Should Americans Be Able to Recall Politicians?
Last Tuesday was a decisive moment in American progressive politics. Chesa Boudin, the reformist prosecutor in San Francisco, was recalled with 60% of the vote going against him. Mayor London Breed will appoint Boudin’s successor. Ever since the vote, progressives have debated what exactly led to the temporary end of Boudin’s promising career. Critics charge that his approach to prosecuting was callous and sided too often with perpetrators of crime rather than with their victims. They believed that he was overwhelmed by the demands of the job and did not respond to San Franciscans worried about the effects of crime and homelessness. Supporters counter that the problems of the city were far outside of his control and that he was the victim of coordinated attacks from centrists and right-wing media.
Boudin’s removal has also touched off a discussion over whether or not Americans should be able to recall their elected officials as well as enact laws by initiatives and referendums. The Republican Party in California has been moribund for over a decade. But it has put two well-known Democrats in peril over the past year using recall elections. Some Democrats see the recall as a tool of conservative politics. They note that recall elections are often irregular, benefit older, wealthier voters, and are easily influenced by large-scale corporate funding. Democrats can also point to a host of California ballot initiatives that have done damage over the past 50 years, from Proposition 15 (a conservative pet project that has hamstrung local governments) to Proposition 8 (which briefly banned gay marriage).
There are two clear problems with the debate over recalls and referendums. The most obvious is the partisan nature of supporters and opponents. Purely partisan arguments are often bad faith attempts to protect one political side or the other. They make no impact on the public besides serving as ammunition for the culture wars. In many cases, recalls and referendums fit this mold. The recall process was not substantially challenged by Democrats in 2012 when Wisconsin governor Scott Walker was nearly recalled and replaced by a Democrat. It was seen as the culmination of a great popular movement and an expression of the will of the people. As John Nichols wrote for The Nation on the eve of that election,
While silly pundits (think George Will) and political insiders moan about election fatigue, you won’t find many actual Wisconsinites complaining. The year-and-a-half-long struggle for worker rights and local democracy — which began in February 2011, and continues to this day — has created a level of engagement that is simply unprecedented.
The same dynamic has been in place with other Democratic victories at the ballot box, such as independent redistricting commissions, the legalization of marijuana, and the citizen-led repeal of laws that Democrats oppose.
Besides the superficial partisan issues, there is the wider question of the role these practices should have in the American political system. Opponents of recall and referendum suggest that they relay too much information for the average American voter. They provide yet another election to study and another opportunity for message experts to propagandize.
But the attention span of voters has been a hotly debated topic in American politics for the past century. At the same time as the recall and referendum were adopted, other liberals argued that American voters were already overwhelmed with information in their annual elections. Herbert Croly, Walter Lippmann, and others believed that nonpartisan experts should have a greater role in interpreting information and handling many of the decisions of the government. Walter Lippmann once dismissed these kinds of reforms as incomplete, the “universal solvent of political evil” in the eyes of their supporters but wholly incapable of solving the problems of democracy on their own.
The criticisms of Croly and Lippmann have been decisively rejected. Following the New Deal, it became clear that traditional democratic policies could create a reformist state and sustain a liberal majority for decades. Voters built up institutions such as nonprofits and unions that would advocate on their behalf against the interests of capital owners and executives. The American people found ways to expand the franchise and experimented with new forms of voting that gave more power to individuals.
Furthermore, Americans were able to balance the new Progressive-era reforms in a responsible way for much of the 20th century. It is often forgotten that the drive for recall, initiative, and referendum also brought the American people the party primary. Primaries are seen as an essential part of American democracy today. But in many ways, they are just as problematic as recalls or initiatives. The American political system has determined that primaries are worth the possible pitfalls and criticizes parties or leaders who restrict the use of this tool.
American democracy is a constant balancing act between the protection of rights and the ability for individuals to have their political voices heard. In many instances, Democrats have supported voting rights and the expansion of the franchise. They should keep this broad support for democracy in mind when debating the power of recalls and referendums, even when many of these initiatives have gone against them in recent years.
