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Joyce Woodhouse recall, Nevada State Senate (2017-2018)

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Nevada State Senate recall
Joyce woodhouse.jpg
Officeholders
Joyce Woodhouse
Recall status
Did not go to a vote
See also
Recall overview
Political recall efforts, 2018
Recalls in Nevada
Nevada recall laws
State legislative recalls
Recall reports

An effort to recall Joyce Woodhouse, a member of the Democratic Party, from her elected position representing District 5 in the Nevada State Senate failed to make the ballot. The effort was launched on August 2, 2017, and sought to replace Woodhouse with Republican Carrie Buck. Supporters of the recall effort needed to collect 14,412 signatures by October 31, 2017, to move the recall forward.[1]

Recall officials announced on April 9, 2018, that neither the Woodhouse or the Nicole Cannizzaro recall campaigns had the required number of signatures to qualify for the ballot. According to documents filed by Secretary of State Barbara Cegavske (R) on April 6, each recall fell short of the signature threshold by at least 1,500 signatures. More than 2,300 people were removed from the recall petitions after Clark County District Judge Jerry Wiese ruled on March 15, 2018, that they could withdraw their names.[2]

Recall supporters appealed Judge Wiese's decision and on April 19, 2019, the state Supreme rejected that appeal. The lawyers in the case argued over the constitutionality of allowing people to remove their names from a recall petition after it had already been turned in to state officials. The court said that Judge Wiese was correct in his decision to order a full recount of the signatures on the Woodhouse and Cannizzaro recall petitions. The court's decision officially ended the recalls against the two state senators.[3]

The recall petition did not give an official reason for the recall against Sen. Woodhouse, but signature-gatherers told residents that Woodhouse was targeted for recall over her support of sanctuary city legislation.[1]

In August 2017, two other Nevada state senators, Patricia Farley (nonpartisan) and Nicole Cannizzaro (D), had recall petitions filed against them. As of August 2017, Democrats had a 10-9 majority with one nonpartisan member—Farley—caucusing with Democrats and one vacancy. The vacant seat was previously held by a Democrat.

Timeline

  • April 19, 2019: The state Supreme Court rejected the appeal of the recall supporters, officially ending the recalls against Sen. Woodhouse and Sen. Cannizzaro. The court said that Judge Wiese was correct in his decision to order a full recount of the signatures on the Woodhouse and Cannizzaro recall petitions. The recount found that neither recall had the necessary amount of valid signatures to trigger a recall election.[4]
  • March 4, 2019: The state Supreme Court heard oral arguments in the appeal on March 4. The lawyers in the case argued over the constitutionality of allowing people to remove their names from a recall petition after it had already been turned in to state officials.[5]
  • October 17, 2018: According to an audit report, the recall attempts against two Nevada senators should have initially been declared invalid had the state's secretary of state's office used a more effective sampling methodology. State auditors submitted recommendations to the Executive Audit Branch Committee to improve the state's process for verifying signatures for recall petitions.[6]
  • August 31, 2018: Lawyers for the recall supporters filed their opening briefs to appeal to the state Supreme Court a lower court's decision against qualifying the recall petitions to the ballot.[7]
  • May 30, 2018: Supporters of the Woodhouse and Cannizzaro recalls filed a notice in court that they were appealing Jerry Wiese's decision to the state Supreme Court.[8]
  • April 18, 2018: Judge Jerry Wiese ruled that the recalls against Woodhouse and Cannizzaro failed to qualify for the ballot.[9]
  • April 9, 2018: Recall officials announced that the Woodhouse and Cannizzaro recall efforts did not have the necessary signatures to make the ballot.[2]
  • March 15, 2018: Clark County District Judge Jerry Wiese ruled that forms submitted by people requesting to have their names removed from the recall petitions targeting Woodhouse and Cannizzaro must be counted.
  • February 7, 2018: The recall lawsuit was heard in court. Read more here.
  • November 3, 2017: Nevada secretary of state determined 15,444 signatures were valid.
  • October 30, 2017: Supporters submitted 17,502 signatures.
  • August 2, 2017: Stephen Silberkraus and two others filed paperwork with the Nevada secretary of state to begin the recall process.[1]
  • June 5, 2017: The Nevada State Legislature adjourned its 2017 legislative session. SB 389 and SB 223 died in committee.
  • March 20, 2017: Senate Bill 389 was introduced. Read more here.
  • February 27, 2017: Senate Bill 223 was introduced. Read more here.

