Monday, April 04, 2011

Let's get to work removing Rick Scott from office. By Geniusofdespair


You know how you go to a movie and you hate it after 5 minutes but assume it will get better so you stay, but it never does get better. That is our future with Rick Scott, I say let's cut our losses early. The Huffington Post calls Rick Scott a Grifter. They say "he has become the very face of buyer's remorse." Carl Hiaasen said in his Sunday column: "Today’s lackluster assemblage in Tallahassee is possibly the worst in modern times, and cannot fairly be compared to anything except a rodeo of phonies and pimps. It’s impossible to remember a governor and lawmakers who were more virulently anti-consumer, and more slavishly submissive to big business."

So what are we to do? There is no recall of a Governor in the Florida constitution, that is why State Senator Gwen Margolis is trying to put it in with legislation. But do we have the time for this lengthy process with all the damage this guy is doing and further, will the State Legislature even put it on the ballot? Tick, tick, tick, time is wasting.

I personally can't wait to find out. Here is my plan. We start a petition campaign to rid Florida of its number one tea bagger with a constitutional amendment. Here in section 3 of the Florida Constitution, it tells us the only legal channel citizens have to turn to:

Initiative — The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but one subject and matter directly connected therewith. It may be invoked by filing with the custodian of state records a petition containing a copy of the proposed revision or amendment, signed by a number of electors in each of one half of the congressional districts of the state, and of the state as a whole, equal to eight percent of the votes cast in each of such districts respectively and in the state as a whole in the last preceding election in which presidential electors were chosen. (That means we only need 676,506 signatures as 8,456,329 voted in 2008).

I presume our petition can say something like: Do you want to remove Rick Scott from office? We would have to make it legally okay. Maybe it has to be specific, like "Any Governor who pleaded the 5th amendment 75 times be removed from office." Or "Any Governor whose company was fined in excess of 1 Billion Dollars be removed from office." I spoke to an attorney who tells me this would raise 'bill of attainder' issues. Ouch! I don't like the sound of that (and don't know what it means). He suggested that we instead simply amend the constitution to end the sitting governor's term 3 days (arbitrary) following the adoption of this amendment, with a special election to be held on date X, with the term of the interim governor to end at the time that the sitting governor's term would have ended.

Or we can wait for Gwen Margolis' legislation (Senate Bills 1688 and 1700 and House Bills 785 and 787) which would be slow because it is a two step process (and I don't think it will be well received by legislators). In Margolis's scenario first we have to get legislators to place the recall Statute on the ballot and then we have to vote for it. Second we have to put Rick Scott's recall on the ballot in a petition drive and then we have to approve that in an election. All that would take too long - about 2 or 3 years at a minimum. I think we can get rid of him with one carefully worded petition drive in a year if we get the unions to help. He has gotten enough unions angry at hi that is for sure. Let them flex their muscle with their numbers and their pocketbooks.

We would have plenty of money to mount a Statewide petition drive with union support, and also the manpower to collect signatures. So, LET'S GET TO WORK!

See Senator Margolis' Senate Bill:


