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Sec. 433. Supporting and Opposing Arguments.
 
   Any incumbent of an office whose removal is sought may file with the City Clerk an Argument Opposing the Recall, justifying the incumbent's course in office. The person filing the recall petition, or the person or organization on whose behalf a recall petition was filed, shall have the right to present to the City Clerk an Argument Supporting the Recall. Arguments supporting and opposing the recall shall be submitted to the City Clerk and distributed to the voters in compliance with the requirements of the City Election Code.
 
SECTION HISTORY
 
Amended by: Charter Amendment E, approved November 6, 2018, effective December 14, 2018; Charter Amendment EE, approved November 6, 2018, effective December 14, 2018.
 
 
Sec. 434. Prohibition on Reappointment.
 
   No person who has been removed from an elected office by the recall, or who has resigned from office while recall proceedings were pending, shall be appointed to any office under the Charter for two years after that removal or resignation.
 
 
Sec. 435. Recall Ballot.
 
   In addition to the question of whether the incumbent shall be removed from office, each recall ballot shall also list the names of all persons who have been nominated as candidates to succeed the person whose removal is sought. The name of the incumbent shall not appear on the ballot as a candidate for the office. If a majority of the registered voters voting on the matter vote in favor of the recall, then the incumbent shall be removed from office effective on the date the successor qualifies.
 
SECTION HISTORY
 
Amended by: Charter Amendment B, approved May 17, 2005, effective June 7, 2005.
 
 
Sec. 436. Nomination of Candidates to Replace Recalled Officer.
 
   Any candidate to be voted for at a recall election, other than the incumbent sought to be removed, may be nominated by petition, which petition shall conform to the provisions of the Charter, so far as applicable, relating to nominating petitions at primary nominating elections. Nominating petitions may be circulated upon the City Clerk’s certificate of sufficiency of the recall petition. Each nominating petition must be filed with the City Clerk within the time established in the ordinance calling the special election. The City Clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters of the City, Council district, or Board district, as the case may be, in accordance with the requirements of the Charter and the City Election Code. The City Election Code shall govern the circumstances under which and process by which insufficient petitions may be supplemented.
 
 
Sec. 437. Election of Candidate to Succeed Recalled Officer.
 
   If the vote at any recall election shall recall an officer of the City of Los Angeles, or a member of the Board of Education, then the candidate who receives a majority of the votes cast for candidates to succeed the officer removed shall be declared elected for the remainder of the term. If no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes at the recall election shall be candidates at a special runoff election, and whichever candidate receives the majority vote at that election shall be elected to succeed the recalled officer.
 
 
Sec. 438. Removal of Appointed Officers.
 
   In addition to any other process for removal provided by law, the incumbent of any appointed office provided for in the Charter or created by ordinance under the authority thereof may be removed at any time after the expiration of three months from appointment by the registered voters of the City. The procedure to effect the removal of the incumbent of an appointive office shall be the same as that for the removal of the incumbent of an elected office by the recall, with the following exceptions:
 
   (a)   The petition for the removal of the incumbent of an appointed office shall be signed by registered voters equal in number to at least 20% of the entire vote cast for the office of Mayor at the last preceding general municipal election, or primary nominating election, at which a Mayor was elected.
 
   (b)   If a majority of the registered voters voting on the question vote in favor of the removal of the appointed officer, the officer shall be removed from office upon the declaration of the result of the election by the Council, and the office shall thereupon become vacant. The vacancy shall be filled by the appointing power in the same manner as other vacancies, but any appointed officer so removed shall not be eligible to any appointed or elected office under the Charter until the expiration of two years after removal.
 
 
Sec. 439. Resignation or Vacancy Pending Removal.
 
   In the event that any appointed officer whose removal is sought resigns at any time after the filing of a removal petition with the City Clerk, or a vacancy from any other cause occurs in that office, at any time prior to two days before the election, the election shall be held, but the incumbent shall not be eligible to any appointed or elected office under the Charter until the expiration of two years from the date of resignation or removal.
 
 
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