Wednesday, September 4, 2013
There was a time, not so long ago, when the phrase “permanent campaign” described a state of mind.
Now, as the number of state legislators who find themselves facing recall efforts mounts, the permanent campaign is taking on a much more literal meaning.
The recall election, once reserved for forcing out elected officials accused of crimes, ethics violations or gross misconduct, has become an overtly political tool — there’s even an app for recalls now.
Since 2011, voters in four states have successfully mounted petition drives to recall state legislators over new laws curbing the influence of public unions or expanding the reach of background checks on gun purchasers.
The number of recalls has spiked dramatically in recent years. Of the 32 successful recalls in the United States since 1911, one third — 11 — have taken place since 2011.
Of the 21 recall efforts that succeeded in forcing a sitting elected official back onto the ballot but failed at the polls, 13 have taken place in the past two years.
Two factors are driving the splurge of recall signature gathering: First, previously parochial politics are taking on a national flavor. Second, new technology available to political activists is lowering the once-high barrier to entry.
Early recall elections were overwhelmingly about local issues. When voters ousted Seattle Mayor Hiram Gill, a Republican, in 1911, they rendered a quick verdict on his legalization of gambling and prostitution in the city. Anti-tax activists in California succeeded in recalling Democratic Gov. Gray Davis in 2003 after he backed a $4 billion increase in vehicle license fees that pushed his approval ratings to record lows.
Outside groups are playing an increasing role in recalls. Public employee unions spent millions in Wisconsin on an unsuccessful effort to recall Republican Gov. Scott Walker in 2012, and additional millions to oust several Wisconsin state senators the same year, while conservative groups and the Wisconsin Chamber of Commerce spent millions more defending Walker. Data compiled by the Center for Public Integrity showed that more than half of the $63.5 million the two sides spent in the gubernatorial recall came from outside the state.
Unions and immigration advocates spent more than $200,000 in a successful bid to recall Arizona state Sen. Russell Pearce in 2011, while local home builders and law enforcement groups combined to spend almost as much to defend the immigration hard-liner.
This year, gun control advocates have spent more than $1 million, and public employee unions have spent hundreds of thousands more, defending two Democratic state senators in Colorado who backed strict new background check laws. Conservative groups such as Americans for Prosperity and the National Rifle Association, which drove the recall efforts in the first place, have spent hundreds of thousands of dollars on their own, mostly through opaque groups organized under section 501(c)(4) of the Internal Revenue Code.
Technology, too, is aiding those who are unhappy with their local legislators. In 2011, when the effort to recall Wisconsin’s Walker began, better voter lists and paid signature gatherers helped unions and Wisconsin Democrats gather more than 931,000 signatures — far in excess of the 540,000 they needed to force an election.
In one Colorado district, conservative groups used an iPhone app to access the secretary of state’s voter database and check whether a voter was eligible to sign the petition and exactly how they should sign it. (For example, the voter would be asked to sign the petition as “Robert” instead of “Bob” if the registration records reflected that name). The result: Of the 13,466 signatures turned in to the secretary of state’s office, almost 94 percent were deemed valid, a stunningly high number.
While recall supporters once needed to gather many more signatures than required by law to ensure they had enough valid entries, the new technology makes the work much easier, said Laura Carno, the conservative activist behind one of the Colorado recalls. “That group in Pueblo didn’t have any paid signature gatherers. They did it 100 percent with volunteers,” she said of the recall backers who used the app.
“If anybody can get 12,000 signatures, or whatever’s needed to recall somebody on a singular vote that somebody’s upset about, you’re going to see both parties using the recall process in a very aggressive fashion,” said Rick Ridder, a Colorado Democratic strategist. “We’ll now have legislative races in even-numbered years and odd-numbered years. That’s going to change the dynamic of politics in this state.”
And other states, as well. At least 17 states allow state legislators to be recalled from office. And as increasingly partisan state legislatures take on a growing number of controversial issues, from abortion and same-sex marriage to taxes and gun control, the number of activists angry enough to mount recalls is likely to increase, too.
“The next Republican that acts stupid, why don’t I use this?” mused Ridder.