§ 33.09  RECALL PROCEDURE.
   (A)   Any or all of the elected officials of the municipality may be removed from office by recall pursuant to Neb. RS 32-1301 to 32-1309.
   (B)   Petition circulators shall conform to the requirements of the Election Act. The petition papers shall be procured from the Municipal Clerk. Each petition paper shall conform to the requirements of Neb. RS 32-1304. Prior to the issuance of such petition papers, an affidavit shall be signed and filed with the Municipal Clerk by at least one registered voter. Such voter or voters shall be deemed to be the principal circulator or circulators of the recall petition. The affidavit shall state the name and office of the official sought to be removed and shall request that the Municipal Clerk issue initial petition papers to the principal circulator for circulation. The Municipal Clerk shall notify the principal circulator or circulators that the necessary signatures must be gathered within 30 days from the date of issuing the petitions.
   (C)   The Municipal Clerk, upon issuing the initial petition papers or any subsequent petition papers, shall enter in a record, to be kept in his or her office, the name of the principal circulator or circulators to whom the papers were issued, the date of issuance and the number of papers issued. The Municipal Clerk shall certify on the papers the name of the principal circulator or circulators to whom the papers were issued and the date they were issued. No petition paper shall be accepted as part of the petition unless it bears such certificate. The principal circulator or circulators who check out petitions from the Municipal Clerk may distribute such petitions to registered voters residing in the municipality who may act as circulators of such petitions.
   (D)   Petition signers shall conform to the requirements of the Election Act, being Neb. RS 32- 101 to 32-1551. Each signer of a recall petition shall be a registered voter and qualified by his or her place of residence to vote for the office in question on the date of the issuance of the initial petition papers.
   (E)   A person demanding that the question of removing a member of the governing body be submitted to the registered shall be signed and by registered voters equal in number to at least 45% of the total vote cast for the person receiving the most for that office in the last general election.
   (F)   The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the Municipal Clerk within 30 days after the Municipal Clerk issues the initial petition papers to the principal circulator or circulators. Within 15 days after the filing of the petition, the Municipal Clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters. No new signatures may be added after the initial filing of petition papers. No signatures may be removed unless the Municipal Clerk receives an affidavit signed by the person requesting his or her signature be removed before the petitions are filed with the Municipal Clerk for signature verification. If the petition is found to be sufficient, the Municipal Clerk shall attach to the petition a certificate showing the result of such examination. If the requisite number of signatures has not been gathered, the Municipal Clerk shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.
   (G)   If the recall petition is found to be sufficient, the Municipal Clerk shall notify the official whose removal is sought and the governing body that sufficient signatures have been gathered. If the official does not resign within five days after receiving the notice, the governing body shall order an election to be held not less than 30 days, nor more than 45 days, after the expiration of the five-day period; except that, if any other election is to be held in the municipality within 90 days of the expiration of the five-day period, the governing body shall provide for the holding of the removal election on the same day. After the governing body sets the date for the recall election, the recall election shall be held regardless of whether the official whose removal is sought resigns before the recall election is held.
   (H)   If a majority of the votes cast at a recall election are against the removal of the official named on the ballot or the election results in a tie, the official shall continue in office for the remainder of his or her term, but may be subject to further recall as provided in division (J) below. If a majority of the votes cast at a recall election are for the removal of the official named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed, be deemed removed from office unless a recount is ordered. If the official is deemed removed, the removal shall result in a vacancy in the in the office which shall be filled as otherwise provided in this code and state law. If the election results show a margin of votes equal to 1% or less between the removal or retention of the official in question, the Secretary of State, Election Commissioner or County Clerk shall order a recount of the votes cast unless the official named on the ballot files a written statement with the Municipal Clerk that he or she does not want a recount. If there are vacancies in the offices in the majority or more of the members of the governing body at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the Secretary of State, Election Commissioner or County Clerk.
   (I)   No official who is removed at a recall election or who resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of another member of the governing body during the remainder of his or her term of office.
   (J)   No recall petition shall be filed against an elected official within 12 months after a recall petition has failed to remove him or her from office or within six months after the beginning of his or her term of office or within six months prior to the incumbent filing deadline for office.
(Prior Code, § 1-710)
Statutory reference:
   Related provisions, see Neb. RS 32-1301 through 32-1309