Learning by California's bad example

We learn by example. Most times, that's a positive, as we see people doing good things and we want to copy them. But it works the other way, too. When people do dumb stuff, we vow that we won't let that happen to us.

For Nebraskans, these thoughts should come to mind because of the bizarre circumstances which are taking place in California as a result of the recall of that state's governor, Gray Davis.

If you've been watching the news, you know that Gov. Davis faces a recall election Oct. 7. If he receives less than 50 percent of the votes in that special election, he will be forced to step down.

In this era of taxpayer unrest, that's not too unusual. But what is different about California's election law is the way the state's voters would replace the governor should he be unseated. On the same day as the recall vote takes place, there will be another ballot in California asking voters who they want as their next governor.

A bunch of numbers have been tossed about as to how many names will appear on the ballot, with some figures as high as 247 mentioned. But voting registrars say that number is deceptive, with the actual number of candidates expected to be in the 145 range.

Even if you give or take 10 or 20 or even a 100 names, it's still way too many. According to Nebraska's former Secretary of State, Allen Beermann, "The ironic thing about California's wacky recall and replacement law is that Gov. Davis could be ousted with 49 percent of the votes, and replaced by a candidate who gets only 15 or 20 percent -- or less -- of the ballots in the wide open governor's popularity contest."

It's no way to run a state and, thankfully, that's not the way it is in Nebraska. Here, there is no provision to recall a constitutional officer, meaning the governor, lieutenant governor and cabinet officers cannot be removed by recall.

According to Neal Erickson, the person in charge of elections for the Nebraska Secretary of State, recalls are only allowed in this state for subdivisions, such as Village Boards, City Councils and Boards of Education. And, even in those cases, recalls can't take place in the first 60 days after election, or in the 60 days before the election filing period begins.

Another difference in Nebraska is that the recall vote and replacement vote do not take place on the same ballot as is happening in California.

Changes may be needed in Nebraska's recall law, with particular attention paid to booting out office-holders who violate the law or commit blatant abuses. But, while action may be necessary, Nebraska must be careful not to create a situation like California's, where selecting a governor has been reduced to a circus-like atmosphere.