35-01333-11 20111688__
1 Senate Joint Resolution
2 A joint resolution proposing the creation of Section 8
3 of Article VI of the State Constitution to provide for
4 the recall of the Governor, Lieutenant Governor,
5 members of the Cabinet, and legislators.
6
7 Be It Resolved by the Legislature of the State of Florida:
8
9 That the following creation of Section 8 of Article VI of
10 the State Constitution is agreed to and shall be submitted to
11 the electors of this state for approval or rejection at the next
12 general election or at an earlier special election specifically
13 authorized by law for that purpose:
14 ARTICLE VI
15 SUFFRAGE AND ELECTIONS
16 SECTION 8. Recall of governor, lieutenant governor, members
17 of the cabinet, and legislators.—
18 (a) Recall is the power of the electors to remove a person
19 from elective office before his or her term expires. The
20 governor, lieutenant governor, members of the cabinet, and
21 legislators may be removed from office by the electors in a
22 recall election. This method of removing persons from elective
23 office is in addition to any other method provided by this
24 constitution or general law.
25 (b) The recall of a public official under this section is
26 initiated by delivering to the Secretary of State a petition
27 containing the name of the person sought to be recalled and the
28 alleged reason for the recall. The sufficiency of the reason is
29 not reviewable. Proponents have 120 days to circulate and file
30 signed petitions, and the Secretary of State shall maintain a
31 continuous count of the signatures certified to that office.
32 (c) A petition to recall a public official other than a
33 legislator under this section must contain signatures from each
34 of the 67 counties in the state, and the signatures must equal
35 15 percent of the total votes cast in the last election for the
36 office. All electors of the state may sign the petition to
37 recall the official. If the recall petition is successful and a
38 recall election is held, all electors in the state may vote in
39 the recall election.
40 (d) A petition to recall a legislator must contain
41 signatures equal to 20 percent of the total votes cast in the
42 last election for the office. Only electors of the district the
43 legislator represents may sign the petition to recall the
44 legislator. If the recall petition is successful and a recall
45 election is held, only electors of the district the legislator
46 represents may vote in the recall election.
47 (e) Notwithstanding any other provision of this
48 constitution or law, if the petition to hold a recall election
49 under this section is successful, the election for a successor
50 to the office shall be held simultaneously with the recall
51 election. The election to determine whether to recall a public
52 official under this section and elect a successor shall be
53 called by the Secretary of State and held not less than 60 days
54 nor more than 80 days after the date of certification of the
55 number of sufficient signatures. However, if the next regularly
56 scheduled election is to be held within 100 days after the date
57 of certification of sufficient signatures, the Secretary of
58 State may schedule the recall election on the same date as the
59 regularly scheduled election. The public official who is the
60 subject of the recall may not be a candidate for the office.
61 (f) If the majority vote on the question is to recall the
62 public official, the official shall be removed and the candidate
63 who receives the highest number of votes cast in the election
64 held simultaneously to fill the vacancy in office shall be the
65 successor for the remainder of the term. If the public official
66 who is the subject of the petition is not recalled, he or she
67 shall be reimbursed by the state for any recall election
68 expenses that were personally and legally incurred and a
69 subsequent recall petition may not be initiated against the
70 official during the remainder of his or her term in office.
71 (g) Additional provisions governing recall under this
72 section may be provided by general law.
73 BE IT FURTHER RESOLVED that the following statement be
74 placed on the ballot:
75 CONSTITUTIONAL AMENDMENT
76 ARTICLE VI, SECTION 8
77 RECALL OF GOVERNOR, LIEUTENANT GOVERNOR, MEMBERS OF THE
78 CABINET, AND LEGISLATORS.—Recall is the power of the electors to
79 remove a person from elective office before his or her term
80 expires. This proposed amendment to the State Constitution
81 provides for recall of the Governor, the Lieutenant Governor,
82 any member of the Cabinet, or any legislator at an election. The
83 recall process is initiated when a petition containing the name
84 of the person sought to be recalled and the alleged grounds for
85 the recall is delivered to the Secretary of State. The
86 sufficiency of the reason for the recall is not reviewable. The
87 supporters of the recall measure have 120 days to circulate and
88 file signed petitions with the Secretary of State.
89 This amendment also specifies who is eligible to sign the
90 recall petition and what percentage of the electors must sign
91 the petition for a recall election to take place. If the person
92 who is the subject of the recall petition is a legislator, only
93 electors from the legislator’s district may sign the petition.
94 If the person who is the subject of the recall petition is a
95 public official subject to recall under this amendment other
96 than a legislator, any elector of the state may sign the
97 petition. The same standards apply to who may vote if a recall
98 election is held.
99 Finally, this amendment provides that if enough signatures
100 are collected to require a recall election, the election for a
101 successor to the office, if vacated, will be held at the same
102 time as the recall election. The successor who is elected will
103 serve the remainder of the term. This proposed amendment
104 specifies when the Secretary of State must call the election and
105 provides that the person who is the subject of the recall may
106 not be a candidate for the office. If the person who is the
107 subject of the recall petition is not recalled from office, he
108 or she will be reimbursed for any recall election expenses that
109 were personally and legally incurred. Additionally, if the
110 person is not recalled, a subsequent recall may not be initiated
111 against the person during the remainder of his or her term in
112 office.

