Recall Applications Filed Against Dade County Executive, District 4 Commissioner

Recall applications have been turned in seeking to begin the process of the possibility recalling two Dade County elected officials — County Executive Don Townsend and District 4 Commissioner Melissa Bradford.

Resident Melenda Varnell began the recall effort approximately two weeks ago and says she has collected the required signatures in support of the application involving Townsend and the application involving Bradford.

The filing of the applications marks the beginning of a process established under Georgia’s Recall Act, but it does not mean either official has been recalled or that a recall election has been scheduled.

Georgia Law Sets Several Steps Before Recall Election

Under Georgia law, organizers must first file an application for a recall petition.

The initial application requires signatures from at least 100 qualified electors or 10 percent of the number of electors registered to vote at the last preceding election for the office involved, whichever number is smaller.

Jason Oliver, elections supervisor for the Dade County Board of Elections, has explained that the election office is responsible for administering the process established under state law.

Because Bradford represents District 4, those sponsoring a recall application against her must meet the eligibility requirements applicable to voters in that district. Townsend is elected countywide, meaning his recall involves the countywide electorate.

With the signatures now turned in, election officials must determine whether the applications and signatures satisfy the initial requirements of Georgia law.

Recall Must Be Based on Grounds Allowed Under Georgia Law

Georgia does not provide for recall simply because voters disagree with an elected official or are dissatisfied with decisions made while that person is in office.

The Georgia Recall Act establishes specific grounds that can support a recall.

Those include malfeasance while in office, violation of the oath of office, misconduct in office, willful failure to perform duties prescribed by law, or the willful unauthorized misuse, conversion or misappropriation of public property or public funds.

The alleged conduct must also relate to and adversely affect the administration of the official’s current office and adversely affect the rights and interests of the public.

Georgia law also states that the discretionary performance of a lawful act or prescribed duty does not constitute grounds for recall.

The filing of a recall application containing allegations does not, by itself, establish that an official violated the law or committed misconduct.

The Recall Most Likely Will Go Before a Superior Court Judge

With the applications now submitted, the Dade County election office must follow the verification process required under state law.

The election superintendent’s review of an application for “legal sufficiency” includes determining whether the application is complete and whether it contains the required number of valid sponsor signatures. The election office does not decide whether the allegations themselves are sufficient to justify a recall.

Georgia law gives the elected official targeted by the recall an opportunity to ask Superior Court to review the grounds for the recall and the facts alleged in the application.

If Townsend or Bradford seeks that review within the period provided by state law, the person leading the recall effort could then be required to support the allegations before a Superior Court judge.

Under Georgia law, the judge’s review includes determining whether there is probable cause to believe the facts alleged in the recall application are true. The burden is on the petition chairperson to establish that probable cause.

The judge also considers whether the alleged conduct constitutes a legally sufficient ground for recall under Georgia law.

If the judge rules that the application is sufficient, the recall process can continue. If the judge finds the grounds or supporting facts legally insufficient, the recall cannot proceed at that stage, subject to the appeal rights provided under state law.

All other recall proceedings are suspended while a Superior Court review is pending.

Clearing the Application Stage Is Only the Beginning

Even if the initial applications are determined to meet the requirements, the signatures currently being reported would not be the signatures that ultimately force a recall election.

A second and much larger signature drive would follow.

For a local elected official, Georgia law requires the actual recall petition to contain signatures equal to at least 30 percent of the electors who were registered and qualified to vote at the last preceding election for candidates for that office.

For Bradford, that calculation would be based on the applicable District 4 voters.

For Townsend, the calculation would be based on the applicable countywide voters.

The requirement is based on registered and qualified voters.

Because a Dade County recall would require fewer than 5,000 signatures for an individual office, organizers would generally have 30 days after the official recall petition forms are issued to collect and submit the required signatures.

The election office would then have to verify those petitions and determine whether enough valid signatures had been submitted.

Voters Would Have Final Say

If an actual recall petition ultimately satisfies Georgia’s requirements, the election supervisor would call a recall election.

Under state law, the election generally would be held between 30 and 45 days after the election is called.

A successful petition itself does not remove an official.

Voters eligible to vote for the particular office would decide the question at the ballot box.

If more than half of the votes cast on the recall question favor recall, the official would be removed and the office would become vacant. If 50 percent or fewer vote in favor of recall, the official would remain in office.

The applications filed against Townsend and Bradford therefore represent the first stage of what could be a much longer process.

One of the next key developments will be whether the applications contain the required number of valid sponsor signatures and whether either Townsend or Bradford asks Superior Court to review the grounds and facts alleged in the recall applications.