(1) If the incumbent against whom a recall petition is directed does not resign from the incumbent's office within ten days after notice of the filing of such petition shall have been given to the incumbent, the board having jurisdiction over elections in the City shall arrange a recall election. If a regular or special election is to be held not less than thirty days nor more than ninety days after the ten days have expired, the recall question shall be placed before the electors at such an election. Otherwise a special recall election shall be fixed for a date not earlier than thirty days nor later than ninety days after the ten days have expired. The incumbent against whom a recall petition is directed may resign at any time prior to the recall election and thereupon the election shall not be held.
(2) The following question shall be presented to each elector in a recall election: "Shall (name of officer) be recalled and removed from the office of (name of office)?" The above question shall appear as to every officer whose recall is to be voted upon and provision shall be made for the elector to vote "Yes" or "No" on the question.
(3) If a majority of the registered electors who vote on the question at a recall election shall vote "Yes", the incumbent shall be deemed recalled and removed from office, but if a majority of the registered electors shall vote "No", the incumbent shall remain in office.
ANNOTATION
Sources: See Charter of the City of Los Angeles (Annot. Ed., 1948) Sections 290(c) and 291; Charter of the City of St. Louis Proposed by the 1949-50 Board of Freeholders, Sections 6 and 7.
Purposes: 1. Should an incumbent against whom a recall petition is directed fail to resign from office upon notice of a filing of a recall petition against him (See Section 9-102), the board of elections is directed to arrange for a recall election.
2. The time limits fixed are such as to permit a minimum reasonable time for a recall campaign and a maximum period of ninety days for holding the election so that the affairs of the City will not suffer from a longer postponement of the time for resolving the issue.
3. The recall question is stated in such form as to permit the use of voting machines at a recall election.
4. If a majority of registered electors vote "Yes" at a recall election, the office in question is to be deemed vacated forthwith. If a majority vote "No", the officer continues in office as theretofore.
Notes
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