City of Berkeley, MO Recall Elections and Petitions

The procedure to effect the removal of such Councilman shall be as follows: A petition requesting the removal of an incumbent Councilman shall be filed with the City Clerk. The petition shall be signed by registered voters entitled to vote for a successor of the incumbent, equal in the aggregate number to at least fifteen percent (15%) of the total number of registered voters so qualified to vote at the last regular municipal election for such office; provided however, that, for any member of the Council elected at large, at least fifteen percent (15%) of the total number of registered voters so qualified to vote at the last regular municipal election for such office from each Ward shall have signed said petition.

The signatures to a recall petition need not be appended to paper, but all papers comprising the petition shall be uniform in character, shall state the name of the Councilman whose recall is sought, shall contain a fair and accurate general statement of the grounds for removal.

Section 105.050 Withdrawal Petition.

[Ord. No. 3432 §2, 2-2-1998]

The Councilman subject to recall may, at any time prior to completion of the examination by the Clerk of the petition or any supplementary petition, present to the Clerk a withdrawal petition, containing one (1) or more signatures and the residence address of any person or persons who had signed a recall petition ordering that the voter's name and signature be removed from said petition and stating that his/her request for said recall election is withdrawn.

Section 105.060 General Form of Petitions.

[Ord. No. 3432 §3, 2-2-1998]

All papers comprising a petition and shall contain the address and the signed and sworn or notarized statement, under the penalty of perjury, of the circulator thereof that each signature appended thereto was made in his/her presence and is the true and genuine signature of the person it purports to be.

No person may circulate a petition who is not a resident and registered voter of the City of Berkeley.

Each signer to the petition shall print his/her name, residence address, date of signature and ward of residence opposite his/her signature.

Any petition that was circulated by a person who is not a resident and registered voter of the City of Berkeley at the time said petition is circulated shall be null and void.

Any signature line that shall not include the printed name, residence address, the date signed and the Ward in which the voter resides shall be null and void.

Any signature that shall be of a person who is not a resident and registered voter of the City of Berkeley at the time of filing said petition with the City Clerk shall be null and void.

If the respective form for a recall petition as set forth in Section 105.070 or the respective form for a recall withdrawal petition as set forth in Section 105.080, below, shall be substantially followed, it shall be sufficient, disregarding clerical and merely technical errors. Any petition that does not substantially conform with the form for petitions set forth in Sections 105.070 or 105.080, below, shall be null and void.

Section 105.070 Recall Petition Form.

[Ord. No. 3432 §4, 2-2-1998]

Any recall petition filed with the Clerk shall substantially conform to and be in the following form:

RECALL PETITION
Ward: _________________	Page No. _________________
It is unlawful for anyone to sign any recall petition with any name other than his/her own, or knowingly to sign his/her name more than once for the same measure for the same election, or to sign a petition when he/she knows he/she is not a registered voter of the City of Berkeley.
To the Honorable City Clerk, City of Berkeley, State of Missouri:
We, the undersigned, citizens and registered voters of the State of Missouri, County of St. Louis and City of Berkeley, on the following grounds:
(Here state grounds for recall of Councilperson)
respectfully order that the following question be placed on the official ballot, for acceptance or rejection, as provided by Article XI of the Berkeley City Charter:
"SHALL (Name of Councilperson subject to recall) BE REMOVED FROM OFFICE?
____ YES	____ NO
and each for himself/herself says: I have personally signed this petition; I am a registered voter of the State of Missouri, County of St. Louis and City of Berkeley; my registered voting address, the date I signed the petition, my printed name, and the number of the Ward in which I reside are correctly written after my signature.

CIRCULATION AFFIDAVIT
STATE OF MISSOURI, COUNTY OF ST. LOUIS, CITY OF BERKELEY
I, ____________________________ (here print name of circulator), a Missouri registered voter and a resident of the State of Missouri, and City of Berkeley being first duly sworn, say: (Here follow numbered lines for signers)

Voter's Signature	Printed Name	Printed Address	Ward	Date Signed

signed this page of the foregoing petition, and each of them signed his/her name thereto in my presence; I believe that each has signed and printed his/her name, registered voting address, inserted the date signed and the Ward of their residence correctly, and that each signer is a registered voter of the State of Missouri, County of St. Louis and City of Berkeley, and that the signature affixed thereto is the true and genuine signature of the person it purports to be.

