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A petition demanding the removal of such officer or officers shall be filed with the Clerk of the Council signed by at least thirty-five (35) per centum of the qualified voters of the Municipality, based upon the number of votes cast for Mayor at the last Municipal election, and containing a general statement of not more than two hundred words of the ground upon which the removal is sought.
Such petition shall be secured from the Clerk of Council by one or more qualified electors who shall file an affidavit stating the name and office of the officer or officers sought to be removed. Upon issuing such petition papers to an elector or electors the Clerk shall make record of same and to whom issued and shall certify on such petitions the name of the elector or electors to whom issued and the date.
The signatures to such petitions need not be appended to any one paper, but all such signatures shall be made in ink or indelible pencil, and to each petition paper shall be attached the affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is the genuine signature of the person whose name it purports to be.
All petition papers comprising a recall petition shall be assembled and filed with the Clerk within thirty days from the issuance of the petitions to the electors filing the demand of removal. The Clerk shall forthwith present the complete petition for recall to the Council and if the form, regularity, and sufficiency of the petition shall be found sufficient the person or persons whose removal is sought shall be notified by the Clerk within five days. If the person, or persons, whose removal is sought does not resign within five days after receiving official notice of the sufficiency of the recall petition, the Council shall thereupon order and fix by resolution a day for a recall election and such election shall be held not less than forty (40) nor more than sixty (60) days after the filing of the complete petition with the Council.
The ballot at such recall election shall conform to the following requirements:
With respect to each person whose removal is sought the question shall be submitted, "Shall (name of person) be removed from office (name of office) by recall ? "
Immediately following each such question shall be printed on the ballot in the order set forth the following propositions:
For the recall of (name of person),
Against the recall of (name of person).
Immediately following each such question shall be printed a square in which the electors by placing a cross mark (X) may vote for either of such propositions.
The name of the officer whose removal is sought shall not appear on the ballot as a candidate to succeed himself.
Immediately under such questions and propositions shall be placed the names of candidates to fill the vacancy or vacancies. Candidates for such vacancy shall be nominated by petition by filing with the proper election authorities at least twenty days prior to such recall election a petition containing not less than ten (10) per centum of the total vote cast for Mayor at the last election. Such nominating petition shall in all other particulars conform to the general statutes of the State governing nominations by petition.
If the majority of the votes cast at such recall election shall be in the affirmative such officer shall be deemed removed and the office vacant immediately upon the announcement of the official canvass of the election. The candidate receiving the plurality of all votes cast for persons to fill such vacancy shall be declared elected and shall at once succeed to the office and shall continue in office for the unexpired term of the person removed.
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