The Sheriff Mack Show: Recall petition against Nebraska sheriff is UNCONSTITUTIONAL – Brighteon.TV

09/27/2023 / By Arsenio Toledo

A recall petition has been filed against Dundy County, Nebraska Sheriff Clinton J. Smith in a process called unconstitutional by the Constitutional Sheriffs and Peace Officers Association (CSPOA).

On July 14, former Dundy County Commissioner Jerry Fries filed a recall petition against Smith with the Dundy County Clerk.

Fries’ filing was predicated upon a June 5 letter from the Nebraska Commission on Law Enforcement and Criminal Justice Interim Director Mark Stephenson, which alleged that Smith was denied admission to the basic law enforcement certification program.

According to the letter, Smith was never employed in Colorado as a law enforcement officer and that his training certificate in Colorado expired when he became sheriff. The letter further stated that Smith was denied admission to the certification training in Nebraska because of alleged misrepresentations in work history, criminal and traffic history.

In his response to Fries’ filing and Stephenson’s letter, Smith denied all of the allegations against him and claimed that his work history and certification have not been accurately represented.

“The letter said I was never employed in Colorado as a law enforcement officer. I graduated from Colorado POST on March 19, 2014 and am certified by number 18464,” said Smith. “I worked for the Logan County [Colorado] Sheriff’s Office in the jail and on the posse. That constitutes law enforcement experience.”

Colorado POST is a unit within the Criminal Justice Section of the Colorado Attorney General’s Office and provides certification and training for active and reserve law enforcement officers in the state.

General elections are where voters should decide whether to recall incumbents, not special recall elections

During an interview with Sheriff Richard Mack and Sam Bushman on the Sept. 26 episode of “The Sheriff Mack Show” on Brighteon.TV, CSPOA National Legislative Liaison Rick Dalton argued that the recall petition against Smith may be unconstitutional.

“People don’t know, but actually the process of a recall is unconstitutional… The election process actually automatically gives the voters a chance to recall by their vote each time the [elected official’s] term ends,” said Dalton. “People can recall an elected official by voting him out the next election. You have to let the person finish the term that they were elected for.” (Related: RULE OF LAW: Sheriff group vows to uphold Constitution and not enforce tyrannical, unjust legislation.)

“The recall allows a small teeny group of people who don’t particularly like the candidate or the elected official – they don’t like him a lot for personal reasons, or they disagree with his views,” he continued. “It allows that tiny, small group of people to get rid of the elected official instead of having the entire voting population give their opinion on his or her actions each time there is an election at the end of each term.”

Because of the relatively small population of Dundy County – only 1,654 according to the 2020 Census – the recall petition only needs 253 verified signatures for the recall election to take place.

“I believe I will be able to get 400 signatures,” said Fries in an interview with local outlet the Imperial Republican. “This recall needs to happen because Smith will not resign on his own.”

Dundy County Attorney Arlan Wine noted that while the recall process against Smith is active, Smith’s salary as sheriff will be taken away from him by the state as a fine. Other benefits like insurance would still be collectible, but this effectively means that Smith will be working for no pay.

“I was elected to sheriff of Dundy County by the people and I intend to serve in that capacity unless I am administratively removed by a recall election,” said Smith.

Learn more about people like Sheriff Smith who are working hard to protect the Constitution and the American people at Patriot.news.

Watch this Sept. 26 episode of “The Sheriff Mack Show” with hosts Sheriff Richard Mack and Sam Bushman interviewing Dundy County Sheriff Clinton Smith about the ongoing recall petition against him.

“The Sheriff Mack Show” with Sheriff Richard Mack airs every Tuesday at 10 a.m. on Brighteon.TV.