Bill Description
AN ACT relating to cities and towns; establishing recall provisions for municipal elected officers as specified; repealing a duplicative provision; and providing for an effective date.
Notes
HB022 states that any municipal officer elected under this article may be removed at any time by the qualified electors through petition in the following manner:
· The petition shall be signed by at least twenty‑five percent (25%) of all the registered electors and demanding an election of a successor of the person sought to be removed shall be filed with the city clerk.
· The petition shall contain a general statement of the grounds for removal.
· The signatures to the 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.
· One (1) of the signers of each paper shall make oath before a competent officer that the statements therein made are believed to be true, and that each signature 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 clerk shall determine whether or not the petition is signed by the requisite number of qualified electors. If necessary, the governing body shall provide the clerk additional assistance for that purpose.
· The clerk shall attach to the petition his certificate, showing the result of his examination;
· If the petition is insufficient, it shall be returned to the person who filed it, without prejudice to the filing of a new petition to the same effect.
· If the petition is sufficient, the clerk shall submit it to the governing body without delay. The governing body shall then fix a date for holding the election, not less than thirty (30) days and not more than forty (40) days from the date of the clerk's certificate of sufficiency.
· The governing body shall publish notice and arrange for holding the election, which shall be conducted in the same manner as other city elections.