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Recall Beshear?

Many Kentuckians across the state are not satisfied with Governor Beshear’s handling of the COVID-19 Crisis in Kentucky and the economic fallout that followed due to his decisions. Some may see Representative James Tipton’s BR 280, which is a Constitutional Amendment to allow recall elections in Kentucky, as an opportunity to rectify the situation. The legislature would have to pass this bill, and then put it to a vote by the people, which would then allow the legislature to decide the method of how a recall election operates in Kentucky per statue. There are two main ways that a recall could get started, through citizens lobbying the legislature, most likely though petition or a referendum, which is also a petition of sorts that would trigger an automatic recall without legislative involvement if a certain number of signatures were obtained. We at KLR personally believe that the legislature is the more judicious and deliberate approach as we support a Republican form of government and not a pure mob rule Democracy. There are 4 ways that we could find a recall election would work. Below are the basics, of course it is up to the legislature to flesh out the details.

  1. Simultaneous Recall Election - This is basically like a redo on the original campaign, any candidate (based on the laws) could challenge the incumbent to their seat. If the incumbent wins the recall fails and the term continues, does not reset. If the incumbent loses then you have a new official in that position.

  2. Separate Special Election - First you vote to recall the current official, depending on how that goes they are either recalled, or stays. If they are recalled then a special election is held to determine their successor.

  3. Retention Recall Election - A vote is had to recall the official or not, if they are recalled, then for example in the case of a Governor it is filled based on how the vacancy laws in the state are, and so in Kentucky the Lt. Governor would be the successor.

  4. Recall Trial - Basically an official goes on trial for their actions, and they can appeal up to their states supreme court. Pretty much a jury or judges would determine whether or not the official needs to be removed. If so, vacancy laws would apply.

Now something like this were to pass this session, it likely won't get voted on (the ability to do recalls) by Kentuckians until 2022 as 2021 is an off year and we don't have elections in that year. So, the likelihood of Beshear losing the Governorship through this mechanism is slim. However, this speaks to what people think of the leadership of Beshear, we are realizing we have to have an alternative, and escape hatch to get us out of a bad electoral decision. But one has to wonder if this is foreshadowing of what is to, come which a lot of people across Kentucky are thinking, Impeachment! Even if Governor Beshear is not Impeached he is going to have a rocky tenure based on how overwhelmingly Republicans won in this last election. The Republicans have a Super-Duper Veto Proof Majority in the legislature.

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