Any elective officer shall be subject to removal
from office for cause connected with his office, after he has served
at least one year, upon the filing of a recall petition and the affirmative
vote of a majority of those voting on the question of removal at any
general or special election.
A recall petition shall demand the removal of
a designated incumbent, shall be signed by qualified voters equal
in number to at least 25% of the persons registered to vote at the
last preceding general election of the territory represented by said
incumbent and shall be filed with the City Clerk. It shall set forth
a statement of the cause upon which the removal is sought.
The signatures to a recall petition need not
all be appended to one paper, but each signer shall add to his signature
his place of residence giving the street and number or other sufficient
designation if there shall be no street and number. One of the signers
to each such paper shall take an oath before an officer competent
to administer oaths that the statement therein made is true as he
believes and that each signature to the paper appended is the genuine
signature of the person whose name it purports to be. Within 10 days
from the date of filing the petition the City Clerk shall complete
his examination and ascertain whether or not such petition is signed
by the requisite number of qualified voters and shall attach to the
petition his certificate showing the result of his examination. If
by that certificate the petition is shown to be insufficient, it may
be amended within 10 days from the date of said certificate. The City
Clerk shall, within five days after such amendment, make a similar
examination and determination of the amended petition, and if the
certificate shall show the same to be insufficient, it shall be returned
to the person filing it without prejudice to the filing of a new petition
to the same effect.
If the petition shall be sufficient the City
Clerk shall, within two days, notify the Mayor, Councilman or Councilmen
whose recall is sought thereby. If such notice cannot be served personally
upon the Mayor, Councilman or Councilmen affected, service may be
made by registered mail addressed to the officer's last known address.
If, within five days after the service of the notice by the City Clerk,
the Mayor, Councilman or Councilmen sought to be recalled by such
petition do not resign, the City Clerk shall order and fix a date
for holding a recall election not less than 70 nor more than 100 days
from the filing of the petition as finally amended and advertise the
same as hereinafter provided in this Act.
The ballots at the recall election shall conform
to the requirements respecting the election of officers in the City,
as provided in this Act or in Title 19 of the Revised Statutes (Elections),
except that the words "recall election" shall appear on the ballot.
The recall feature of the ballot shall appear at the top thereof and
shall be separated from the portion of the ballot for the election
of officers by a heavy black line. The proposal for recall shall be
placed on the ballot in the following manner: "Shall .......... (here
insert name of incumbent) .......... be removed from office by recall?"
This matter shall occupy two lines in boldface type. Immediately below
the above wording shall appear the phrase "for recall" and immediately
underneath such phrase the words "against recall." Immediately at
the left of each of these two phrases shall be printed a square, in
which the voter may make a cross (X) or plus (+) or a check (
) mark. Immediately below
the foregoing shall appear the following:
) mark. Immediately below
the foregoing shall appear the following:|
"Indicate your vote by placing a cross (X) or
plus (+) or check (
) mark in one of the squares
above." |
If the removal of more than one officer is sought,
the same provisions for submitting to the electors the question and
direction hereinbefore described shall be repeated in the case of
each officer concerned and his position on the ballot for his recall
shall be in the order of the filing of the petition with the City
Clerk.
The same ballot used for submitting the question
or questions of recall shall be used for the election of a successor
to the incumbent sought to be removed, and immediately under the black
line following the recall question shall appear the phrase "Nominees
for successors of .......... (here insert name of incumbent) ..........
in the event he is recalled." The names of all persons nominated as
successors shall be placed upon the ballot in the same manner provided
for other elections of elected officers in the City.
Nomination of candidates for successor of recalled
incumbent shall be made in the same manner provided in this Act for
nomination of candidates to fill a vacancy in an elective office.
A.
If a majority of votes in connection with the recall
of any officer be in favor of the recall, the term of office of such
officer shall terminate upon the certificate of the results of election
by the City Clerk.
B.
If the results of such recall election shall, by the
certificate of the City Clerk, be shown to be against the recall of
the officer, he shall continue in office as if no recall election
had been held, and the vote for the election for the successor of
such officer taken at the time of such attempted recall shall be void.
If the office of the incumbent shall become
vacant either by his resignation after the date is fixed by the City
Clerk for the recall election or by the result of the recall election,
his successor shall be the nominee receiving the greatest number of
votes at the recall election. The person so elected shall serve for
the remainder of the unexpired term.