I’ve always been a fan of these kinds of citizens actions, it’s a necessary corrective for our system.Report
Agreed. Mississippi wouldn’t have medical marijuana had not 74% supported the initial referendum. Which the state’s so called leaders tried to quash on a technicality. Thankfully enough politicians were swayed by the vote to ultimately support rule making.Report
Corrective actions are called elections.Report
If we normally called elections to happen in 6 weeks rather than having everything happen with a 2 year run up to obscure issues, sure.Report
What is the difference between a corrective measure and a bunch of people complaining about not liking the result of the election? The number of singatures for a recall is really low. Perhaps it was much harder to get this amount during the pre-WWII era. Now it seems pretty easy. Gavin Newsom had a recall election and his opponents were crushed. A lot of them still go around with mangled metaphors and too much self-esteem of being “Davids” crushed by “Goliath”Report
To be clear, Mississippi doesn’t have a statewide recall on the books. And for reasons you may surmise, the same politicians from the same party keep getting g re-elected no matter how badly they perform. So around here the referendum process is seen as a mid term corrective.Report
I’m not sure a referendum would change that. Mississippi was a solidly Democratic state and now it is a solidly Republican one. The politics of the state have not changed, the politics of the parties have.Report
As I state below, the number of signatures is a solid point of contention. It’s something that probably needs a better balance.Report
The ability to hold an organized recall is a compromise.
I mean, there are plenty of ways to say “you don’t get to be in a position of power”. Getting everybody together to vote on it is, like, the best way to do that. It’s a *LOT* more preferable than some of the other ways that have, historically, been used.Report
If only Ashli Babbit had started a recall.Report
Say what you will about Dan White, but he made sure that his recall-adjacent action followed-through.Report
I’m generally opposed to the recall, initiative, referendum, and proposition systems for the following reasons:
1. Running for reelection is a recall. Recall elections tend to require huge expenditures of public money. There is a good argument that Americans elect too many positions anyway. In California alone, I can vote for the mayor, the DA, the public defender, the Board of Supervisors, the City Attorney, the Community College board, the School Board, State Legislature, State Senate, Board of Equalizers, Governor, Comptroller, Attorney General, retention elections for various judges, etc. It is a lot and there is no way for any citizen to have full knowledge of every position and what it does.
2. The referendum/prop system always the legislature to shrink from its responsibilties and put things to the people.
3. Even though the process was designed to stymie corporate power and special interests, the process was quickly overtaken by corporate power and special interests who put forward very similar sounding but contradictory props meant to confuse even the most intelligent parsers and readers.
I’m told this is a very East Coast attitude.Report
I’m not sure using it as a shield for political cowardice is that bad of a thing. If an issue is contentious and high salience and can wreck careers for touching it, putting the ball back to the people is a way out. Then even if its a disaster, its a disaster the public choose rather than imposed by their betters.
What seems to be a problem to me is the California system of making the referendum results a higher law than the others, which hurts having a coherent program of governance. Maybe the results should just be ordinary law unrepealable for a limited time, maybe they should be like Westminster referendums and only consultative and of no legal force but moral authority.Report
Maybe but how about the fact that it is easy to hijack the system?Report
All political systems are subject to gamification. You just have expect that there’s going to be some of that going on regardless.Report
QFTReport
A minor point: the final numbers weren’t 60-40, they were 55-45.
The mail-in ballots broke for Chesa and broke HARD.Report
The mail-in ballots broke for Chesa and broke HARD.
That’s not unexpected. California is notorious for the blue shift that occurs due to the late-arriving ballots. So much so that Republican candidates have been known to concede while they are still leading in the official count.Report
Fair enough, but I expected something it to narrow by 5 points or so rather than, like, *TEN*.Report
Yes, although the number of signatures needed to force a recall is an important detail. There have been three attempts to recall Gov. Polis in Colorado. None of them succeeded. Both of the first two would have been successful if the California standard were in use.Report
This is my view as well.
I think recalls are an important tool, but should be compared to impeachment, which requires a pretty high bar to clear.Report
I agree, the signature count should be enough to demonstrate support with out being so high as to represent a serious burden to acquire AND validate.Report
My quasi-informed, quasi-thought opinion is that we should keep the ability to recall but that we should make sure the bar is high enough that it isn’t done willy-nilly. I’m not sure if that comes down to signatures or something other than 50%+1 deciding the outcome or what…
Speaking strictly hypothetically, do we want to see a politician who won an election 70-30 with 1M voters be recalled because of a recall election he loses 49-51 with 500K voters?Report
Agreed, although part of a recall is always going to be who cares enough to vote. If your popular politician steps in it, those who voted for them in the general election might not vote against in the recall, but they might not be willing to show up and vote for them either.Report
That’s a good point. A few years back, in the large school district where I lived, where school board elections were nominally non-partisan, a group of radical conservatives lied throughout the campaign and were elected. Once in place as the majority on the board, they promptly voted to rewrite the American History curriculum, and took on the company that does AP over course content. The AP people refused to cooperate, and denied the district the authority to call classes “AP”. As a result, no “points” in the college application process and no free college credits.