53 comments:

Anonymous said...

UTD and the PTA would be very supportive of any means to get rid of this guy.

Election lawyer said...

It took 3 years for Fair Districts to get their initiative on the ballot. It's a lot of work. First task is to form a PAC and start raising money. Next, get lawyers together to start drafting the petition. Then, hire staff and professional petition gatherers. You might make the 2012 November election. More likely, the way this times out, with stops in the Secretary of State's office and the Florida Supreme Court, you're looking at November 2014.

Wanna name the PAC "Eye on Scott" or "Florida Voice"?

Check with Vanessa Brito and see what she's doing the next 3 years.

Anonymous said...

While we are at it, lets make the rules regarding the recall of local officials more voter friendly. It is virtually impossible to meet the standard for recall of a municipal official.. Miami Dade commissioners are different in that because we are a home rule county, they can be recalled under less stringent reasons. That is not to say it is any easier to get that on the ballot but it is do-able.

Geniusofdespair said...

No with the unions on board we could do the petition in half the time. Braman did his at ight speed. We can do it. And maybe while it is in progress Scott will tone it down.

Geniusofdespair said...

We can't recall here. It has to be an amendment.

Anonymous said...

We are high off the recalls, let's start the process of getting this guy out here in Miami. Scott has offended so many, as time goes on it will be easier and easier to get signatures.

sundayniagara said...

I look at his picture and all I can think is, ein, zwei, drei, fir!

Geniusofdespair said...

That is all I remember from my German class.

Hayes Bowen said...

We need to strike will the fire is hot. There is wide spread support for a recall movement, just look at the number of pages on facebook and how many people are signing up. Your right about union support. Every cop, firefighter, teacher, university worker and over 1 million members of FRS would be on board. Except for the judges and legislative group as they are exempt of course. Rick Scott is devastating the middle class in this state and we must act, NOW!

Anonymous said...

Herr PharmaScott

Anonymous said...

The word grifter cuts through it all. This is why, if cards are played right, that state Republicans might jump on board.

He is the worst kind of crook, as me marches through carrying his bible and pretending that he takes the moral high ground in all things.

Republicans could be severely damaged by their association to Scott, which is why Gwen must continue and why she might find unusual bed fellows in the task.

It is time to fix this.

Geniusofdespair said...

Hayes: Help spread my blog...maybe we can start a groundswell. Send it to union members.

However, you mention 'Recall.' We can't recall as it is not in our constitution, it must be an amendment. I am not sure if that would work but I am hoping it would.

The amendment can only be on ONE SUBJECT. If the amendment is - as Margolis has drafted - lets add recall to the constitution - then we have to wait for an election and approve that. FIRST.

Next, if that is approved, we have to do the recall. Too long a process. We have to speed it up. That is where my plan comes in.

Anonymous said...

Gwen should continue. She is a hero. But, we should try our own road too. Let us show this State exactly what they are messing with when they mess with unions.

Election Lawyer said...

Sorry, Genius. The Supreme Court would never approve the wording of a constitutional amendment aimed at a single person. The first "fair district" proposal was bounced off the ballot because of technical defects. It's frustrating, but the wheels of justice grind slowly, but they grind exceedingly fine.

Why not form a PAC or 527 group aimed at exposing Scott? And aim for getting more D's elected to the Legislature in 2012.

