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Originally Posted by troutman
Right, I mean beat them in the general election. If there are numerous mid-term by-elections, aren’t we usurping the will of the majority? My hope is these situations are rare and reserved for clear and exceptional cases. But I don’t trust the people behind the UCP and they are quite happy to play dirty pool.
Look at how the redistricting debate is ballooning in the US and A. Tit for tat in a race to the bottom.
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How long do you think the "will of the majority" should last? The recall process documents the timing within the
process documentation:
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When can a Recall Petition application be made?
A recall petition application may be made during the MLA’s term in office except:
within the 12-month period immediately following the day on which the MLA was elected,
within the 12-month period before the next fixed provincial general election day,
during the writ period of a by-election or general election in that electoral division, or
if another application for recall for that electoral division has been issued or published by the Chief Electoral Officer.
The application period is open 12 months after the Provincial General Election held on May 29, 2023, and closes 12 months before the next scheduled Provincial General Election to be held October 18, 2027.
For most MLAs, this means the current recall application period is open May 29, 2024, to October 18, 2026. If the MLA was elected in a by-election, the opening date is 12 months after their election.
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If you are going to have a recall process at all, I do not mind those time periods. There is a reasonable cooldown period after the last election so that you can give the MLA a chance to work for a year before a recall. Ideally the MLA is not doing anything to piss off the majority of the voters because the threshold is not just a 50% majority but 60% of the total number of votes cast in the last election.
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Collecting signatures totalling at least 60% of the total number of votes cast in electoral division in the most recent election for the petition to be successful.
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By definition, the recall only works if the will of the majority says the elected MLA has done something so wrong that 60% of them are willing to sign a petition. But this is a new 'will of the majority' that has been updated by the actions of the MLA.
As for "rare and exceptional cases", I think the first and only use of the Notwithstanding Clause in the history of our province is exactly what you are looking for. We are not recalling the UCP because they gave themselves raises (which they did), or because they are grifting billions of our dollars to their friends (did that too - multiple times), but because they are destroying our public education system and revoking the charter rights of our fellow citizens (unique situation!).