Chapter 9 Case Study: Oregon’s Vote-by-Mail Experiment

What do a sumo wrestler, an actor, a physician, an adult film star, a college student, and a retired meat packer all have in common? These were just some of the occupations listed by the 135 gubernatorial candidates in California in 2003 seeking to replace unpopular incumbent Gray Davis. Typical elections have no more than a few candidates per race, and regular elections for governor in California occur concurrently with congressional midterms (in 2002, 2006, 2010, etc.). The recall election of 2003 was far from normal, however.

Democrat Gray Davis was elected as governor of California in 1998 and reelected in 2002. Despite a popular first term, several factors (including allegations of corruption, a widespread energy crisis across the state, and his signature on restrictive gun measures) prompted a group of Republicans to file a petition for a recall campaign.^[1] The campaign requires signatures equal to 12 percent of the number of votes cast in the last election in order to hold the election to recall; then voters participate in the special election to decide whether they wish to remove or keep the elected official before their term expires.

The concept of the recall election empowers voters to hold elected officials accountable for their actions between periods of elections. Recalls, in addition to initiatives and referendums, are a mechanism of direct democracy, providing voters with a direct say on policy or government action that is generally limited in the United States. Nineteen states, influenced by the Progressive movement at the turn of the twentieth century, offer voters recall elections.^[2] Sometimes, the simple threat of a recall can influence a governor’s decisions, much like a veto. The recall election itself is complicated, with requirements such as filing, initiatives, and in California, the selection of a new governor.^[3] The ballot given to voters in 2003 asked two questions: first, if they wished to keep Davis as their governor, and second, if he was removed, who they would prefer to serve as the new governor.^[4] A whopping 135 candidates filed to be on the ballot as gubernatorial candidates, making the election into a national spectacle.^[5] The likelihood that any candidate would capture a majority of the vote was implausible but also unnecessary, as California is not a state that requires it or automatically triggers a runoff between the top two candidates if no one clenches at least 50.01 percent of the electorate.

In US history, attempts to recall governors have generally been thwarted (like Wisconsin’s Scott Walker in 2012 and California’s Gavin Newsom in 2021).^[6] Davis, however, did not survive the first recall in California’s history and only the second in the nation. With a vote of 55.4 percent to 44.6 percent, Davis was recalled, and with an impressive 48.6 percent of the vote, bodybuilder and actor Arnold Schwarzenegger was selected by voters to replace him.^[7] Schwarzenegger was well known as a celebrity for his work in film and his bodybuilding career. His politics were much less known. But the Republican served for nine years as governor of California before he was term-limited and retired in 2011. His administrations were characterized by his general opposition to same-sex marriage and more universalized health care, though Schwarzenegger himself considered his policies to be moderately conservative.^[8]

Critical Thinking Questions

What makes a recall election different from a regular election?

This case study focuses on one special type of election but highlights many different components of democratic elections, such as a wide variety of candidates. What are some of the advantages and disadvantages for voters in having many (like 135) candidates? What about the advantages and disadvantages for election officials/administrators or for elections/poll workers?

Why would a voter want a recall election? What political circumstances right now might hypothetically provide enough fervor to support a recall election in your state?