SECTION 26. FILING AND CERTIFICATION.

   All papers comprising a recall petition shall be assembled and filed with the Clerk as one (1) instrument within thirty (30) days after the filing with the Clerk of the affidavit stating the name and office of the officer sought to be removed. Within ten (10) days from the date of the filing of such petition the Clerk shall determine the sufficiency in valid signatures and attach thereto a certificate showing the result of the Clerk's examination. If the Clerk shall certify that the petition is insufficient the Clerk shall set forth in the certificate the particulars in which the petition is defective, and shall return a copy of the certificate to the person designated in such petition to receive it.

SECTION 27. SUPPLEMENTAL PETITIONS.

   Such recall petition may be amended at any time within twenty (20) days after the making of the certificate of insufficiency by the Clerk, by filing a supplementary petition upon additional petition papers, issued, signed and filed, as provided herein for the original petition. The Clerk shall, within ten (10) days after such amendment is filed, make like examination of the amended petition, and if the certificate shall show the same to be still insufficient in valid signatures, the Clerk shall return it to the person designated in such petition to receive it, without prejudice, however, to the filing of a new petition for the same purpose, provided that no new petition shall be filed within three (3) months thereafter.

SECTION 28. RECALL OF AUDITOR.

   (Repealed November 5, 1996)

SECTION 29. RECALL ELECTION.

   If a recall petition or amended petition shall be certified by the Clerk to be sufficient in valid signatures the Clerk shall at once submit the same with the certificate to the Council and shall notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, the Council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than thirty (30) days and not more than forty (40) days after the petition has been presented to the Council, at the same time as any other general or special election held within such period; but if no such election be held within such period, the Council shall call a special recall election to be held within the aforesaid time.

SECTION 30. BALLOTS.

   The form of the ballots used in recall elections, the method of marking and counting such ballots and determining the result of such election, shall conform in all particulars to the provisions of this Charter relative to regular Municipal elections. Recall ballot procedures shall comply with the General Laws of the State of Ohio wherein the electorate must first vote "For" or "Against" the recall of an elected officer and the name of the officer whose removal is sought shall not appear on the ballot below the recall issue as a candidate to succeed the officer's self.

(Amended November 6, 2001)

SECTION 31. NOMINATIONS; PROCEDURE.

   Except as provided in this section, nominations of candidates to succeed any officer whose removal is sought shall be made in the manner provided for in this Charter, and nominating petitions shall be filed with the election authorities at least twenty-five (25) days prior to the date of holding such recall election. Any person so nominated shall file his or her acceptance of such candidacy with the election authorities at least twenty (20) days before the date of the recall election; and in the absence of such acceptance his or her name shall not appear on the ballot. Any officer sought to be removed may be a candidate to succeed himself or herself, and unless he or she requests otherwise, in writing at least twenty-five (25) days prior to the date of holding the recall election, the election authorities shall place his or her name on the official ballot without nomination. Recall ballot procedures shall comply with the General Laws of the State of Ohio wherein the electorate must first vote "For" or "Against" the recall of an elected officer and the name of the officer whose removal is sought shall not appear on the ballot below the recall issue as a candidate to succeed the officer's self.

(Amended November 6, 2001)

SECTION 32. SUCCEEDING OFFICER.

   The incumbent, if re-elected, shall continue in office for the remainder of the unexpired term, subject to the recall as before, except as provided in this Charter. If not re-elected in the recall election, the incumbent shall, regardless of any technical defects in the recall petition, be deemed removed from the office as soon as a successor has qualified and such successor shall hold office during the unexpired term. If the successor fails to qualify within ten (10) days after receiving notification of his or her election, the incumbent shall thereupon be deemed removed and the office vacant. Recall ballot procedures shall comply with the General Laws of the State of Ohio wherein the electorate must first vote "For" or "Against" the recall of an elected officer and the name of the officer whose removal is sought shall not appear on the ballot below the recall issue as a candidate to succeed the officer's self.

(Amended November 6, 2001)

SECTION 33. IMMUNITY TO RECALL.

   No recall petition shall be filed against an officer within one hundred and twenty (120) days after the officer takes office, nor in the case of an officer re-elected in a recall election, until one hundred and twenty (120) days after the election. An officer can be subject to only one recall election during any unexpired term of office.

(Adopted November 4, 1969; Amended November 6, 2001)

SECTION 34. STATE LAW TO GOVERN WHERE NO CHARTER PROVISION.

   Where no special provision is made in this Charter governing the election to be held on account of a recall petition being filed as hereinbefore provided, the general laws of the State of Ohio shall govern.