25-4308. Same; certification of application; grounds for refusal of certification; commencement of proceedings concerning recall elections, time limits on.
25-4308
25-4308. Same; certification of application; groundsfor refusal of certification; commencement of proceedings concerning recallelections, time limits on.(a) The secretary of state shall review the application and shall eithercertifysuch application or notify the recall committee of the grounds of refusal. Thesecretary of state shall deny certification if the secretary of statedeterminesthat:
(1) The facts do not support the grounds for recall as stated in theapplication;
(2) the application is not substantially in the required form;
(3) the application was filed during the first 120days of the term of office of the official sought to be recalled orwithin less than 200 days of the termination ofthe termof office of the state officer sought to be recalled;
(4) the personnamed in the application is not a state officer;
(5) there is aninsufficient number of required signatures of any kind;
(6) the stateofficer sought to be recalled has been or is being subjected to anotherrecall election during such officer's current term of office;or
(7) theapplication does not conform to any other requirement of this act.
(b) All mandamus proceedings to compel a recallelection and all injunction proceedings to restrain arecall election shall be commenced within 30days after the secretary of state's decision.
History: L. 1976, ch. 178, § 6;L. 1978, ch. 147, § 1;L. 2003, ch. 127, § 4;L. 2007, ch. 125, § 4; July 1.