Gardner City Council recall, Gardner, Kansas, 2010

* Recall efforts
* Recall efforts by state
* Recall efforts by office
* Recall efforts by year
* Upcoming recall elections
* Local recalls
* City council recalls
* Mayoral recalls
* County commission recalls
* County official recalls
* School board recalls
* Sheriff recalls
* Special district recalls
* State and federal recalls
* State executive recalls
* State legislator recalls
* U.S. Congress recalls
* Laws governing recall
* States that have pre-petition signature requirements for recalls
* States that require grounds for recalls
* Analysis
* What are recalls?
* Recall terms
* Analysis (2010-present)
* 2025 year-end analysis
* 2025 mid-year analysis
* 2024 year-end analysis
* 2024 mid-year analysis
* 2023 year-end analysis
* 2023 mid-year analysis
* 2022 year-end analysis
* 2022 mid-year analysis
* 2021 year-end analysis
* 2021 mid-year analysis
* 2020 year-end analysis
* 2020 mid-year analysis
* 2019 year-end analysis
* 2019 mid-year analysis
* 2018 year-end analysis
* 2018 mid-year analysis
* 2017 year-end analysis
* 2017 mid-year analysis
* 2016 year-end analysis
* 2016 mid-year analysis

Gardner City Council recall

Officeholders
John Shepherd
Mary Peters
Recall status
Recall approved
Recall election date
March 2, 2010
See also
Recall overview
Political recall efforts, 2010
Recalls in Kansas
Kansas recall laws
City council recalls
Recall reports

"Yes on recall" website banner

## Contents

* 1 Path to the ballot
* 1.1 Petition revision
* 1.2 Lawsuit
* 2 See also
* 3 External links
* 4 Additional reading
* 5 Footnotes

John Shepherd and Mary Peters were recalled from their positions as city council members in Gardner, Kansas on March 2, 2010.[1]

Mayor Drovetta is now responsible for appointing two individuals to fill the vacancies created by the recall vote.

Mary Peters:[2]

* Yes: 1,269 a
* No: 882

John Shepherd:

* Yes: 1,245 a
* No: 904

The Gardner Recall Committee spearheaded the recall effort with the goal of removing the two council members based on allegations that they violated the Kansas Sunshine Law when they organized a special meeting to revise a city code. The sunshine law regulates conduct of elected officials in Kansas.

City Council member Steve Hale also supported the recall.[3] Gardner has 5 city council members altogether. Recall supporters wanted to recall Dan Thompson as well, but only two names are allowed on a city council recall ballot at the same time.[4]

The election was administered by Johnson County election officials.

## Path to the ballot[edit]

On October 5, 2009, the Johnson County District Attorney’s office approved the petitions for the recall. The committee for the recall effort needed 396 signatures for Shepherd and 775 for Peters.[5]

On December 3, 2009 the Gardner Recall Committee submitted 750 signatures to recall Shepherd and 900 to recall Peters; more than enough signatures to force a recall election. The county election office had 30 days to verify the signatures.[6][7]

### Petition revision[edit]

The committee members submitted the petitions on August 19, 2009, but were left having to revise the petitions before the Johnson County District Attorney’s Office could approve it. According to the DA, the petition needed to have more facts detailing their allegations. In addition, the petition failed to provide signature spaces and appropriate supplemental affadivit filing. However, according to Election Commissioner Brian Newby: "It’s not uncommon for petitions to have to be revised."[8]

### Lawsuit[edit]

Recall targets Peters and Shepard filed a lawsuit on November 2, 2009 to try to keep the recall vote off the ballot. The two council members stated that the petition is based on false allegations and does not meet all the requirements that is mandated by state law.

The two members' attorneys filed the suit in Johnson County District Court. In addition, Peters and Shepard wanted the court to issue a restraining order to stop the defendants from continuing the petition drive and requested an injunction that would stop any vote that could result from the recall.[9]

The court ruled against Peters and Shepherd, allowing the recall to go forward. A request for an emergency stay of the vote pending an appeal was denied in the week before the election. Those seeking to avoid the vote on March 2 are considering an appeal to the Kansas Supreme Court.[10]

## See also[edit]

* Recall campaigns in Kansas
* Political recall efforts, 2010

## External links[edit]

* Gardner Recall official website
* Gardner Recall on Facebook
* Official website for Gardner, Kansas
* City of Gardener website's recall information
* Johnson County election board's information on Shepherd and Peters recall

## Additional reading[edit]

* Recall Committee Explains Financial Disclosure Statements

## Footnotes[edit]

1. ↑ Gardner Edge, "Are you registered to vote?" February 11, 2010
2. ↑ Kansas City Star, "Gardner recall meets success at polls," March 2, 2010
3. ↑ Gardener Edge, "GardnerEDGE requests statements from city council"
4. ↑ Public Broadcasting, "Gardner Recall Election," March 1, 2010
5. ↑ Kansascity.com, "DA approves petitions for recall of two Gardner council members" October 6, 2009
6. ↑ NBC, "Recall Committee Reaches Signature Goal," December 4, 2009
7. ↑ Gardner Recall Committee, "Recall Petitions Filed with Johnson County Election Office," accessed December 9, 2009
8. ↑ Kansas City.com, "DA says Gardner group must revise recall petition," August 28, 2009 (dead link)
9. ↑ Kansas City Star, "Gardner council members file suit over recall petition," November 6, 2009
10. ↑ Kansas City Star, "Appeals court, judge refuse to halt vote for two Gardner City Council members," February 26, 2010

Political recall elections

Recalls
by year

Upcoming recalls • 2026 • 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 • 2016 • 2015 • 2014 • 2013 • 2012 • Historical recalls • Recall statistics and analysis

Recalls
by office

Governors • State legislators • County officials • County commission • Sheriffs • Mayors • City officials • City council • School board • Special district

Recalls
by state

Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • District of Columbia • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

Recall
laws

Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Kansas • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Rhode Island • South Dakota • Tennessee • Texas • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming • States that require grounds for recalls • States that have pre-petition signature requirements for recalls

v • e

2010 recall campaigns

Mayors|

David Schwan • Don Schwieman • Joshua Thomas • Art Moyses • Kenneth Rottier • Mark Romanowski •

* * *

City council|

Prairieville Township, Michigan • Betty Rexford • Thomas Buckley • Grosse Pointe, Michigan • Richard Ortiz and Martha Camacho • Lance MacLean • Lynwood Council, California • Brentwood Council, California • Bangor, Maine •

* * *

School board|

Tehachapi Unified School District board, California • Dan Castillo • Jose Morales • St. Helena Unified School District, California • Calexico School Board, California

v • e

State of Kansas
Topeka (capital)

|

Elections |

What's on my ballot? | Elections in 2026 | How to vote | How to run for office | Ballot measures

Government |

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy