Can you force a Governor to resign, despite not having a recall?

[cassanova]

This might be an odd question and I'm going to try and keep it from being political.

I know some states have a recall process where you can oust governors and other elected officials. Mine is not one of them.

What I'm curious to know though, is if a legitimate petition were created demanding the Governor resign and for arguments sake, say 75% of the states populous signed said petition. Would the Governor have to step down? I'm looking at it similar to a forced retirement scenario.

[DwaynieAD]

harrisburg pennsylvania would like to do this to its mayor, no dice yet.

[burk48237]

Originally Posted by cassanova

This might be an odd question and I'm going to try and keep it from being political.

I know some states have a recall process where you can oust governors and other elected officials. Mine is not one of them.

What I'm curious to know though, is if a legitimate petition were created demanding the Governor resign and for arguments sake, say 75% of the states populous signed said petition. Would the Governor have to step down? I'm looking at it similar to a forced retirement scenario.

Keeping this a legal question and not a political question. The short answer is no.

You might get them to realize that the "gig is in" and they would leave, but if they want to stay, nothing short of the legal process or the "threat" of the legal process can make them go. Their have been cases where elected officials have left as part of a deal to avoid criminal prosecution for something. But short of a recall or forced removal by a court (and in some states that may still require a legislative vote) most elected officials are there for the length of their term.

Most states have recall or impeachment processes, but they are lengthy not easily accomplished proceeders because they essentially require the overturning of the will of the voters. As a rule those are pretty tough things to do, and pretty high standards of mis-conduct are usually associated with impeachment's, usually serious felonies committed in office.

[warnergt]

Originally Posted by cassanova

...for arguments sake, say 75% of the states populous signed said petition...

Even if your cause were a 100% popular slam dunk, you would be
lucky to get 25% of voters to sign. Petitions are arduous tasks in the
best circumstances. When they hold no legal weight, don't even bother.

[Selta]

Politicians with millions of dollars and a lot of advertising around their elections can't get even 50% of the population to vote, yet you think you'd get 75% of people to sign a petition?

[cassanova]

Originally Posted by burk48237

Keeping this a legal question and not a political question. The short answer is no.

That's what I thought too.

Originally Posted by Ray Salamon

Politicians with millions of dollars and a lot of advertising around their elections can't get even 50% of the population to vote, yet you think you'd get 75% of people to sign a petition?

Don't even start man. I'm fairly confident you know damn good and well what I meant when I said, "for arguments sake lets say 75%..."

[etoncrow]

I do believe that the scenario where a politican has power, abuses it in some way and then refuses to relinquish that power is the very reason our founding fathers gave us the second amendment.

[aborgman]

Originally Posted by etoncrow

I do believe that the scenario where a politican has power, abuses it in some way and then refuses to relinquish that power is the very reason our founding fathers gave us the second amendment.

Well, yes... but out founding fathers considered the ability to peaceably elect someone else at the end of the term "relinquishing that power".

Now, if he loses an election then refuses to leave - you have the scenario they were envisioning.

[aborgman]

Originally Posted by cassanova

Don't even start man. I'm fairly confident you know damn good and well what I meant when I said, "for arguments sake lets say 75%..."

Just for a note - most places that have recall require a petition to get 10-20% of registered voters signatures to initiate the recall.

It's hard to get that.

[MakiSupaStar]

Oooh. A hypothetical political thread. Let me go get my popcorn.

[cassanova]

Lets just say (again for arguments sake) that 100% of a states population thinks the Governors doing a poor job and wants him/her governor gone. Then shouldn't the people be able to fire him without the need for recall laws? They're public servants that work for the people of the state. In any other job, if the boss/committee/or powers that be, wants you fired, then you're going to be fired. Especially, in the employment at will states.

[cassanova]

Originally Posted by MakiSupaStar

Oooh. A hypothetical political thread. Let me go get my popcorn.

I was aiming for a legal type one rather than political. But if you wouldn't mind, would you please grab me a bottled water while you're up?

[Floyd Eye]

Originally Posted by cassanova

Lets just say (again for arguments sake) that 100% of a states population thinks the Governors doing a poor job and wants him/her governor gone. Then shouldn't the people be able to fire him without the need for recall laws? They're public servants that work for the people of the state. In any other job, if the boss/committee/or powers that be, wants you fired, then you're going to be fired.

You're kidding right? If a guy is elected, he finishes his term unless he commits an impeachable offense. Civics 101.

[aborgman]

Originally Posted by cassanova

Lets just say (again for arguments sake) that 100% of a states population thinks the Governors doing a poor job and wants him/her governor gone. Then shouldn't the people be able to fire him without the need for recall laws?

No.

Just like a group of people shouldn't be able to decide a criminal is guilty and lynch him.

Our system of governance is dependent upon the "rule of law".

Originally Posted by cassanova

They're public servants that work for the people of the state. In any other job, if the boss/committee/or powers that be, wants you fired, then you're going to be fired. Especially, in the employment at will states.

If the people want him fired, the people need to talk to their elected representatives.

Those elected representatives have the power to

1) Impeach the governor
2) Pass laws authorizing recall

If the people want him fired, they just have to follow the "rule of law" and they can achieve it. It just isn't easy.

[Clark Dark]

wasn't the current gov of Cali recalled during a previous term ???

[cassanova]

Originally Posted by aborgman

No.

Just like a group of people shouldn't be able to decide a criminal is guilty and lynch him.

Our system of governance is dependent upon the "rule of law".




If the people want him fired, the people need to talk to their elected representatives.

Those elected representatives have the power to

1) Impeach the governor
2) Pass laws authorizing recall

I get that we're based on the rule of law, but I wasn't referring to a lynch mob mentality. What I meant was, shouldn't this be an inherent right of all legal citizens rather than a special privilege the state grants you?

Now if one thinks about it, as of late, the United States has been very supportive of revolutionaries in a few different countries that wanted their leader(s) out. They have been making statements such as "the people have spoken and they want so and so out," "the government is supposed to do the will of the people" etc, etc., all the while, pressuring said official(s) to relinquish their power.

Yet, in many, if not most states, and especially at the federal level, we aren't allowed to do the very thing our government is telling others to do. It just makes sense to me that since we encourage it in other countries, that we too should be able to recall our officials when we feel they're doing a very poor job.

[MakiSupaStar]

Originally Posted by Clark Dark

wasn't the current gov of Cali recalled during a previous term ???

Yes. We recalled Davis. It came to vote mid-term and he was voted out. That's how we got Arnold.

[cassanova]

Originally Posted by Clark Dark

wasn't the current gov of Cali recalled during a previous term ???

I think the last time a Governor of CA was recalled was Gray Davis, in 2003. Miami-Dade, very recently, ousted their Mayor Carlos Alvarez on or about, March 15th, 2011.

[Bob Lee (QSC)]

Originally Posted by etoncrow

I do believe that the scenario where a politican has power, abuses it in some way and then refuses to relinquish that power is the very reason our founding fathers gave us the second amendment.

What, not well-regulated militias, but assassination?

[DwaynieAD]

give em a dirt nap?