Background

Nevada Senate District 5

State Sen. Joyce Woodhouse (D) was elected to the chamber for the second time in 2012. She previously served in the state Senate from 2007 to 2009. She was defeated by Michael Roberson (R) in the 2010 elections.

During the 2017 legislative session, Woodhouse was a co-sponsor of Senate Bill 223 and the main sponsor of Senate Bill 389. Introduced by Sen. Yvanna Cancela (D) on February 27, 2017, SB 223 would have limited the immigration data given to the federal government by local law enforcement. The bill died in the Senate Judiciary Committee during the legislative session. Woodhouse introduced SB 389 on March 20, 2017, and it would have prohibited local and state law enforcement from providing an individual's immigration status to the federal government. The bill would have allowed the federal government to receive the information if a court order was provided or if it could be proven that disclosing the information would lead to a prosecution or would be necessary to protect the public.[10] The legislation died in the Senate Government Affairs Committee during the session.

Recall supporters

The recall effort was initiated by former Republican Assemblyman Stephen Silberkraus; Silberkraus' wife, Chelyn Sawyer; and David Satory. The recall sought to replace Woodhouse with Republican Carrie Buck.[1] Woodhouse defeated Buck in the 2016 general election by a margin of 469 votes, 47.9 percent to 47 percent.

The recall petition did not give a reason for the recall against Sen. Woodhouse, but Henderson resident Cathy Kama told The Nevada Independent that a signature-gatherer who knocked on her door told her that the recall was for Woodhouse's support of sanctuary city legislation.[1] Nevada law does not require a reason to be given for a recall.

Lieutenant Governor Mark Hutchison's (R) law firm, Hutchison & Steffen, represented the recall committees against Sen. Farley, Sen. Joyce Woodhouse, and Sen. Nicole Cannizzaro. Hutchison's chief of staff, Ryan Cherry, confirmed that the lieutenant governor was aware that his law firm was representing the recall supporters but stated that Hutchison would not comment on the recalls until the process played out. Cherry said, "He [Hutchison] supports the voters right to chose [sic] whether to recall or retain an elected official. If 25 percent of voters sign a petition to recall that’s an indication that there is an appetite to hold a recall election. Let the process play out. He trusts Nevada voters." Gov. Brian Sandoval (R) said that he had no plans to support the recall efforts.[11]

List of supporters

Recall opponents

Here was Joyce Woodhouse's official response to the recall effort, filed on August 2, 2017.[13]

It has been an honor to be elected three times by the voters of Senate District 5, and I'm proud of what we have accomplished for Nevada kids and families this past legislative session. This is an abuse of the recall process by individuals who are unfortunately still bitter about the results of the last election. I’m grateful to my colleagues and constituents for the outpouring of supportive calls, texts, and tweets. If Republicans do get the required signatures, I’m confident voters will make the same decision they already made last November.[14]

After the signatures were submitted, Sen. Woodhouse made the following statement:[15]

I will be monitoring the signature verification process closely, and I look forward to defending my record of accomplishment and continuing to fight for my constituents. I’m proud of what we accomplished for Nevada’s children and families working in a bipartisan way with Governor Sandoval this past legislative session. It has been an incredible honor to be elected three times by the voters of Senate District 5, and I’m confident voters would make that same decision again.[14]

Of the 11 seats up for election in 2018, Democrats held four seats, Republicans held six seats, and one seat belonged to a nonpartisan member. Sen. Woodhouse represented a district that voted for Hillary Clinton (D) in 2016 by 48 percent to 46 percent.[16] Woodhouse's seat was not up for election again until 2020 when she was term-limited.[17]

Legal challenges

Democratic injunction

Attorneys for Nevada Democrats on November 6, 2017, filed a request for a preliminary injunction to block the recall efforts against the three state senators. At the time of the filing, three recall petitions were underway against the three state senators, but the recall against Sen. Patricia Farley (nonpartisan) submitted insufficient signatures on November 9, 2017. The injunction was similar to the lawsuit that Democrats filed in October over the recall efforts. Attorneys Marc Elias and Bradley Schrager argued in the request that if special elections were needed in the recalls, it would “'burden, abridge, and deny the fundamental right to vote' for voters in the three state Senate districts."[18] U.S District Court Judge James Mahan set a hearing for the injunction on November 29, 2017.[19]

On November 17, 2017, Democrats filed an order to delay the November 29 hearing until the court could take action on a separate lawsuit involving the Woodhouse recall. On November 21, 2017, Judge Mahan agreed to indefinitely delay the hearing for an injunction.[20]

Woodhouse lawsuit

Nevada Democrats also collected signatures from people who signed the Woodhouse recall petition but wanted their name removed from the list. The deadline to submit those signatures or challenge any signatures was on November 13, 2017.[15] On November 13, 2017, Democrats filed a lawsuit in Clark County District Court claiming that more than 5,500 signatures submitted in the recall against Woodhouse were invalid. Democrats said that more than 2,000 petition signers filed to have their names removed from the Woodhouse recall. The lawsuit also claimed that more than 3,000 signatures submitted in the recall came from people who either were not registered to vote in District 5, did not vote in 2016, or were not registered to vote in Nevada.[21] The lawsuit was heard in court on February 7, 2018.

