State Sen. Evie Hudak (Colorado), faced with recall, to resign

[DonP]

"Democratic state Sen. Evie Hudak, whose constituents are attempting to oust her from office in a special recall election, is set to resign her seat. Hudak will hold a news conference Wednesday morning at the Arvada Library.

"By resigning I am protecting these important new laws for the good of Colorado and ensuring that we can continue looking forward," Hudak wrote in her resignation letter in regard to her gun votes, which led to the recall effort.

Proponents of the recall have until early next week to submit about 18,900 valid signatures to the secretary of state's office. If enough signatures are valid, Hudak would be the third Colorado lawmaker to face a recall election this year because of her support for tougher gun laws.

Two of her Democratic colleagues, Sens. John Morse of Colorado Springs and Angela Giron of Pueblo, were ousted from office in September despite millions of dollars and endless resources trying to defend them.

http://www.denverpost.com/breakingnews/ci_24611818/faced-recall-sen-evie-hudak-resign-her-seat

I wonder if Hickenlooper, up for re-election next year, is hearing footsteps behind him yet?

[NYC_SKP]

1. Can't wait to see how the gun control advocates spin this news into some kind of "win".

As they did with the recall of the other two.

Still can't figure out their logic...

[DonP]

6. Logic need not apply here

The Colorado Senate is now Dem controlled by a margin of only 1 vote.

If Hudak lost the recall (which pro control folks keep saying is no risk at all, "the NRA is dead" etc. etc.) it would have A GOP majority.

By resigning before they file the recall petitions the local Dems can name her successor and prevent any further recall efforts in her district. But it does nothing to address the obvious issue of the new, obviously less than popular gun laws.

Governor Hickenlooper has been backing away from the gun laws since Morse and Giron got ousted and has made some comments about "revisiting some of the restrictions to determine if they will actually reduce violence". He's up for re-election next year and his polling numbers were below 50% last time I saw them anywhere.

Once again we have the phenomenon of "More people support gun control" but they don't ever seem to ever show up and actually vote that way. Seems to be a case of more hot air than substance.

[littlewolf]

2. so by resigning ... does the Gov. get to appoint someone

or is there a special election.

[Jenoch]

4. From the Denver Post:

"Hudak's move ends the recall process, as now a Democratic vacancy committee can appoint someone to fill her seat until 2014."

Right now, Democrats control the Colorado Senate 18 - 17. She likely would have lost the recall. If that happened the Republicans would take control. By resigning, Democrats keep the Colorado Senate until the new senate is installed after the November 2014 election.

[S_B_Jackson]

13. It isn't over till the fat lady sings......

Supporters of the recall are pointing out the need to still submit their recall petitions to the Co Sec of State's office by Dec 3rd. They're expressing concern that Hudak is trying to pull the "Lucy holding the ball for Charlie Brown" trick and rescind her resignation....

Colorado Revised Statutes: C.R.S. 1-12-203 (4)

4) For purposes of this section, a vacancy caused by the resignation of a member of the general assembly occurs on the effective date of the member's letter of resignation to the chief clerk of the house of representatives or the secretary of the senate. If the letter of resignation gives an effective date of resignation that is later than the date the letter of resignation is submitted, the vacancy committee may meet no more than twenty days prior to the effective date of the resignation for the purposes of nominating a person to fill the vacancy. The certification of the nominee of the vacancy committee to the secretary of state may not be made prior to the effective date of the resignation; further, should the member of the general assembly withdraw the letter of resignation prior to the effective date, the person nominated by the vacancy committee may not be certified to the secretary of state.

[Jenoch]

14. I had not thought of that.

I wonder what the deadline is to rescind a resignation in a situation such as this?

[S_B_Jackson]

15. Reading the statute, it seems that anytime

up to the the day before the effective date of her resignation. So if her resignation was to be effective two weeks from yesterday - December 11th.

She would know by Dec 5th if her opponents had turned in their recall petitions for certification by the Sec of State's office and have an idea of whether the numbers were there to force the election - I'm sure she and the Democratic Party have more than sufficient polling data indicating that she'd lose the vote if it were conducted which is why she was asked to resign now.

But anytime between then and Dec 10th, she could withdraw her resignation and hold her seat. It will be interesting to see what kind of a sinecure has been offered to her in exchange for stepping down.

[gejohnston]

9. some anylists say

the party "encouraged" to resign so the Gov can appoint a Democrat to replace her. From what I found, her district is equally divided of registered Reps, Dems, and independents. That was the case of Morse. The other one was from a majority Dem district. In places like Wyoming and Colorado, if a pol is perceived to be taking marching orders from the national party or putting the interests of coastal billionaires over the constituents, all but a small part of the base will turn on you.

