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Whenever a recall petition has been filed with the clerk, and while said petition remains in his possession, or has been certified and submitted by him to the mayor and council, no signatures shall be added thereto or taken therefrom.
Within ten (10) days from the filing of such recall petition, the clerk shall ascertain, by examination thereof and of the registration books and election returns, whether the petition is signed by he requisite number of qualified electors, and shall attach thereto his certificate, showing the result of such examination.
If his certificate shows the petition to be insufficient, he shall at once notify in writing one (1) or more of the persons designated on the petition as filing the same; additional signatures, properly verified, may be filed at any time within ten (10) days from the filing of the certificate. The clerk shall, immediately after such refiling, make like examination of the additional signatures, and attach thereto his certificate of the result. If still insufficient, or if no additional signatures are so filed, he shall return the petition to one of the persons designated as filing it, without prejudice, however, to the filing of a new petition for the same purpose.
Editors Note: On March 14, 2007, in Fleischman v. Protect Our City, 214 Ariz. 406, 153 P.3d 1035 (2007), the Arizona Supreme Court held that A.R.S. § 19-121(B) preempts Chapter XXI, § 6 and Tucson Code section 12-59. A.R.S. § 19-121(B) provides that once petition signature sheets are filed in support of a ballot measure, "no additional petition sheet may be accepted for filing", and thus does not allow the filing of additional signatures within the ten days after the city clerk certifies a city initiative petition insufficient.
When the petition shall be found by the clerk to be sufficient, he shall submit the same, with his certificate, to the mayor and council without delay, and the mayor and council shall immediately notify the officer sought to be removed, and if the said officer does not resign within five (5) days after said notification, the mayor and council shall forthwith, after said five-day period, order and fix a date for holding the said election, not less than twenty (20) days nor more than thirty (30) days from the date of the clerk's certificate that a sufficient petition is filed.
The mayor and council shall make, or cause to be made, publication of notice, and all arrangements for holding such election; and the same shall be conducted, returned and result thereof declared, in all respects as are other city elections. If any vacancy occurs in said office after a recall election has been so ordered, the election shall nevertheless proceed as herein provided.
Cross References: Elections generally, ch. XVI.
The nomination of other candidates, the publication of notice of such recall election, and the conduct of the same, shall be in accord with the provisions of this Charter relating to elections.
Cross References: Elections generally, ch. XVI.
The incumbent shall continue to perform the duties of his office until the result of said election shall have been officially declared. The candidate who shall receive the highest number of votes shall be declared elected for the remainder of the term; but if the officer sought to be recalled is elected, then no further recall petition shall be filed against the same officer, during the term for which he was elected, unless petitioners signing shall first pay into the public treasury, which has paid such election expenses of the preceding election, all expenses of the preceding election. If not then elected, he shall be deemed removed from office upon the qualification of his successor.
If the successor fails to qualify within five (5) days after the result of said election shall have been declared, the said office shall be vacant.
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