From the time a group of parents decided to recall those board members, it took less than six weeks to do the paperwork and collect the signatures. At the public library near where I lived, there was a block-long line of people waiting in the heat to sign the petitions. As I remember, the vote was on the order of 80/20 to recall them.Report
That makes sense. Which is why I think that just looking at percentages isn’t super helpful.
Without thinking through all the details, I could envision a structure that required a certain percentage of the people who initially voted FOR the person to vote AGAINST them to make the recall successful. Or something.
Like, I just don’t think we want to see recalls left and right because someone runs a motivated recall campaign during a busy time of year and gets just enough people who care out to recall someone who was otherwise broadly popular or at least not broadly unpopular.Report
Not workable, but I get your point. I mean, if you had a record of who voted for who…Report
To clarify, I just meant raw numbers.
Like, if the pol initially got 800K votes than at a minimum you’d need 60% of that to recall… so 480K. Not the initial voters themselves choosing to pull a different lever. So if only 500K people even showed up for the recall, you’d need overwhelming support for it to be successful.
Then again, if the person won the initial election 500K-499,999 then you could win a recall effort where folks vote 650K-350K against.
So, not sure my actual proposal works but something that makes it harder to recall someone than to simply vote them in/out during a typical election.Report
In cases of Ranked Choice Voting, would you use the first ballot or the last one?
For example, Chesa got ~69,000 votes in the first round and ~87,000 votes on the third (and final) one.
The recall itself had ~122,500 votes for “Yes”.Report
Oh, I hadn’t even considered rank choice voting!
On the final ballot — the one where he was elected — how many candidates were on the ballot?
My proposal — which was barely a proposal and would be hanging by a thread at this point — probably completely falls apart if someone gets elected with a non-majority of votes, since you’re starting from a place of — technically — more people preferring someone else than the eventual winner.
Again, my primary goal would be, “It should be harder to recall someone than to simply vote them in/out in a normal election cycle.” How much harder and how to achieve that, I’d leave to people smarter than I.Report
First ballot had four candidates, second ballot had three, third (and final) ballot was down to two. (50.8% to 49.2%, if that matters. In Round 1, he had 35.6%.)Report
So in a head-to-head matchup with another candidate, he got 87K votes?
And in the recall, 122K voted for him to be recalled?
If I have both those right, I’d say that shows there was more than enough public support for his ouster.
Out of curiosity, with ranked choice voting, do you vote a single time but in a way that accounts for the different permutations of candidates? Or do you keep coming back to vote again? The latter would be a run-off right and thus something different?Report
Depends on the method, but usually you vote once (assigning a rank to each candidate), and the permutations (or rounds) are permutations of counting those rankings.
(Source: me, sitting in coffee shops until the wee hours doing vote counting in ranked choice elections.)Report
You have 4 choices on the ballot, you rank them 1-4. If your number 1 fails to get enough votes, your number 2 becomes your votes. If 2 fails to get enough, 3 is your choice, etc.Report
Okay. Here’s how I understand Ranked Choice Voting.
You’ve got four people on the ballot. Let’s use the democrats from last time around because that’s fun.
Elizabeth Warren
Pete Buttigieg
Cory Booker
and
Kamala Harris.
Everybody picks their choices in order. Voter V votes like this:
1. Warren
2. Booker
3. Harris
4. Buttigieg
Voter W votes like this:
1. Buttigieg
2. Warren
3. Booker
4. Harris
They put their TOP vote first and then their second choice, then third, then fourth.
Okay. The TOP votes, and *ONLY* the TOP votes are counted.
Ends up like this:
1. Harris – 38%
2. Booker – 28%
3. Warren -21%
4. Buttigieg – 13%
Poor Pete. Came in fourth.
