Challenge to Colorado school board recall petition denied in hearing

An effort to recall Lance McDaniel from his position as the District A representative on the Montezuma-Cortez School District Board of Education in Colorado was approved to move forward in a petition challenge hearing on November 23, 2020. If the decision is not appealed in district court and if McDaniel does not resign by November 30, a recall election will be scheduled.

The recall effort started in July 2020. Recall supporters said McDaniel had shown a “lack of leadership and has proven to be a poor role model for our children,” regarding several of his social media posts. The petition stated, “We need school board members that understand leadership and the power of mentoring, and know not to voice their personal, political, or social opinions that could influence children.”

McDaniel said he was not concerned about the recall effort. “When it gets down to it, I’m a loudmouth liberal, and they don’t like that,” he said. McDaniel said he stood by his social media posts. “The conservatives don’t like the fact that there are some more progressive people in the town,” he said.

To get the recall on the ballot, supporters of the effort had to submit 1,126 signatures in 60 days. The number of signatures was equal to 40% of the citizens in the school district who voted in the last school board election. Recall supporters submitted the signatures by the deadline, and Montezuma County Clerk and Recorder Kim Percell determined enough signatures were valid.

Before a recall election could be scheduled, four challenges were submitted against the petition, saying the petition was “baseless, frivolous and infringes on Mr. McDaniel’s First Amendment rights of freedom of speech.” A hearing on the challenges was held on November 19, and the challenges were denied on November 23. Hearing Officer Mike Green said that the recall petition met the statutory requirements.

McDaniel is one of seven members on the board of education. He was appointed to his position in 2018.

In 2019, Ballotpedia covered a total of 151 recall efforts against 230 elected officials. Of the 66 officials whose recalls made it to the ballot, 34 were recalled for a rate of 52%. That was lower than the 63% rate and 57% rate for 2018 and 2017 recalls, respectively.

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