Wednesday, 15 April 2009
How to recall Sarah Palin
Section 11.8 - Recall.
All elected public officials in the State, except judicial officers, are subject to recall by the voters of the State or political subdivision from which elected. Procedures and grounds for recall shall be prescribed by the legislature.
HOW TO FILE AN APPLICATION
A recall is proposed by filing an application with the Director of the Division of Elections. A deposit of $100 must accompany the application. The money will be refunded if the petition is properly filed, and retained if the petition is improperly filed. (A recall petition is considered properly filed if the Director certifies the petition for the ballot.) [Ref. AS 15.45.480]
In addition to the deposit, the application must include:
1. the name and office of the person to be recalled;
2. the grounds for recall described in particular in a statement of not more than 200 words;
3. the designation, names, signatures, mailing addresses, and numerical identifiers of three prime sponsors with a statement saying they are the recall committee representing all sponsors of the recall. They must be properly registered voters.
4. the printed name, signature, addresses, and a numerical identifier of not fewer than 100 properly registered voters who will serve as sponsors. Their names must be attached to the application statement. The three recall committee sponsors must also sign as a qualified registered voter on the signature page.
(Note: Each page of signatures must include a statement saying that the sponsors are qualified voters who signed the application with the name and office of the person to be recalled and the statement of grounds for recall attached.)
5. the printed name, signature, addresses, and a numerical identifier of qualified voters equal in number to 10% of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled. [Ref. AS 15.45.500]
(21,194 signatures would be needed for the application)
REVIEW OF APPLICATION
After the Department of Law submits an opinion on content, the Director of the Division of Elections either certifies the application or denies certification. In either case, the recall committee is notified of the decision. [Ref. AS 15.45.540]
The Director denies certification if:
1. the application is not substantially in the required form;
2. the application was filed during the first 120 days of the term of office of the official subject to recall or within fewer than 180 days of the termination of the term of office of any official subject to recall;
3. the person named in the application is not subject to recall; or
4. there is an insufficient number of qualified subscribers.
[Ref. AS 15.45.550]
The term of office of the governor is four years, beginning at noon on the first Monday in December following his election and ending at noon on the first Monday in December four years later.
Having met the 10% minimum requirement in the original application, the petitioners are sent back out to bring that percentage up to 25% - 52,983 signatures
PREPARING THE RECALL PETITION BOOKLETS
For the recall, the Division of Elections is responsible for printing petition booklets in a number reasonably calculated to allow full circulation throughout the state or throughout the senate or house district of the official sought to be recalled. [Ref. AS 15.45.560]
Petition booklets include:
1. the name and office of the person to be recalled;
2. the statement of the grounds for recall included in the application;
3. a statement of minimum costs to the state associated with certification of the recall application and review of the recall petition, and conduct of a special election, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;
4. an estimate of the cost to the state of recalling the official;
5. the statement of warning as required in AS 15.45.570;
6. sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition; and
7. other specifications prescribed by the director to ensure proper handling and control.
8. (b) Upon request of the recall committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election in the state or in the district of the official sought to be recalled by the recall committee.
[Ref. AS 15.45.560]
Qualified voters who sign the application are designated as sponsors, who may or may not circulate the petition. If circulators designated by the initiative committee are not registered voters, they must sign a certificate of Alaska residency located on the back of each petition booklet that the circulator is circulating. Circulators must be 18 or older and a U.S. citizen.
PAYING PETITION CIRCULATORS
Petition circulators may not receive payment or agree to receive payment that is greater than $1 a signature, and a person or an organization may not pay or agree to pay an amount greater than $1 a signature for collecting signatures on a petition. Additionally, a person or organization may not knowingly pay or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition. A person or organization that violates this section of the law is guilty of a class B misdemeanor [Ref. AS 15.45.110]
FILING THE PETITION
Before a recall petition is filed, each petition booklet shall be certified by an affidavit by the person who personally circulated the petition. The affidavit states:
1. the person signing the affidavit is a citizen of the U.S., 18 years or older and resident of the state as determined under AS 15.05.020;
2. the person is the only circulator of the petition booklet;
3. the signatures were made in the circulator's presence;
4. the signatures, to the best of the circulator's knowledge, are those of the persons whose names are signed.
5. that, to the best of the circulators knowledge, the signatures are of persons who were qualified voters on the date of signature;
6. that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.580(b);
7. that the circulator has not violated AS 15.45.580(c) with respect to that petition; and
8. whether the circulator has received payment or has agreed to receive payment for collection of signatures
[Ref. AS 15.45.600]
The petition may not be filed if the public official subject to recall has fewer than 180 days left in his or her term of office. [Ref. AS 15.45.610]
The recall petition must be signed by qualified voters equal in number to 25% of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled. [Ref. AS 15.45.610]
SPECIAL ELECTION CALLED
If the petition is properly filed, and if the office is not vacant, the director shall prepare the ballot and shall call a special election to be held no fewer than 60 nor more than 90 days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held no fewer than 60 nor more than 90 days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election. [Ref. AS 15.45.650]
SPECIAL ELECTION CONDUCTED
All provisions regarding the conduct of a general election govern the conduct of a special election for the recall of a state public official. [Ref. AS 15.45.670]
Non-Alaskans will happily donate to help with the costs!