufficient petition has been filed;	SECTION 3. If the petition shall be found and certified by the Town Clerk to be sufficient, he shall submit the same with his certificate to the board of selectmen without delay and said board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within five days thereafter, said board shall order an election to be held on a date fixed by them not less than 65 nor more than 90 days after the date of said Clerk's certificate that a sufficient petition has been filed;
Same intent.
provided, however, that if any other town election is to occur within one hundred days after the date of the certificate the Selectmen shall postpone the holding of the recall election to the date of such other election. No person shall be subject to recall if his term of office expires within ninety days of the certificate. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.	provided, however, that if any other town election is scheduled to occur within 120 days after the date of the certificate, said board shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
More administrative differences, merging a recall election with an upcoming town election in 100 vs. 120 days.
Section 4. An officer sought to be removed may be a candidate to succeed himself and, unless such officer requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election and the conduct of same, shall be in accordance with the provisions of law relative to elections unless otherwise provided herein.	SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Clerk shall place his name on the ballot without nomiation. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act.
Virtually identical.
Section 5. An incumbent shall continue to perform the duties of the office until a recall election is held. If not recalled, such officer shall continue in office for the remainder of his unexpired term subject to recall as before, except as provided in this section. If such officer is recalled in the recall election, he shall be deemed removed upon the qualification of his successor, who shall hold office for the remainder of the unexpired term. If a successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.	SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
Similar, though the ``in this section'' part in the original petition is a little ambiguous in light of Section 7.
Section 6. Ballots used in a recall election shall submit the folliwing propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Immediately at the right of each proposition there shall be an oval which a voter, by filling in the oval, may vote for either of said propositions. Under the propositions shall appear the word ``Candidates'', the directions to the voters required by Section forty-two of Chapter fifty-four of the General Laws and, beneath this, the names of candidates nominated in accordance with the provisions of law relating to elections. If two-thirds of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared [elected; sic]. If more than one-third of the votes on the question are in the negative, the ballots for candidates need not be counted.	SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer) Against the recall of (name of officer) Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (x), may vote for either of said propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as herein before provided. If two-thirds of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If more than one-third of the votes cast on the question is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the town participate in the election, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled.
Here is another significant impediment to any recall petition - the second version requires no less than 25% turnout! In addition, the second petition seems to mandate a manual vote count; our town tabulating equipment uses electronic scanners that detect filled-in ovals, whereas the follow-up petiton specifies X-ed check-boxes.
Section 7. No recall petition shall be filed against an officer within ninety days after he takes office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least ninety days after the election at which his recall was submitted to the voters.	SECTION 7. No recall petition shall be filed against an officer within six months after he takes office, nor in the last six months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his recall was submitted to the voters of the town has elapsed.
Provision to block back-to-back recall efforts.
Section 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to town office within one year after such recall or such resignation.	SECTION 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to any town office within two years after such recall or resignation.
Temporary ban on recalled officials serving again.
Section 9. This act shall take effect upon its passage.	SECTION 9. This act shall take effect upon its passage.