Humboldt County Sheriff recall |
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Recall status |
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Recall overview Political recall efforts, 2020 Recalls in Nevada Nevada recall laws Sheriff recalls Recall reports |
An effort to recall Mike Allen from his position as sheriff of Humboldt County in Nevada did not go to a vote in 2020. Petitioners did not submit enough valid signatures to get the recall on the ballot.[1]
The recall effort began in October 2019. Recall supporters started the recall after Allen said he would enforce AB 291, known as the state's red flag law. The law went into effect on January 1, 2020, and allows for guns to be temporarily confiscated from people who have been deemed to be at risk by a judge. Allen said that though he personally opposed the law, it was his job to enforce it. In December 2019, Allen joined the organization NevadansCAN in filing a lawsuit seeking an injunction to prevent AB 291 from becoming law.[2][3]
Recall supporters needed 502 valid signatures to get the recall on the ballot. After several appeals with the Nevada Secretary of State and the Humboldt County Clerk's Office, Sixth Judicial Court Judge William Maddox ultimately ruled that the recall petition was invalid.[4]
Dawn Principe, a member of the Facebook group that led the recall effort and owner of Sage Hill Arms gun store, said that the group targeted Allen because he was not standing up for the rights of county citizens. The group said that their constitutional rights would be violated if Allen enforced AB 291. “You can’t infringe on the rights of people who obey the laws to control crazy people,” Principe said.[2]
Principe said the Humboldt County Commission had shown more support for county residents than Allen had. The commission passed a resolution making the county a Second Amendment sanctuary on October 7, 2019.[2]
When the recall effort began in October 2019, Allen said the recall supporters' fight was with the Nevada State Legislature. “They’re taking up a fight against me on something the Legislature has to do, and they think I have the authority not to follow the law,” Allen told The Nevada Independent in an interview. “I do oppose this law. However, it’s my [sic] not my job to oppose a law; my job is to enforce the law.”[2]
In December 2019, Allen joined a lawsuit seeking an injunction to prevent AB 291 from becoming law. After he did so, the Humboldt County Sheriff's Office released the following press release:[3]
“ | Sheriff Allen believes this is the legal and ethical route to challenge this law and for lawmakers to hear the voice of our community. If it is successful, this lawsuit will have legal authority to stop AB291 and the potential negative impact it posed to lawful gun owners. Since the passage of this law, Sheriff Allen has organized meetings with other Nevada sheriffs, met with the governor and Nevada attorney general, spoken with numerous attorneys from around the United States, and has taken other steps to address SB291 through the appropriate governmental procedure. Due to the outcome of these meetings, Sheriff Allen feels joining this lawsuit will set the example for community leaders to take a legal and ethical approach to opposing this law, as well as future legislation that may challenge the rights of our community.[3][5] | ” |
Supporters of the recall effort had 90 days to collect 502 petition signatures.[2] The group announced they had submitted more than the required number of signatures on December 6, 2019. The county submitted the petition to the Nevada Secretary of State to verify the signatures.[6] The Nevada Secretary of State determined 518 petition signatures were valid on February 26, 2020. Allen was then given the chance to collect and file requests to withdraw signatures. He filed 27 requests, and 24 were accepted. With 494 valid signatures left, the recall effort did not meet the signature threshold to schedule a recall election.
Recall supporters needed 502 valid signatures to get the recall on the ballot. The Nevada Secretary of State determined 518 petition signatures were valid on February 26, 2020. Allen was then given the chance to collect and file requests to withdraw signatures. He filed 27 requests, and 24 were accepted. With 494 valid signatures left, the recall effort did not meet the signature threshold to schedule a recall election.[1][7] Recall supporters appealed the decision, and in July 2020, the Nevada Secretary of State instructed the Humboldt County Clerk’s Office verify 15 signatures that were included on a petition with the incorrect year. With those extra signatures, the recall petition was deemed valid. Allen appealed that decision, and Sixth Judicial Court Judge William Maddox ruled in favor of Allen, ruling that the recall petition was invalid.[1][4][7]
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