Colorado governor recall effort does not make ballot
A recall effort targeting Colorado Gov. Jared Polis did not make the ballot after recall supporters announced September 6 that they had not collected the required number of signatures. The group leading the effort—Dismiss Polis—needed to submit 631,266 signatures for the recall election to occur. They collected about 300,000, according to spokesperson Karen Kataline.
According to the petition, Dismiss Polis targeted Polis for recall because he signed legislation related to firearms, oil and gas, the national popular vote, and sex education during the 2019 legislative session.
- The firearms bill was designed to temporarily remove firearms from people who were deemed a threat to themselves or others. Polis signed this bill in April 2019.
- The oil and gas bill was designed to give local governments more control over regulating the industry. It also mandates that the state emphasize safety over promoting oil and gas production. Polis signed this bill in April 2019.
- The national popular vote bill was designed to award Colorado’s electoral college votes in the presidential election to the winner of the national popular vote. Polis signed this bill in March 2019.
- The sex education bill was designed to update the state’s curriculum for school districts that offer that education. The bill added instruction on such things as sexual orientation, consent, STDs, and pregnancy prevention. Polis signed this bill in May 2019.
After the recall effort ended, Polis stated: “After all that fuss, I was pleasantly surprised that they didn’t turn in a single signature on the recall. I hope the remaining misguided efforts against others see the same results as Tom Sullivan’s did before. Recalls should not be used for partisan gamesmanship.”
From 2003 to 2018, Ballotpedia tracked 17 gubernatorial recall efforts. During that time, two recalls made the ballot and one governor was successfully recalled. Former California Gov. Gray Davis (D) was recalled in 2003 and replaced by Arnold Schwarzenegger (R). In 2012, former Wisconsin Gov. Scott Walker (R) was retained in a recall election. The only other governor to be successfully recalled was former North Dakota Gov. Lynn Frazier (R) in 1921. Four gubernatorial recall efforts are currently underway in 2019.
Three Colorado state senators—Leroy Garcia (D), Brittany Pettersen (D), and Pete Lee (D)—are also facing official recall campaigns in 2019. Two state representatives—Rochelle Galindo (D) and Tom Sullivan (D)—were previously targeted for recall earlier this year. The recall targeting Galindo ended after she resigned in May 2019; while the recall targeting Sullivan ended in June 2019 after recall supporters abandoned the effort.
Colorado became a Democratic trifecta in 2019 after Democrats flipped the state Senate in the 2018 elections. Democrats control the state House 41-24 and the state Senate 19-16. Polis succeeded John Hickenlooper (D) as governor in 2019 after winning the 2018 election with 53.4% of the vote.
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Campaign finance reports published for Colorado Proposition CC

New Jersey court rules school district cannot pay salaries of union representatives
In a unanimous decision issued Aug. 21, a New Jersey appellate court ruled the Jersey City Board of Education cannot use public funds to pay the salaries of union representatives.
Who are the parties to the suit?
Plaintiffs Moshe Rozenblit and Won Kyu Rim reside within the Jersey City school district. They were represented by the Goldwater Institute. The defendants were the Jersey City Public Schools, the Jersey City Board of Education, and the Jersey City Education Association (the union representing the district’s teachers).
What was at issue?
The plaintiffs challenged a section of the collective bargaining agreement between the Jersey City Board of Education and the Jersey City Education Association that requires the board to pay the salaries of two teachers working full-time as union representatives. The plaintiffs specifically alleged that this section of the agreement violated Article VIII, Section 3, Paragraph 3 of the state constitution: “No donation of land or appropriation of money shall be made by the State or any county or municipal corporation to or for the use of any society, association, or corporation whatever.”
Meanwhile, the defendants held that the challenged provision was valid under Section 18A:30-7 of the New Jersey Statutes, which permits local boards of education to pay salaries in cases of absence not constituting sick leave. A lower state court had upheld this provision of the collective bargaining agreement, prompting the plaintiffs to appeal.
How did the court rule?
The panel was made up of Judges Jose L. Fuentes, Francis J. Vernoia, and Scott J. Moynihan. Writing for the court, Fuentes said: “Mindful of the principles of statutory construction, we conclude that N.J.S.A. 18A:30-7 does not empower the Board in this case to continue to pay the salaries and benefits of the president of the JCEA and his or her designee, while they devote their entire work-time to the business and affairs of the union.” The court declined to address the constitutional arguments made by the plaintiffs.
What are the responses?
- Goldwater Institute Director of National Litigation Jon Riches said, “Today is a great day for New Jersey taxpayers, because this puts an end to an egregious form of government cronyism. Today’s decision will help ensure that private unions no longer benefit from public dollars.”
- Jersey City Board of Education President Sudhan Thomas said, “We are intrigued by the ruling which only targets teacher’s unions which constitutes the single largest group of public employees while allowing other non-school staff public employee unions to continue the current release arrangement paid for by tax dollars.”
What comes next?
According to Hudson County View, “sources close to JCEA said that the union plans to fight the appellate court decision at this time.” The case name and number are Rozenblit v. Lyles, A-1611-17T1.
The big picture
Number of relevant bills by state
We are currently tracking 102 pieces of legislation dealing with public-sector employee union policy. On the map below, a darker shade of green indicates a greater number of relevant bills. Click here for a complete list of all the bills we’re tracking.
Number of relevant bills by current legislative status
Number of relevant bills by partisan status of sponsor(s)
Recent legislative actions
Below is a complete list of legislative actions taken since our last issue. Bills are listed in alphabetical order, first by state then by bill number.
- California AB314: This bill would require employers to grant employees paid time for certain union activities.
- Senate Appropriations Committee hearing scheduled Aug. 30.
Looking ahead to two U.S. House special elections in NC
Ballotpedia’s Weekly Presidential News Briefing: August 31-September 6, 2019
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Voters in Cary, North Carolina, must register by Friday the 13th to vote on two bond measures on October 8
