New Jersey Tea Partiers to Recall Senator Menendez

The New Jersey tea partiers are taking their anger at public officials to a whole new level. They won an appellate court case that would allow them to recall U.S. Senator Robert Menendez. However they must collect 1.3 million signatures to put Menendez on the ballot.

In 1993 New Jersey voted themselves the right to recall elected officials in the state legislature or those who represent them in the United States Congress. In 1995 the New Jersey's state constitution was officially amended under Article I, 2b.

"the power to recall, after at least one year of service, any elected official in this State or representing this State or representing this State in the United States Congress."

Secretary of State Nina Wells tried to deny the tea partiers by stating that the "New Jersey constitution was unconstitutional." The appellate court thought otherwise.

Secretary Wells is a controversial character. Biggovernment.com outlined her exploits:

Appointed to her post in January 2006 by outgoing Democratic Governor Jon Corzine, Wells was a key democratic fundraiser and close friend to Corzine. She has been called one of the Garden State's 101 most influential people, and NJ Monthly profiled her and high-profile attorney husband Ted Wells in its Power Issue. Daughter Teresa worked on Senator John Edwards' presidential campaign and as Corzine's traveling press secretary, prior to accepting a position at the Rockefeller Foundation as chief media strategist. In her capacity as Secretary of State, Ms. Wells is perhaps best known for the Obama birth certificate case, Donofrio v. Wells. But Wells has faced more plausible scrutiny, such as fallout after a Princeton University professor's successful hacking attempts on NJ voting machines, and a multitude of indictments of Vote-by-Mail voter fraud, including forgery of messenger ballots, on her watch (see here, here, here, here, and Dem. State Committee lawyer Josephson letter here). In 2008, Wells also overlooked a state law prohibiting candidates from running for President and US Senate in the same election, and improperly certified candidate Jeff Boss for both offices. (who on an unrelated note runs on a 9/11 truther platform).

There are currently 18 states whose constitution allows the recall of public officials as outlined by the National Conference of State Legislatures:

Table 1: Summary of State Recall Provisions for Statewide and Legislative Officers

	Who Can Be Recalled	Signature Requirement	Circulation Time
Alaska	All but judicial officers	25% of the votes cast in the last election for the official being recalled	Not specified
Arizona	All	25% of the votes cast in the last election for the official being recalled	120 days
California	All	For statewide officers: Others: 20% of the votes cast in the last election for the official being recalled12% of the votes cast in the last election for the official being recalled, 1% from each of 5 counties	160 days
Colorado	All	25% of the votes cast in the last election for the official being recalled	60 days
Georgia	All	For statewide officers: Others: 30% of eligible voters for office at time of last election 15% of eligible voters for office at time of last election, 1/5 from each congressional district	90 days
Idaho	All but judicial officers	20% of eligible voters for office at time of last election	60 days
Kansas	All but judicial officers	40% of the votes cast in the last election for the official being recalled	90 days
Louisiana	All but judicial officers	If over 1,000 eligible voters: If fewer than 1,000 eligible voters: 40% of eligible voters for office at time of last election 33.3% of eligible voters for office at time of last election	180 days
Michigan	All but judicial officers	25% of total votes cast for position at last election	90 days
Minnesota	State executive officers, legislators, judicial officers	25% of total votes cast for position at last election	90 days
Montana	All	For statewide officers: For district officers: 15% of eligible voters for office at time of last election 10% of eligible voters for office at time of last election	3 months
Nevada	All	25% of the votes cast in the last election for the official being recalled	60 days
New Jersey	All	25% of the registered voters in the electoral district of the official sought to be recalled	Governor or U.S. Senator: All others: 160 days 320 days
North Dakota	All but U.S. Congress	25% of the votes cast in the last election for the official being recalled	Not specified
Oregon	All but U.S. Congress	15% of total votes cast in officer's district for all candidates for governor in the last election	90 days
Rhode Island	Governor, Lt. Governor, Secretary of State, Treasurer, Attorney General	15% of total votes cast for said office in last general election	90 days
Washington	All but judicial officers	For statewide officers: Others: 35% of the votes cast in the last election for the official being recalled 25% of the votes cast in the last election for the official being recalled	Statewide officers: Others: 180 days 270 days
Wisconsin	All	For statewide officers: Others: 25% of the votes cast for position of president in last election 25% of total votes cast for position at last election	60 days

All states should have recall provisions in their constitution. North Carolina definitely needs this measure in order to protect its citizens from the machinations of Senator Kay Hagan.