Anonymous said...

I don’t fear we wouldn’t get it on the ballot he has easily offended more half a million people.

He has also offended the sitting supreme court trying to restructure the court system. I think they would put it on the ballot if it were worded right. We need cherry picked wording to make it work.

Drucker said...

Recall Scott? For what? Because you didn't like the election results? He has been in office for exactly 4 months, and he is just doing exactly what he said he would do during the campaign. Don't you liberals believe in democracy?

Geniusofdespair said...

Reader two above: How can we get more DEMS elected when they have stalled our Fair District amendment? We need something radical. Think of Something radical that can get on the ballot. I don't want reasons why not...I want ideas for how we can do what I propose.

Phillip said...

Drucker: He said he would get jobs. What does abortion overhaul and restructuring the courts have to do with jobs?

Democracy gone awry doesn't count.

Drucker said...

Phillip: Scott said he would create 700,000 jobs in 7 years. You have waited exactly 120 days. Scott also campaigned that he was anti-abortion.

Also, restructuring the courts is an initiative by House Speaker Dean Cannon, who campaigned that court reform was needed.

Elections have consequences. Stop whining and learn to respect democracy when your candidate doesn't win.

Anonymous said...

If Gwen manages to accomplish this titanic feat, she will make history in Florida and this will turn out to be her redemption!!! Holy chickens, wish we could get rid of the fraudster who should have never been elected. Goi at it, girl, you'll be bigger than Betsy Ross!

Anonymous said...

He cannot be recalled, but he could be impeached! Let's see what kind of "orchids" the Republican legislators really have, and how much they care for the average citizen.

Anonymous said...

Impeachment on what grounds? where are the impeachable offenses?

If we can pigs in the constitution (we did), why can we get a pig out?

druger said...

Drucker: Democracy INCLUDES our right to petition our government when we want something to change.

Anonymous said...

We want something to change: The governor.

Anonymous said...

Made some mistakes in my comment above. I am on a phone. If we can get pig legislation IN the constitution, why can't we get a pig OUT?

Lynn Anderson said...

I can't stand the Unions--period. To use them would be like whoring yourself.

Scott is right on as far as E-Verify and the Unions.

Penny said...

Shared this on FB and it seems to be meeting with approval.

Anonymous said...

700,000 jobs in 7 years.


That's a normal, statistically probable growth rate for a 7 year period.

Another PharmaScott falsehood.

Anonymous said...

So Rick Scott promises a normal growth rate? Well, that's a lot better than what we got under do-nothing Charlie Crist!

AnthonyVOP said...

So I guess you guys are on-board for the ability to recall federally elected officials also?

If there was a call to recall Obama you would be down with it? Right?

Jeez...What a bunch of sore losers you guys are.

Geniusofdespair said...

There is no recall. Read the friggin blog.

AnthonyVOP said...

Sorry. I stand corrected.

I guess you aren't such sore losers afterall.

In fact, I might as well admit that I am a tea party member. You all must have guessed it by now.

Anonymous said...

Regardless of the amendment effort, there should be demonstrations against Scott and the republican agenda while the legislature is in session. There is a wrecking ball swinging towards the state right now.

Pat said...

This guy Anthony is bi-polar. Ignore him everyone.

Anonymous said...

Anthony needs to indulge himself in self gratification more often. After all, he IS a T-Bagger...

sundayniagara said...

He looks like that guy in Arizona. Toys in the attic!

Malagodi said...

Earth to Genius... You can't get there from here...

Here's my suggestion, based on a vision I had on election night.

Rick Scott elected.
Rick Scott sworn in.
Rick Scott indicted.
Rick Scott forced to resign.
Jennifer Carol becomes 1st woman and 1st African American governor.

So we get to Jennifer. Look Jennifer, how'd you like to be governor? You're a lot smarter than he is. Jennifer, think about it. Opportunity knocks. Jennifer, this can be done...

