Recalls during 2020 + today’s resumption of SCOTUS oral arguments
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[The Daily Brew by Ballotpedia]
** WELCOME TO THE MONDAY, JAN. 11, BREW.
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** HERE’S WHAT’S IN STORE FOR YOU AS YOU START YOUR DAY
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* 2020 had fewest number of successful recalls since 2012
* Supreme Court begins January sitting
* Pennsylvania appeals court rules 2019 Marsy’s Law measure unconstitutional
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** 2020 HAD FEWEST NUMBER OF SUCCESSFUL RECALLS SINCE 2012
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Now that 2020 is over, we’re able to take an in-depth look at one of the most interesting areas of electoral politics—recalls. The NUMBER OF SUCCESSFUL RECALL EFFORTS NATIONWIDE LAST YEAR—29—WAS THE FEWEST NUMBER SINCE WE BEGAN TRACKING RECALLS IN 2012. The year with the second-fewest number of successful recalls—34—was in 2019.
The total number of recall efforts last year—226—was the third-most during this period. Ballotpedia considers a recall effort as started when proponents initiate recall proceedings with the appropriate election officials. We cover all recall efforts against elected officials across the country that we learn about, even of officeholders that are outside our normal coverage scope. Thirty-nine states allow recalls of elected officials.
The 2020 election cycle saw a 50% increase in recall efforts as compared with 2019 when we tracked 151. Over the past nine years, 2016 had the most recalls with 282 efforts against 390 officials.
* SINCE OUR FIRST REPORT IN 2012, THE NUMBER OF RECALL EFFORTS HAS RANGED FROM 151 IN 2019 TO 282 EFFORTS IN 2016.
* The number of successful recall efforts has ranged from last year’s 29 to 77 in 2018. The average number of successful recalls per year during this period is 45.
[Recalls by year]
Here are three other highlights from Ballotpedia’s 2020 Recall Analysis:
* As has been the case since 2016, city council members were the subject of more recall petitions than any other officeholder. Ninety-five city council members were targeted for recall in 2020. Mayors and vice-mayors faced the second-most recall efforts with 51.
* California had the highest number of officials targeted for recall with 39, a distinction it also had in four of the past five years. Michigan had the highest number of recall efforts in 2018, with 65.
* Though 272 officials had recalls started against them, some were the focus of multiple recall efforts. Recall attempts targeting 148 officials did not make it to the ballot, while efforts against 96 officials remain ongoing.
Click the link below to read the full report, which includes more statistics and graphs, as well as summaries of some of the year’s notable recall efforts.
> KEEP READING ([link removed])
** SUPREME COURT BEGINS JANUARY SITTING
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The Supreme Court of the United States will resume hearing cases for its January sitting today—Jan. 11. The Court announced on Jan. 5 that it would hear oral arguments via teleconference and provide live audio of the arguments, just as it had for its October, November, and December sittings.
THE SUPREME COURT ANNOUNCED ON MAR. 12, 2020, THAT IT WAS CLOSING TO THE PUBLIC INDEFINITELY "OUT OF CONCERN FOR THE HEALTH AND SAFETY OF THE PUBLIC AND SUPREME COURT EMPLOYEES."
The Court will hear a total of three hours of oral argument this week in three cases:
* Jan. 11: Albence v. Guzman Chavez ([link removed])
* Jan. 12: Uzuegbunam v. Preczewski ([link removed])
* Jan. 13: AMG Capital Management, LLC v. Federal Trade Commission ([link removed])
The Court also released the list of cases on Dec. 31 that it will hear from Feb. 22 through Mar. 3. It will hear eight hours of oral argument in eight cases during this period.
So far, the Court has agreed to hear 48 cases during its 2020-2021 term. Of those, 12 were originally scheduled for the 2019-2020 term but were delayed due to the coronavirus pandemic. The Court heard 62 cases during its 2019-2020 term and 69 cases during its 2018-2019 term.
> KEEP READING ([link removed])
** PENNSYLVANIA APPEALS COURT RULES 2019 MARSY’S LAW MEASURE UNCONSTITUTIONAL
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The Pennsylvania Commonwealth Court ruled on Jan. 7 that a 2019 ballot measure known as Marsy's Law violated the Pennsylvania Constitution. Marsy’s Law is a type of crime victims’ rights amendment. The ballot measure received approval from 74% of Pennsylvania voters. The ballot measure results were never certified, per a court order, due to pending litigation.
The Pennsylvania Commonwealth Court is one of the state's two intermediate appellate courts. This court usually hears cases involving state and local governments, regulatory agencies, elections, and other topics.
A five-judge panel of the court ruled ([link removed]) 3-2 that the proposal violated the separate-vote requirement for constitutional amendments. According to the Pennsylvania Constitution, “When two or more amendments shall be submitted they shall be voted upon separately.” The panel’s majority included two Democratic and one Republican justice. Both justices in opposition were Republicans.
Judge Ellen Ceisler (D) wrote the majority’s opinion, which ruled that Marsy’s Law would impact separate rights and provisions of the state constitution. Judge Mary Hannah Leavitt (R) dissented, stating that Marsy’s Law created constitutional rights for crime victims without changing existing provisions of the state constitution.
Marsy’s Law ballot measures faced similar lawsuits in state courts in Kentucky and Montana. The amendment was struck down in Montana for violating the state’s separate-vote requirement on constitutional amendments. In Kentucky, after it was struck down for reasons related to ballot language, the state Legislature placed it on the ballot again in 2020. The 2020 version, which was approved, included the full text of the measure on the ballot.
AS OF JANUARY 2021, 12 STATES HAD MARSY'S LAW AMENDMENTS, AND 14 STATES, INCLUDING MONTANA AND PENNSYLVANIA, HAD VOTED TO APPROVE MARSY’S LAW. Henry Nicholas, the co-founder of Broadcom Corp., started campaigning for Marsy's Law measures to increase the rights and privileges of victims in state constitutions. Marsy's Law is named after Nicholas' sister, Marsy Nicholas, who was murdered in 1983.
States colored grey in the map below include some crime victims’ rights provisions in their state constitutions but not the complete components of Marsy’s Law.
[Marsy's Law in U.S.]
> KEEP READING ([link removed])
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