Proposal to revise recall law raises concerns

Removing 'incompetence' as reason to remove elected officials draws committee debate

? Members of the House Ethics and Elections Committee members peppered a state official Monday with questions about a bill making it harder to recall elected officials.

Brad Bryant, deputy assistant secretary of state, spent almost an hour answering questions, including whether the measure went too far in reducing voters’ powers. The Secretary of State’s Office supports the bill.

“It’s supposed to make the procedure better,” Bryant said.

The bill eliminates “incompetence” as one of the reasons provided by state law for recalling an elected official, leaving only “misconduct” and “failure to perform a legal duty.”

Misconduct is defined in the bill as “a violation of law by the officer that impacts the officer’s ability to perform the official duties of the office.”

For statewide and legislative positions, the secretary of state would review recall petitions and determine if a recall election were warranted. Locally, the job would be handled by the county or district attorney.

Under current law, elections officials determine only whether recall supporters have gathered enough signatures on petitions to have a recall election.

Rep. R.J. Wilson, D-Pittsburg, asked if the proposed change would give county attorneys far more power at the expense of voters’ authority

Bryant said his office saw the change as a way to weed out frivolous recall attempts.

A recent recall case in the Kaw Valley School District raised questions about the definitions of misconduct and incompetence. A district judge threw out a petition to recall three school board members, saying the recall law was vague.

The committee did not vote on the bill Monday.