Clark County District Judge Jerry Wiese ruled on March 15, 2018, that forms submitted by people requesting to have their names removed from the recall petitions targeting state Sen. Joyce Woodhouse (D) and state Sen. Nicole Cannizzaro (D) had to be counted.[22]

Recall officials announced on April 9, 2018, that neither the Woodhouse nor Cannizzaro recall campaigns had the required number of signatures to qualify for the ballot. According to documents filed by Secretary of State Barbara Cegavske (R) on April 6, each recall fell short of the signature threshold by at least 1,500 signatures. More than 2,300 people were removed from the recall petitions after Wiese ruled that they could withdraw their names.[2]

On April 18, 2018, Judge Jerry Wiese ruled that the recalls against Woodhouse and Cannizzaro failed. After a recount of the signatures, each recall was found to have an insufficient amount of valid signatures. The review found in the Woodhouse recall that 14,216 signatures and 1,388 submission removal forms were valid. With the induction of the removal forms, the recall fell short of the 14,412 signatures needed to make the ballot by around 1,600 signatures. The review found in the Cannizzaro recall that 14,469 signatures were valid, falling short of qualifying for the ballot by 506 signatures. With the signature removal forms, the Cannizzaro recall fell short of the recall threshold by around 1,900 signatures. In the Cannizzaro recall, 14,975 signatures were needed to make the ballot.[9]

List of opponents

Campaign finance

Recall opponents

In November 2017, the Washington Post reported that the Democratic Legislative Campaign Committee had raised almost $1 million to oppose the recalls. The National Democratic Redistricting Committee also pledged $50,000 to oppose the recall efforts.[23]

Recall supporters

The Republican State Leadership Committee (RSLC) donated $160,000 in support of the recall effort against Sen. Patricia Farley. Matthew Walter, president of the RSLC, said that his organization also donated to the recall committees that tried to recall Woodhouse and Cannizzaro, but he did not say how much was given.[24]

Path to the ballot

See also: Laws governing recall in Nevada

According to a 2010 court ruling by the Nevada Supreme Court, those who seek to recall public officers must collect signatures of at least 25 percent of the voters who cast their ballot in the election when the officers last won their seats.[25]

For the recall against Sen. Woodhouse to be placed on the ballot, supporters of the recall needed to gather 14,412 signatures within 90 days of the recall petition being submitted. Recall supporters had until October 31, 2017, to turn in signatures for the recall to go forward.[1] Supporters submitted 17,502 signatures on October 30, 2017.[15]

Call for a special election

If the secretary of state's office determines that a recall petition is qualified, the filing officer has between 10 and 20 days to issue a call for a special election unless a court complaint has been filed. The special election is held 30 days after the call.

There are two types of special elections that can be held for a recall. (1) If no other candidates are nominated to be voted on in the special election, the ballot will include the public officer's name and office and the words "For Recall" and "Against Recall." (2) If other candidates are nominated to be voted on in the special election, the public officer's name and office and the other candidate names will be printed on the ballot. The words "For Recall" and "Against Recall" are omitted from the ballot.[26]

Election history

2016

See also: Nevada State Senate elections, 2016

Elections for the Nevada State Senate took place in 2016. The primary election took place on June 14, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 18, 2016.

Incumbent Joyce Woodhouse defeated Carrie Buck and Tim Hagan in the Nevada State Senate District 5 general election.[27][28]

Nevada State Senate, District 5 General Election, 2016
Party Candidate Vote % Votes
     Democratic Green check mark transparent.png Joyce Woodhouse Incumbent 47.89% 26,208
     Republican Carrie Buck 47.03% 25,739
     Libertarian Tim Hagan 5.09% 2,784
Total Votes 54,731
Source: Nevada Secretary of State


Incumbent Joyce Woodhouse defeated Nicholas Lash in the Nevada State Senate District 5 Democratic primary.[29][30]

Nevada State Senate District 5, Democratic Primary, 2016
Party Candidate Vote % Votes
     Democratic Green check mark transparent.png Joyce Woodhouse Incumbent 85.48% 4,145
     Democratic Nicholas Lash 14.52% 704
Total Votes 4,849


