Any elective officer shall be subject to removal from office
for cause connected with his office, after he has served at least
one (1) 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, regular municipal or special election.
(Source: L. 1950, c. 210, § 17-19, p. 510.)
A recall petition shall demand the removal of a designated incumbent,
shall be signed by qualified voters equal in number to at least twenty-five
percent (25%) of the registered voters of the municipality and shall
be filed with the Municipal Clerk. It shall set forth a statement
of the cause upon which the removal is sought.
(Source: L. 1950, c. 210, § 17-20, p. 510.)
The signatures to a recall petition need not all be appended
to one (1) 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 (1) 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 ten (10) days from
the date of filing the petition, the Municipal 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 ten (10) days from the date of said certificate.
The Municipal Clerk shall, within five (5) 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.
(Source: L. 1950, c. 210, § 17-21, p. 511.)
If the petition shall be sufficient, the Municipal Clerk shall,
within two (2) 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 (5) days after the service of the notice
by the Municipal Clerk, the Mayor, Councilman or Councilmen sought
to be recalled by such petition do not resign or having tendered their
resignation it shall not have been accepted by the Municipal Council,
the Municipal Clerk shall order and fix a date for holding a recall
election not less than sixty (60) nor more than ninety (90) days from
the filing of the petition. Notice of the filing of the petition and
of the date of the election shall be posted for public view in the
office of the Municipal Clerk, and he shall also insert the notice
forthwith in a newspaper published in the municipality or if there
is no such newspaper, then in a newspaper having general circulation
in such municipality.
(Source: L. 1950, c. 210, § 17-22, p. 511.)
The ballots at the recall election shall conform to the requirements
respecting the election of municipal officers in the municipality
as provided in this article or in Title 19, Elections, of the Revised
Statutes, whichever shall apply in the municipality in accordance
with the provisions of this Act, except that the words "recall election"
shall appear on the ballot. The recall features 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:
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"Shall . . . . . . . . . . . . . . . . . . (here insert name
of incumbent) be removed from office by recall?" This matter shall
occupy two (2) 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 (2) 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: "Indicate
your vote by placing a cross (X) or plus (+) or a check (✓)
mark in one (1) of the squares above."
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(Source: L. 1950, c. 210, § 17-23, p. 512.)
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If the removal of more than one (1) 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 their position on the ballot for their recall shall
be in the order of the filing of the petition with the Municipal Clerk.
(Source: L. 1950, c. 210, § 17-24, p. 512.)
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 municipal officers in the municipality.
(Source: L. 1950, c. 210, § 17-25, p. 513.)
The provisions of this article or of Title 19, Elections, of
the Revised Statutes, whichever shall apply in the municipality in
accordance with the provisions of this Act, concerning the nomination
of municipal officers, preparation of the ballot, election of municipal
officers, counting and canvassing of the results of the election of
such officers shall apply to the election for the recall of officers
and the election of their successors. Where the plan of government
in effect in the municipality provides for partisan elections, the
county committee of each political party shall be authorized to select
a candidate for successor of a recalled incumbent in the same manner
as provided by Title 19, Elections, of the Revised Statutes for nominations
to fill a vacancy after the last day for filing petitions for nominations
in the primary elections.
(Source: L. 1950, c. 210, § 17-26, p. 513.)
The Municipal Clerk shall cause to be made due publication of
notices of arrangements for holding all recall elections, and they
shall be conducted as are other elections for municipal officers in
the municipality.
(Source: L. 1950, c. 210, § 17-27, p. 513.)
A.
If a majority of votes in connection with the recall of any officer
are in favor of the recall, the term of office of such officer shall
terminate upon the certification of the results of election by the
Municipal Clerk.
B.
If the results of such recall election shall, by certificate of the
Municipal 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.
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(Source: L. 1950, c. 210, § 17-28, p. 513.)
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If the office of the incumbent shall become vacant either by
his resignation 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.
(Source: L. 1950, c. 210, § 17-29, p. 514.)
