Chapter Five
RECALL
The following provisions for recall shall apply to all elected Town officials, regardless of length of term of office;
Recall action may be commenced at any time after election to office, unless there are three (3) months or less remaining in the term of office of the official subject to recall action, in which event these recall provisions shall be not applicable.
A minimum of twenty-five (25) registered voters may file an affidavit containing their signatures and setting forth the name and office of the elected official subject to recall and setting forth the specific reason or reasons for the recall.
The Board of Election Commissioners, after verifying the twenty-five (25) or more signatures on the affidavit, must issue petition forms in sufficient quantity within five (5) days after receipt of the affidavit and the petition form (s) must contain the name and office held by the elected official subject to recall, the specific reason or reasons for recall and the date and time of the issuance.
Recall petition forms shall be returned and filed with the Board of Election Commissioners within twenty (20) days following the date on which said Board has issued petition forms. The petitions so filed must contain the signatures of at least fifteen percent (15 percent) of the registered voters at the time of the last Town election.
The Board of Election Commissioners shall certify the validity of the required number of signatures within five (5) days of its receipt of the last of the petition forms filed within the time allowed for such filing.
Within five (5) days after such certification the Board of Election Commissioners shall give written notice to the official subject to recall, such notice to be served by a Town Constable and to set forth the specific reason or reasons given for recall and to also contain a statement advising the official concerned of his (her) right to tender his (her) written resignation to the Town Clerk within seven (7) days of the receipt of said written notice from the Board of Election Commissioners.
Within five (5) days after the Board of Election Commissioners certifies the signatures of the recall petitions said Board shall set a date for recall election and shall also establish a ten (10) day period within which candidates for the office subject to recall may file nomination papers.
Recall election shall be scheduled not less than thirty-five (35) days nor more than forty-five (45) days after the Board of Election Commissioners has certified the petitioners. The polls shall be open for recall election voting during the same hours as they were set for the most recent annual Town election and the result shall be determined by a majority vote. In the event that the annual Town election is scheduled to take place within sixty (60) days of the date on which the Board of Election Commissioners certifies the recall petitions, the recall election shall be postponed until the date of such annual Town election.
If the official subject to recall does not resign, such official shall continue to perform the duties of his (her) office until the recall election and shall be eligible to be a candidate for the office which is the concern of the recall election. The recall election shall take place notwithstanding the fact that a vacancy occurs prior thereto.
(a) The recall election ballot shall contain two (2) propositions in the order indicated:
For the Recall of (Name of Official)
Against the Recall of (Name of Official)
and the right of each proposition there shall be square in which voter, by making a crossmark (x), may vote for either proposition. (b) the recall election ballot shall also contain the name(s) of the candidates nominated, as hereinbefore provided, to fill a vacancy resulting from a vote for recall. If, in fact, recall is voted under paragraph (a), the candidate receiving the greatest number of votes shall be deemed elected, or re-elected, to fill out the remainder of the term of the office concerned in the recall election.
A second recall against any elected Town official may not be initiated until at least six (6) months after the date of the first recall election.
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