This Comment focuses on the conflict between the will of the electorate and the smooth functioning of government. The Comment suggests reforms that will ease the tension between the desires of the people and the need for an effective, efficient government. The first section reviews the history of the recall. While recall certainly has not paved the way to a democratic utopia as its most ardent supporters once suggested, it has served, on some level, to create a body of elected officials who are more responsive to the concerns of the public at large. The second section analyzes state recall statutes. In so doing, this paper explores whether recall has gone beyond its effective role of permitting the electorate to remove from office self-serving and unfaithful public servants. Furthermore, it assesses the threat that unrestrained recall will bring effective government to a virtual standstill. The third section analyzes the recall reform bills considered by the Nebraska Legislature. The final section of the paper includes suggestions for recall reform, including a model recall statute. These proposals attempt to reinforce recall as a potent political device while limiting its susceptibility to abuse.
Elizabeth E. Mack,
The Use and Abuse of Recall: A Proposal for Legislative Recall Reform,
67 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol67/iss3/4