What we do now is we leave Voter V’s ballot alone! We just leave it alone! We get Voter W’s ballot (and everybody else who voted for Mayor Pete for #1) and say “okay, who’s the second choice” and then add all of the second choices to the previous first choices.
So let’s assume that *EVERYBODY* who voted for Pete for #1 voted the same way.
That would make the next ballot look like this:
1. Harris – 38%
2. Warren – 34%
3. Booker – 28%
So we *STILL* don’t have a clear winner and have to take everybody who voted for Booker in #1 or #2 and look at their ballots and add their third choices to either Warren or Harris.
Voter V, in our example, is still good.
Voter W, in our example, now has his ballot added to Warren.
Once again: Let’s assume that everybody who voted Pete and Booker for #1 or #2 voted Warren for #3.
Whammo:
1. Warren – 62%
2. Harris – 38%
You can do this with one single ballot.
The problem, of course, is that this *MIGHT* be confusing for some. How would you do it with a paper ballot and make it clear? How would you do it with a computer touchscreen?
I’m getting a headache just thinking about it.
But, anyway, that’s how it works. Kinda. Chesa was more people’s #1, #2, or #3 choice than Suzy Loftus was.Report
Got it.
So, again, if more people wanted Chesa recalled than voted him in to office, I have no issue with him being recalled. To me, whatever bar I would set would definitely have been cleared.Report
Is “third choice of four” a variant of “voting into office”?Report
I… don’t know? I’m not really sure what you’re talking about.
You said:
“In cases of Ranked Choice Voting, would you use the first ballot or the last one?
For example, Chesa got ~69,000 votes in the first round and ~87,000 votes on the third (and final) one.
The recall itself had ~122,500 votes for “Yes”.”
To me, that makes the recall more than legitimate.Report
Sure. But I’m asking if he had won the recall with something between 69,000 and 87,000, would that have been legit.
In theory, I mean.Report
Referenda are much overused in some states, like California.
The problem with making policy by referendum is that it is being made in isolation. Almost all voters want: (1) more resources spent on them and theirs; (2) lower taxes, at least for them and theirs; and (3) a balanced budget. This is, to say the least, hard to pull off, and probably incoherent. Politicians making policy on a day-to-day basis have to consider the impact of doing X on Y and Z and juggle the many considerations involved. A referendum usually puts just X on the table for a yes-or-no vote, and damn few of the voters think about what X will mean for Y and Z. Balancing competing interests is the essence of government. Referenda don’t balance.Report
I don’t see any benefit to standardizing recall laws. No one’s going to look at California and be persuaded they’ve done everything right, but to each (state or municipality) his own.Report
Recalls are pretty rare. As are impeachments. Both are necessary.
You can argue about the merits of them individually but don’t really get why someone who believes in democracy would be opposed to them conceptually.Report
For the same reason I don’t believe in football games being replayed if it turns out the refs were wrong a few days later – if somebody actually is doing as much damage as you think they are, then you should be able to defeat them when their term is up or get them removed via the variety of ways basically any politician can be removed in this country.Report
Oh, yes, let’s get rid of them -after- they start World War III, and we lose half our country to the promised nuclear strikes. Since the politicians have stopped listening to our military assessments of the situation, we are backing Russia into Total War.
Your world rings of complacency — the idea that a politician cannot do something so egregious as to be worth removing NOW, instead of in 5 years.Report
Prior to Trump, I could see your point.
Post-Trump, I don’t trust the political means of removal (impeachment, etc) as being effective.Report
Nationally, I agree with you. AT the state level, not so much:
https://apnews.com/article/jason-ravnsborg-south-dakota-impeachments-e5d62c76eedecf4c9290fecd821496aaReport
I’d still rather keep the option, I’m not seeing the Texas AG out on his posterior yet.Report
Which I find hugely ironic. Of course, why he’s been indicted for 5 years without a trial is its own question of malfeasance.Report
But it makes my point that political parties have no general incentive to push a fellow party member out of office. They might do it because the person has become a political liability, but I don’t trust them to do it because it is the right thing to do.Report
I agree – though that’s a recent position in the US. Nixon was going to be convicted by his own party after all.Report
Recent, yes. But the potential has always been there. I think gerrymandering has made it safer for parties to explore that potential.Report
Also true.Report
If an elected politicians is incompetent, he/she should face the same type of consequences that everyone else in society does. Football coaches included.Report