Had the law been well thought out, and written and supported by Coloradoans, I don't think the recalls would have happened or succeeded. the background check wasn't well thought out, written by Bloomberg and Brady, lobbied for by NYC employees and MAIG.

[madamesilverspurs]

3. More on this--

These recalls have become the GOP's newest tool to overturn the will of the voters. This is NOT about guns; rather, it is about changing the balance in the state senate. It's cynical, and very ugly.

This from Colorado Pols (emphasis mine):

"Perhaps the best defense of Hudak's decision to resign is the way the recall process has broken down into a political free-for-all, with the odds tilted against incumbents due to the odd dates and (more importantly) the suppression of mail ballots via court action. Democrats and many Republicans (here's looking at you, Ryan Call) agree that lurching from recall to recall is no way to run a functioning democracy. The constitutional provisions that make mail ballots effectively impossible date back to 1912, and only affect recalls. Everything we've heard indicates that Democrats are fully prepared to begin retaliating against vulnerable Republicans with recall campaigns of their own. Unless both sides want to trade in the way we've always elected our representatives for a war of mutually assured electoral destruction, it's time to either make recalls fair, or restrict their application in Colorado to situations that truly merit one."

- See more at: http://coloradopols.com/diary/52031/breaking-sen-evie-hudak-to-resign#comments

[littlewolf]

5. it is a two edged sword, 2 ppl can do recalls. nt

[DonP]

7. Was the Wisconsin recall vote on Walker the first, or were there others before that one?

Wisconsin was very high profile. especially for those us in Illinois, and that's the first recall effort I can recall.

Were there others by us or the GOP before that?

[littlewolf]

8. Grey in CA. nt

[DonP]

10. D'oh, totally forgot about that big one, Ntxt

[Eleanors38]

19. I vaguely recall a failed recall on a state-wide (D) judge in FLA, 30+ yrs ago.

[petronius]

11. I agree with your emphasis there - while I don't think the recall mechanism

should be removed, I don't support the use of it except in cases of actual criminality, corruption, or malfeasance. It should not be, IMO, a political tactic to express displeasure with a vote or a position on an issue (that's why we have elections).

Personally, I won't ever sign a recall position or vote in favor of one - absent the sort of exceptions I mentioned. Although I'd probably abstain from voting at all if the target of the recall was someone I despised (or just not a D)...

[littlewolf]

12. have to slightly disagree with you

if you campaign on something and do the exact opposite
after you win, that is a case for recall.
you represent your ppl, not monied interest and I should not
have to wait 2 years (or longer) to vote against you.

[Eleanors38]

20. I'm not sure this is the "latest and the greatest" from the GOP...

Hudak may have constituencues which resented her stands on a number of issues, but no one or even combo of them could fire off political action like Guns can. This is something many Democrats just don't (or won't) understand. The more conservative pro 2A supporters have a tried & true political organization and know-how which to this day gets NO respect from those who wish to indulge their moral pronouncements and prohibitions as if there is some nation-wide consensus which will sweep all opposition away.

Time and again that hasn't come to pass.

One cannot overlook that Everytime a ban is called for, all manner of culture war hobgoblins and white fat-boy stereotypes are summoned forth for the pleasures they may give to the loins of elite prohibitionists. But their enemies have read the same books, and WILL extract a retribution which could not be readily achieved with any other issue.

Will the GOPer FR extend this model to other locales and with other issues? Maybe. But that depends on deterioated Party viability: From the unimpeded involvement of Bloomberg, it looks like the Party in Colorado got as much respect as a passed-out barfly.

[quadrature]

16. what difference does one seat make for one year?

(when is the next election for Colorado Senate?)

I guess the current Senate committee chairs
keep their nice offices for awhile longer.

[DonP]

17. In this case it means control of the Colorado Senate and committee chairmanships

It means the Senate could propose and pass a bill repealing all or some of the gun control measures passed last year. It's not like the new laws were a straight party line vote either.

Hickenlooper may not have the popularity or political juice to veto it right now, in spite of the promise of big checks from Bloomberg and his reassurances that there would be no political backlash from the new laws.

Watching 3 of his supporters, including the Senate President, thrown out of office in short order would have to give him pause on vetoing a pro 2nd amendment bill with re-election next year for his job.

[Eleanors38]

18. Appears Hudak is doing the right thing, thereby keeping a Democratic majority.

So unnecessary, so damaging. This may keep the Party afloat, but Hickenlooper now has the onus on him.