At the same election by which the recall of any officer is sought, the election of a successor to the person sought to be recalled may be had, provided the petition for recall demands the election of a successor to the person sought to be recalled.
Any qualified person may be nominated for the office which is to be filled at any recall election by a petition signed by electors, qualified to vote at such recall election, equal in number to at least five per cent of the total number of votes cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies. Each such nominating petition shall be filed with the city clerk at least twenty-five days before the date of such recall election.
There shall be printed on the recall ballot, as to every officer whose recall is to be voted on thereat, the following question: “Shall (person sought to be recalled) be removed from the office of (name of office)”
Following the question shall be printed the words “Yes” and “No,” on separate lines, with a voting square at the right of each, in which the voter shall stamp a cross (X) for or against such recall.
On such ballots, under such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case he or she shall be removed from office by said recall election; but no vote shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. If a majority of those voting on said question of the recall of the incumbent from office shall vote “No” then said incumbent shall continue in said office. If a majority shall vote “Yes,” then said incumbent shall thereupon be deemed removed from such office upon the qualification of his or her successor. The canvassers shall canvass all votes for candidates for said office and declare the result in like manner as in a regular election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be thereby declared elected for the remainder of the term.
In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election, or in case the majority shall vote “Yes” on the question of recall, but no candidate was nominated or ran at said election to succeed the person sought to be recalled, then said office shall be deemed vacant and shall be filled according to law.
All requirements of this Charter relating to ballots at general municipal election shall, so far as applicable, apply to all ballots at every election at which a question of recall is to be voted upon.
The call for elections under this article shall be the same as the call for general or special municipal elections. (Stats. 1927, p. 2057).
Editor's note: This section was amended by the voters of the city on March 26, 1996.