CATO said...

I Love the smell of partisans in the evening...smells like looniness.
Some day these elections are going to end.

Anonymous said...

Anthony - which tea party? You have to be specific if you want that to mean something.

AnthonyVOP said...

Ahhhh..Now somebody is posting using my name.

Nope I am not a Tea partier but I hold them in higher esteem than I do those who use homophobic terms to describe them. And much higher than ignorant liberals who use Nazi comparisons with Conservatives.

The tea party is a grass-roots organization who's main objective is fiscal responsibility. A good cause but not quite enough.

Anonymous said...

Malagodi,
I keep hearing the term "indicted" being used with regard to many of our elected officials, Scott, Rubio, Hialeah Julio, etc.
How come we can't get someone in law enforcement to actually charge these people with something? Are they on payroll too? These people have done so many slimey things; I"m sure some of it has truly been illegal and they should all be arrested?

Unknown said...

I will go for free to get signatures to remove rick scott.We need to get working in removing Mr. Scott.

Anonymous said...

The tea party may have been grass roots at one time, but it is no longer. Wake up, Anthony. Your pet organization was hijacked months ago.

Anonymous said...

That's right, Anthony, the Tea Party was once grass roots, right now it looks more like "grass" without the roots. I speak on the basis of some of my friends, supporters of Marquito Rubio, who are really on the "grass" side of the culture. Looks like the members I see on TV are suffering of some kind of misdirected high... LOL... Excuse me, I couldn't help LAUGHING OUT LOUD, dude. And they are all fat; maybe they all have the munchies, right? I guess that's as far as the Tea Party is going... not too far for some, but no far enough for others. LOL

Anonymous said...

To Malagodi- Didn't anyone see that the prosecution dropped the Ray Samson case? Suddenly and without any explanations! Naturally, Marco Rubio would have been involved in this case, and the Florida Republicans couldn't afford that! That gives you an example on what we can expect from the "authorities".

You Know Who said...

Wait, we're going to penalize someone for using their constitutional rights? An amendment that attempted to put a price on exercise of a constitutional right would get tossed out so quickly by the federal court it would make your head spin.

Anonymous said...

You know who...what are you talking about?

You Know Who said...

The idea that the petition could say: 'Any Governor who pleaded the 5th amendment 75 times be removed from office.' Or 'Any Governor whose company was fined in excess of 1 Billion Dollars be removed from office.'"

Anonymous said...

It is ridiculous that we do not have the ability to do this today. In fact, I would say it is down right un American. He is not king, he is an elected official.

Now, the protection is that the weight of the vote will dictate whether or not a governor is removed.

I see no reason not to support Gwen in her actions.

Anonymous said...

I completely agree that Rick Scott needs to be removed from office. I don't care that he's been in office for a short time, he is going to destroy Florida. And why can't we give him grief about what he "hasn't" done while in office. Obama gets slammed in the news all the time. Rick Scott is no exception. His motives are not pure and he comes off as if he's trying to prove Obama wrong.

Anonymous said...

Is anybody collecting signatures to remove that clown from office. That guy wants to treat Florida like he treated his personal and profitable health business. Ripping people off. Those tea baggers are stuck in the 15 century and think the US is here to be coloninized by their crooked way of thinking. Where do I sign and if need be,, how do I help collect signatures to remove this individual before is too late!!

Anonymous said...

Charlie Crist was a popular governor and probably was happy right where he was in Tallahassee. But I have a theory: When he married that highbrow socialite woman, she was not into spending her days doing the cha-cha in a one-horse town like that. No sir, she needed to rub elbows in the Washington ballrooms with all the bigwig national politicians, so she made him run for Senate, and that's how the whole unfortunate chain of events unfolded that propelled Rick Scott into office.

Anonymous said...

Sign me up to help when you get going! Can't get rid of this nightmare Governor fast enough! @barkway on Twitter