Even if the Texas Supreme Court were to side with a group trying to recall Mayor John Cook and two city representatives, the court and election calendars make a recall all but impossible, Cook's lawyer said Friday.
On Tuesday, December 21, 2010, the North Dakota Supreme Court blocked the efforts of Tea Party activists seeking to recall U.S. Senator Kent Conrad (D-ND). The court ruled that state law provides for the recall only of state and local elected officials, and not members of Congress (RECALLND v. Jaeger, 2010 ND 250 (2010)). The American Civil Rights Union (ACRU) filed a brief in support of local tea party organizations who sought a recall of Sen. Conrad, arguing that when the state Constitution refers to "recall," it applies to any elected official of the state, including Senators and Congressmen. Since the decision is based on state law, there can be no appeal to the U.S. Supreme Court. However, North Dakota tea party organizations are beginning efforts to amend the North Dakota Constitution to apply its recall provisions to members of Congress in order to maintain democratic accountability of all elected officials.
The New Jersey Supreme Court ruled 4-2 on November 18, 2010, that a provision in the state Constitution providing for recall of all elected officials, including Congressmen and U.S. Senators, was unconstitutional, overruling a unanimous lower court decision.
On July 14, North Dakota joined New Jersey in an effort to recall a U.S. Senator.
RecallND filed a complaint with the North Dakota Supreme Court claiming that the state's Secretary of State has unconstitutionally blocked a petition to recall U.S. Senator Kent Conrad (D-ND).
The complaint indicates that on May 13 North Dakota Attorney General Wayne Stenehjem published an opinion concluding that the North Dakota State Constitution does not allow for the recall of a U.S. Senator. On the same day, the office of the North Dakota Secretary of State claimed to have no authority to approve the circulation of RecallND's recall petition.
The American Civil Rights Union (ACRU) today filed a brief with the New Jersey Supreme Court urging the justices to affirm a state appellate court ruling ordering the Secretary of State to recognize a recall notice for U.S. Sen. Robert Menendez (D). If the court concurs, petitioners could begin immediately to collect the 1.3 million signatures needed within 320 days to put Menendez on the ballot. Menendez, who was elected in 2006, is not slated for re-election until 2012.
Continue reading “ACRU Files Brief Urging N.J. Supreme Court to Allow Menendez Recall Petitions ”.
"Senator Robert Menendez (D-NJ) petitioned the New Jersey Supreme Court to hear his appeal from the ruling of a state appellate court that a citizens committee seeking a recall election to remove him from office could proceed to circulate petitions to collect the signatures required under the New Jersey Constitution to qualify for such an election. The American Civil Rights Union (ACRU) filed an amicus curiae brief on April 21, 2010 with the New Jersey Supreme Court urging it to deny the petition from Senator Menendez to hear the case on the grounds that the circulation of petitions and the collection of signatures is political activity and political expression protected by the First Amendment which consequently should be allowed to proceed."
"A brief was filed on April 12, 2010 in Senator Menendez's behalf petitioning the New Jersey Supreme Court to hear arguments that the recall petition drive should be halted before it has begun. They claim that even though we have the right to elect the Senator, once elected, the People have no control over, nor right to change such a representative until the next election, six years later. Their argument, logically means that even if our Senator was completely incapacitated, and unable to represent our interests, we would have no right to replace him. That decision would lie in the hands of men such as Harry Reid. Clearly, the Founders did not have that situation in mind when they wrote the Constitution."
"It's a huge win for self-government and the rule of law," says ACRU's Susan Carleson.
The Appellate Division of the Superior Court of New Jersey this morning ruled that a petition effort by two state Tea parties to recall Sen. Robert Menendez can go forward, pending an appeal by Menendez's attorney.
The 3-0 ruling by the court says that the petition drive must wait 35 days while the Menendez team decides whether to appeal.
Continue reading “ACRU Cheers New Jersey Court's Approval of Menendez Recall Petition”.
Today the American Civil Rights Union filed an amicus brief (PDF) in support of a grassroots citizens effort to petition for recall of Sen. Robert Menendez (D-NJ).
The Sussex County Tea Party and NJ Tea Parties United, which filed the original petition request to gather signatures as The Committee to Recall Senator Robert Menendez from the United States Senate, contend that Menendez has violated his oath of office by voting for unconstitutional measures such as the attempted government health care takeover bill.
The New Jersey Secretary of State at the time rebuffed the request. So the matter is in court. Menendez is up for re-election in 2012. A successful recall petition drive could put him on the ballot this November.
Continue reading “Let People Decide, ACRU Says in New Jersey Recall Brief”.