Township of Kingston, PA
Luzerne County
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Any person holding an elective office of the township, whether by election, succession or appointment to fill a vacancy, shall be subject to removal from office at a recall election in the manner provided in this article.
A recall of an incumbent of an elective office shall be initiated upon petition signed by thirty percent (30%) of the registered electors of the township at large. Every recall petition shall name the office and officer against whom it is directed.
Each elector signing a recall petition shall add to his signature his occupation, his residence, his election district, and the date of signing. Signatures on a recall petition may be on separate sheets, but each sheet shall have appended to it the affidavit of some person, not necessarily a signer of the petition, that to the best of the affiant's knowledge and belief the persons whose signatures appear on the sheet are registered electors of the township, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.
A recall petition shall be tendered for filing to the board of elections having jurisdiction over elections in the township. No signature shall be counted as valid which is dated more than sixty (60) days prior to the date the petition is tendered for filing. Upon tender to the board of elections, the petition shall be available for examination by any interested person. Within fifteen (15) days after tender of the petition, the board of elections shall have authority to pass upon the validity of the petition and the validity and number of signatures required thereon. The decision of the board of elections shall be subject to immediate review on appeal to the Court of Common Pleas.
As soon as the board having jurisdiction over elections in the township has accepted a recall petition for filing and determined its validity and sufficiency, the chairman of the board shall notify the incumbent named in the petition that the petition has been filed. Upon receipt of such notice the incumbent may resign from his office and thereupon the recall proceedings shall terminate.
If the incumbent against whom a recall petition is directed does not resign from his office within ten (10) days after notice of the filing of such petition shall have been given to him, the board having jurisdiction over elections in the township shall arrange a recall election. If a regular or special election is to be held not less than thirty (30) days nor more than ninety (90) days after the ten (10) days have expired, the recall question shall be placed before the electors at such an election. Otherwise, a special recall election shall be fixed by such board for a date not earlier than thirty (30) days nor later than ninety (90) days after the ten days have expired. The incumbent against whom a recall petition is directed may resign at any time prior to the recall election and thereupon the election shall not be held.
The following question shall be presented to each elector in a recall election: "Shall (name of officer) be recalled and removed from the office of (name of office)?"
The above question shall appear as to every officer whose recall is to be voted upon and provision shall be made for the elector to vote "Yes" or "No" on the question.
If a majority of the registered electors who vote on the question at a recall election shall vote "Yes," the incumbent shall be deemed recalled and removed from office; but if a majority of such registered electors shall vote "No," he shall remain in office.
Should the result of such election be affirmative, the date of the removal and vacancy in the office shall be seven (7) days subsequent to the date when the results of election are certified by the board having jurisdiction thereon, unless such date is further postponed by order of court.
No person who has been removed from an elective office by a recall election, or who has resigned from such an elective officer after a recall petition directed to him has been filed, shall be eligible for election or appointment to any office of the township within two years after his removal or resignation.
No recall petition shall be filed against any incumbent of an elective office within the first year or the last nine months of the terms of his office or within nine months after an unsuccessful recall election against him, but an officer who has been reelected for a successive term shall be subject to recall also during the first year of such term.