_________________ Signature of Circulator

_________________ Address of Circulator

Subscribed and sworn to before me this ______ day of ______, A.D. ______.

_________________ Signature of Notary

(Notary Public Seal)

My commission expires _______________________________.

Section 105.080 Recall Withdrawal Petition Form.

[Ord. No. 3432 §5, 2-2-1998]

Any recall withdrawal petition filed with the Clerk shall substantially conform to and be in the following form:

RECALL WITHDRAWAL PETITION
Ward:_______________	Page No._______________
It is unlawful for anyone to sign a recall withdrawal petition with any name other than his/her own, or knowingly to sign his/her name when he/she knows he/she has not previously signed the recall petition for the same measure for the same election, or to sign a petition when he/she knows he/she is not the registered voter of the City of Berkeley who previously signed the petition.
To the Honorable City Clerk, City of Berkeley, State of Missouri:
We, the undersigned, citizens and registered voters of the State of Missouri, County of St. Louis and City of Berkeley, respectfully state that we previously signed a petition titled, "Recall Petition", that our signature was affixed to said petition without a full and complete understanding and appreciation of the nature and purpose of said petition, that our request for said recall election is hereby withdrawn and we order that our name and signature be removed from the petition ordering that the following question be placed on the official ballot, for acceptance or rejection, as provided by Article XI of the Berkeley City Charter:
"SHALL (Name of Councilperson subject to recall) BE REMOVED FROM OFFICE?;
________ YES	________ NO
and each for himself/herself says: I have personally signed this petition; I am a registered voter of the State of Missouri, County of St. Louis and City of Berkeley; my registered voting address, the date I signed the petition, my printed name, and the number of the ward in which I reside are correctly written after my signature.

CIRCULATOR'S AFFIDAVIT
STATE OF MISSOURI, COUNTY OF ST. LOUIS, CITY OF BERKELEY
I, ____________________________(here print name of circulator), a Missouri registered voter and a resident of the State of Missouri, and City of Berkeley being first duly sworn, say: (Here follow numbered lines for signers)

Voter's Signature	Printed Name	Printed Address	Ward	Date Signed

________________ Signature of Circulator

________________ Address of Circulator

Subscribed and sworn to before me this ______ day of ______, A.D. ______.

________________ Signature of Notary

(Notary Public Seal)

My commission expires _______________________________.

Section 105.090 Grounds for Recall.

[Ord. No. 3432 §6, 2-2-1998]

The petition shall contain a fair and substantially accurate general statement of the grounds for recall of a Councilman from office.

The general statement of grounds for recall of a Councilman from office shall not contain any defamatory or misleading factual statements.

A general factual statement of grounds for recall of a Councilman from office that is substantially inaccurate, defamatory or misleading to the voters shall render a petition null and void.

Section 105.100 Election Offenses.

[Ord. No. 3432 §7, 2-2-1998]

Any person who signs a name other than his/her own to any petition or knowingly signs his/her name more than once to the same petition or who knows he/she is not a registered voter at the time of signing such petition, or any person willfully violating any provision of this Chapter shall be guilty of a class two election offense as provided by State law and prosecuted accordingly.

Willfully and falsely making any certificate, affidavit, or statement required to be made under any provision of this Chapter, including but not limited to, statements specifically required to be made "under penalty of perjury"; or in any other manner knowingly furnishing false information to the City Clerk in connection with a recall or recall withdrawal petition, or to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the City Clerk, authority or official in the performance of official duties shall be guilty of a class one election offense as provided by State law and prosecuted accordingly.

Section 105.110 Certification by the Clerk.

