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Each certificate must be separate, and contain the name of but one signer, who must make oath before a notary public or verification deputy as to the truth of the statements therein. All such certificates signed by electors of each precinct, shall be arranged alpha-betically and bound together. Upon receipt of such petition, the city clerk shall indorse thereon the time it was received. He or she shall thereupon examine said petition, to ascertain whether it conforms to the requirements of this Charter.
Within ten days after such presentation, the city clerk must determine whether said petition so conforms and shall attach thereto his or her certificate showing the result of his or her examination, and send by registered mail a copy of said certificate to the person named in said petition to whom it shall be returned. If the petition does not conform to said requirements, the certificate of the city clerk shall designate the defects in the petition and in the individual certificates. If the certificate of the city clerk shows the petition to be deficient, it may be amended by presentation, within fifteen days after mailing said certificate of the city clerk, of an amended petition, containing additional certificates, arranged and bound as above provided. The city clerk shall, within seven days after the presentation of such amended petition, make like investigation and determination as to the amended petition and attach to it a like certificate and mail a copy as aforesaid, and, if his or her certificate shall show the amended petition to be deficient, or if no amended petition shall have been presented, the petition shall be returned to the person named therein to whom it shall be returned, without prejudice to the filing of a new petition to effect the same purpose.
Should any certificate or certificates to the petition not substantially conform to the requirements of this Charter such fact shall not invalidate the petition if a sufficient number of the certificates substantially conform to such requirements. Should the city clerk find that the said petition or amended petition conforms to such requirements, he or she shall endorse the fact thereon and file and present it to the council.
Editor's note: This section was amended by the voters of the city on March 26, 1996.
Before any petition for recall is circulated, an affidavit in triplicate by or on behalf of the person or persons proposing such recall shall be made and delivered to the city clerk, one to be filed with the city clerk, one to be left by him or her at the office of the officer sought to be recalled, and one to be sent by him or her by registered mail to the residence of such officer. Such affidavit shall contain the address of the person or persons making the same, a statement of the intention to circulate a petition for the recall of said officer containing no more than two hundred words, giving the reasons for such recall. Said officer may, within five days after the mailing of such affidavit, send by registered mail to the address of the party making such affidavit, his or her answer thereto in not more than two hundred words. Such statement and answer, if any, shall be printed on each individual certificate. No original petition for recall of any officer shall be presented to the city clerk later than forty days after the filing of the affidavit.
Editor's note: This section was amended by the voters of the city on March 26, 1996.
If the officer sought to be removed fails to resign within five days after the recall petition is filed, and the petition requests a special municipal election to be held, the council shall cause a special municipal elec-tion to be held within not less than thirty nor more than forty-five days after the filing of said petition, to determine whether said officer shall be recalled, but if a general or special municipal election is to occur within sixty days after the filing of said petition, the council may postpone the holding of such election to such general or special election.
If any question of recall, for which a petition has been filed, be not submitted to the electors of the city at or within the time specified, such petition shall remain in force until such question has been submitted.
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.
After a petition for recall of a person from office has been filed, he or she may continue to perform the duties of his or her office until the council has canvassed the returns of the election and declared that a majority of the votes upon the question of his or her recall was cast in favor thereof. (Stats. 1927, p. 2058).
Editor's note: This section was amended by the voters of the city on March 26, 1996.
No recall petition shall be filed against any elective officer until he or she has actually held this office for at least six months, and no second or subsequent recall petition shall be filed against the same officer for a period of six months from the time of the last recall election relating to said officer and for any second or subsequent recall election the petitioners shall first deposit with the director of finance an amount of cash equal to the total cost of the last recall election, for the purpose of defraying the expenses of the recall election petitioned for; if at the election said officer is recalled, said deposit shall be returned to the petitioners, but if said officer is not recalled, it then shall be the property of the city and shall be credited to the general fund of the city.
Editor's note: This section was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966. This section was further amended by the voters of the city on March 26, 1996.