Wis. panel considers bill limiting local recalls

Associated Press

May 22, 2013

MADISON — A group of municipal officials pressed Wisconsin lawmakers Tuesday to make it harder to initiate recall elections at the local level, saying it's currently too easy and that such campaigns often divide communities.

Town of Garfield board chairman Steve Dickinsen told the Assembly Committee on Campaigns and Elections that a recall is usually the best way for people to call out officials they don't agree with on issues, but it can be "divisive" if done too frequently.

Dickinsen said the Osseo-Fairchild school district has had two recalls on school board officials since 2002 over its use of American Indian mascot logos. He said the recalls hurt the morale of schools and the community, fueling fierce disputes between people who called the logos culturally offensive and demeaning to American Indians and those who strongly disagreed.

Dickinsen joined others in speaking in favor of a bill that would make it harder to recall an elected municipal official.

Recall occurs most frequently at the local level, according to the National Conference of State Legislatures. The NCSL said estimates show three-fourths of recall elections are at the city council or school board level.

Currently, at least 29 states allow local recalls.

Under the proposal introduced by Republican Rep. Alvin Ott, of Forest Junction, qualified voters would have to show that official has been charged with committing a crime or committing an ethics violation when circulating a recall petition.

Current law allows them to do so as long as their reason for the recall is related to the person's official responsibilities. For example, a loss in morale in city hall could be cited as the reason for a recall attempt, Ott said.

He said recalls often target local officials who are simply doing their jobs, which inevitably involve making tough and unpopular decisions.

"Constant chaos is unhealthy for the government," he said. "Simple disagreement on an issue should not be the basis for the recall of a local elected official."

In a letter sent to the committee, John Ashley, executive director of the Wisconsin Association of School Boards, said the board has long been supporting narrowing the use of a recall petition to illegal or immoral activities.

"Taking controversial stands on issues of the day, or promoting public policy opposed by a vocal minority should not subject an elected official to a recall," Ashley said. "If some voters want change, the next regular scheduled election is when that action should take place."

But Robert Kraig, director of the Milwaukee-based advocacy group Citizen Action, opposed the measure, saying it will reduce elected officials' accountability to the public.

"I think it goes too far," Kraig said in an email. "Recalls historically have been very rare, so concern that there is some avalanche of frivolous recalls is not supportable."

Chris Ahmuty, executive director of the American Civil Liberties Union of Wisconsin, called limiting recalls to crimes and ethics violations unnecessary, noting officials would usually resign or be forced from office under such circumstances therefore don't need a recall.