HB 1235 -- RECALL OF LOCAL ELECTED OFFICIALS

SPONSOR: Terry

Current law provides a recall process for elected officers of third class cities.

This bill applies the same statutory process to elected officers of third class cities with optional forms of government, fourth class cities, and villages.

The officer has to have held office for at least six months. The recalled officer cannot be a candidate for a special election to fill the vacancy created by the recall or be appointed to fill the vacancy by the appointing authority.

If the officer is in a fourth class county and is serving a four year term an additional recall petition may be filed if it has been six months after voter disapproval of the officer's most recent recall petition.

The recall procedure is initiated with a recall petition submitted by qualified voters of the city. The petition must be signed by 25% of the total number of registered voters eligible to vote for the officer's successor. All signatures must be collected within 60 days of the first signature on the petition. The petition must contain a statement describing the reason for the recall in no more than 200 words.

Within 10 days of receiving the filed petition, the election authority of the county in which the city is located will verify whether it has been signed by the requisite number of voters. If the petition is deemed sufficient, the election authority will submit it to the board of alders, who will order a special election to submit the recall to voters. If the petition is insufficient, it will be returned to petitioners without prejudice to the filing of a new petition.

Statutes affected:
Introduced (2566H.01): 78.650, 78.655, 78.660, 79.650, 79.655, 79.660, 80.562, 80.564, 80.566