This bill authorizes a local official to be removed from office by the registered voters of the jurisdiction from which the local official was elected. As used in this bill, a "local official" means an elected member of a local legislative body, mayor, sheriff, trustee, register, clerk, assessor of property, or member of a school board. RECALL PROCESS This bill authorizes a person who resides within the geographic boundaries of the jurisdiction of which a local official is sought to be removed and who casts a vote in the last regular election to file a petition with the county election commission that demands the recall of the elected local official. The petition must be signed by registered voters who reside within the geographic boundaries of the jurisdiction of which the local official is sought to be removed equal in number to at least 66% of the total vote cast for the office in the last regular election. Each person signing the petition must sign the person's name, provide the date of signing, and provide the signer's place of residence by street and number or by other customary designation. The petition must contain a general statement of the grounds upon which the removal is sought. A separate petition must be filed for each local official sought to be removed. At submission, this bill requires the petition to include a sworn affidavit by the petition circulator stating the number of petition signers, that each petition signature is the genuine signature of the person whose name it purports to be, that the signatures were received within 90 days of the start of the petition, and that the petition circulator voted in favor of the local official sought to be removed in that local official's last regular election. Within 15 days of receipt of the petition, this bill requires the county election commission to determine the sufficiency of the petition signatures. The county election commission must attach a certificate to the petition with the results. If the county election commission determines the petition signatures are sufficient, then within 15 days of such determination, the county election commission must give notice of the filed petition by publication in a newspaper of general circulation and must provide the grounds upon which removal of a local official is sought. However, if the county election commission determines the petition signatures are insufficient, then the person who filed the petition may amend the petition within 15 days from the date of the certificate and file the amended petition with the county election commission. Within 30 days of receipt of an amended petition, the county election commission must make a sufficiency determination. If the amended petition is still deemed insufficient or if no amended petition is filed, then the county election commission must attach a certificate to the petition and return the petition to the person who filed the petition. If an amended petition is deemed sufficient, then the county election commission must provide notice as required above. RECALL ELECTION This bill requires a county election commission to call an election on the question of whether to recall a local official if the county election commission determines that a petition is sufficient. The question must only be posed to voters who are represented by the local official sought to be removed. The question on the ballot must ask whether the local official should be recalled, and the voter must be provided the option to vote "for recall" or "against recall." If a majority of those voting vote "for recall," then this bill provides that the person named is removed from office and the office is declared vacant. A vacancy cannot be filled by renaming the removed person to the office and the vacancy must be filled in accordance with the applicable law for the office. An election for the purpose of recall must not be held within a period beginning 90 days before and ending 90 days after a regular election. LOCAL BOARD OF EDUCATION MEMBERS This bill removes existing law concerning the removal of a local board of education member by registered voters and, instead, provides the process described above for such members.

Statutes affected:
Introduced: 49-2-213