[Ord. No. 3432 §8, 2-2-1998]

After a recall petition is filed, the City Clerk shall determine whether each paper of the petition substantially complies with the form for petitions and any other procedural or substantive requirements heretofore or hereinafter prescribed.

If said petitions substantially conform to the form for petitions or the other procedural or substantive requirements heretofore or hereinafter prescribed, the City Clerk shall determine whether, after adjustment for any names withdrawn or for other causes shown, the petition is signed by a sufficient number of registered voters.

The City Clerk, at his/her sole discretion, may employ staff, consultants or submit said petitions to the St. Louis County Board of Election Commissioners to verify and validate that the signatures contained on said petition are true and genuine signatures of registered voters of the City of Berkeley, and that they are registered to vote at the address stated on said petition on the date signed. However, only the Clerk shall be empowered to certify the sufficiency thereof.

The petition shall be a public document and open to public inspection and copying.

Within not less than nor more than fifteen (15) days after a recall petition is filed, the Clerk shall complete his/her examination of the petition.

The City Clerk shall certify the results thereof to the Council at its next regular meeting.

If he/she finds the petition to be insufficient, he/she shall set forth in his/her certificate the particulars in which it is defective and he/she shall at once notify the person filing the petition of his/her findings.

If a recall petition is certified to be insufficiently signed or otherwise defective, supplemental papers conforming to the requirements of the original petition may be filed within not later than twenty (20) days after the notice of insufficiency has been sent by the City Clerk.

Said supplemental papers shall also be subject to withdrawal of signatures therefrom by the signers thereof.

Within not less than nor more than ten (10) days after such supplementary papers are filed, the Clerk shall complete his/her examination of the petition, as supplemented.

The City Clerk shall certify the final results thereof to the Council at its next regular meeting.

If the petition is still found to be insufficient, no further supplement shall be allowed, but a new petition for the same purpose may be filed.

If the last date for doing an act provided for herein, falls on a Saturday, Sunday or holiday or a day on which the office of the City Clerk is closed for business, then said act may be performed and on the next succeeding regular business day, on which the Clerk's office is open for business, following the date on which said act was due to be performed.

Section 105.120 Election.

[Ord. No. 3432 §9, 2-2-1998]

When a recall petition has been certified to the Council as sufficient by the City Clerk, the Council shall fix a date for holding the election, not less than thirty (30) days nor more than forty-five (45) days thereafter, unless otherwise prescribed by State law.

Publication and notice thereof shall be given and the election shall be conducted, the returns canvassed and the results declared in all respects as are other City elections.

A recall proceeding shall at once be discontinued if the office of the Councilman whose recall is in question becomes vacant.

Section 105.130 Ballot.

[Ord. No. 3432 §10, 2-2-1998]

The ballot in a recall election shall be in the following form:

	Shall	(name)	be removed from office?
	____ YES		____ NO
	Voters in favor of the recall place a cross (X) in the square opposite the word YES.
	Voters opposed to the recall place a cross (X) in the square opposite the word NO.

If voting machines are used, the ballot shall be prepared in a form so as to give the voter an opportunity to vote substantially as set forth above.

Section 105.140 Effect of Election.

[Ord. No. 3432 §11, 2-2-1998; Ord. No. 3543 §1, 12-17-2001; Ord. No. 3567 §1, 6-3-2002]

If the majority of the electors voting in such recall election shall vote in favor of the recall, the office in question shall become vacant immediately upon certification of the election results by the City Clerk and filing of said results with the Council.

Section 105.150 Limitation of Recall.

[Ord. No. 3432 §12, 2-2-1998]

No Councilman shall be subject to recall during the first six (6) months after his/her induction into office.

No recall petition may be circulated and no signature may be affixed to a recall petition during the first six (6) months after a Councilman, who is subjected to a recall, has been inducted into office.

Any pages or papers of a petition that have been circulated prior to the first six (6) months after a Councilman, who is subjected to a recall, has been inducted into office, shall be null and void.

Any signature that was affixed to a petition prior to the first six (6) months after a Councilman, who is subjected to a recall, has been inducted into office, shall be null and void.