Carrie Buck ran unopposed in the Nevada State Senate District 5 Republican primary.[29][30]

Nevada State Senate District 5, Republican Primary, 2016
Party Candidate
    Republican Green check mark transparent.png Carrie Buck  (unopposed)

Recent news

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See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 Las Vegas Review-Journal, "Petition filed to recall Sen. Joyce Woodhouse of Henderson," August 9, 2017
  2. 2.0 2.1 2.2 The Nevada Independent, "State: Recalls targeting Democratic state senators don't have enough signatures to qualify for ballot," April 9, 2018
  3. Las Vegas Review-Journal, "Unanimous Nevada Supreme Court ends recall effort against Democrats," April 19, 2019
  4. The Nevada Independent, "Supreme Court decision ends Republican-backed attempts to recall state senators," April 19, 2019
  5. The Nevada Independent, "State Senate recall case targeting Democrats argued before Supreme Court," March 4, 2019
  6. The Nevada Independent, "Audit: Secretary of State should have initially declared state Senate recall petitions invalid," October 18, 2018
  7. The Nevada Independent, "13 months later, legal challenges in effort to recall state senators reaches Supreme Court," September 6, 2018
  8. KNPR, "Backers Of Effort To Recall Democratic Lawmakers To Appeal," May 31, 2018
  9. 9.0 9.1 The Nevada Independent, "Judge rules recall efforts targeting state senators dead; possible appeal uncertain," April 18, 2018
  10. The Nevada Independent, "More than 190 bills introduced on Monday, from ESA bill to banning plastic bags," March 20, 2017
  11. The Nevada Independent, "With law firm involved in state Senate recalls, Lt. Gov. Mark Hutchison still noncommittal: 'Let the process play out,'" August 15, 2017
  12. 12.0 12.1 Reno Gazette-Journal, "3rd Nevada senator target of Republicans’ recall petitions," August 17, 2017
  13. Twitter, "Joyce Woodhouse on August 10, 2017," accessed August 16, 2017
  14. 14.0 14.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  15. 15.0 15.1 15.2 Las Vegas Review-Journal, "Petition targeting state Sen. Woodhouse gets enough signatures for recall election," November 3, 2017
  16. Daily Kos, "Daily Kos Elections' 2016 presidential results for congressional and legislative districts," February 6, 2017
  17. Nevada State Legislature, "Term Limits—impacts on the Nevada Legislature," accessed August 16, 2017
  18. Nevada Independent, "Democrats ask federal court to block recall efforts against trio of state senators," November 8, 2017
  19. Las Vegal Review-Journal, "Recall dud, gubernatorial bid finish busy week in Nevada politics," November 12, 2017
  20. The Nevada Independent, "Court indefinitely delays oral arguments in federal case challenging recalls of Democratic state senators," October 22, 2017
  21. Las Vegas Review-Journal, "Democrats file suit claiming Woodhouse recall petition signatures invalid," November 13, 2017
  22. Las Vegas Review-Journal, "Judge strikes blow against recall of Democratic Nevada senators," March 14, 2018
  23. Washington Post, "After losing control a year ago, Nevada GOP is trying to flip state senate through unexplained recall process," November 29, 2017
  24. Las Vegas Review-Journal, "National Republican group funded attempt to recall Farley," December 8, 2017
  25. Las Vegas Review-Journal, "Court reverses ruling allowing recall election," July 3, 2010
  26. Nevada Secretary of State, "Recall guide," accessed November 13, 2017
  27. Nevada Secretary of State, "2016 Master Statewide Certified List of Candidates," accessed August 19, 2016
  28. Nevada Secretary of State, "2016 general election results," accessed November 25, 2016
  29. 29.0 29.1 Nevada Secretary of State, "2016 Election Certified List of Candidates," accessed May 16, 2016
  30. 30.0 30.1 Nevada Secretary of State, "Official Primary election results," accessed August 22, 2016
  31. Nevada Secretary of State, "2012 Primary candidates," accessed May 5, 2014
  32. Clark County, "2012 Primary candidates," accessed May 5, 2014
  33. Washoe County, "2012 General Election candidates," accessed May 5, 2014(Archived)
  34. Nevada Secretary of State, "Official Results of the 2012 Primary Election," accessed April 23, 2014
  35. Nevada Secretary of State, "2010 General Election Results," accessed May 5, 2014
  36. Nevada Secretary of State, "2006 General Election Results," accessed May 5, 2014