25-4322. Same; petition; filing of copy before circulation; notice on matters relating to recall; determination of sufficiency of petition, procedure; commencement of proceedings concerning recall ele
25-4322
25-4322. Same; petition; filing of copy beforecirculation; noticeon matters relating to recall; determination of sufficiency of petition,procedure; commencement of proceedings concerning recall elections, time limitson.(a) Before any petition for recall of a local officer is circulated, acopythereof accompanied by names and addresses of the recall committee and sponsorsshall be filed in the office of the county election officer with whom thepetitions are required to be filed.The copy of the petition sofiled shall be subscribedby the members of the recall committee in the presence of such county electionofficer. The recall committee shall represent all sponsors and subscribersin matters relating to the recall. Notice on all matters pertaining tothe recall may be served on any member of the recallcommittee in person or by mailaddressed to a committee member as indicated on the petition so filed.The county election officer, upon request, shall notify the recall committeeof the officialnumber of votes cast for all candidates for the office of thelocal officer sought to be recalled, such percentage to be based upon the lastgeneralelection for the current term of office of the officer sought to berecalled.
(b) Before any petition for recall of a local officer is circulated, thecounty election officer shall transmit a copy of such petition to the county ordistrict attorney or to the attorney designated pursuant to subsection (c) fordetermination of the sufficiency of the grounds stated in the petition forrecall. Within five days of receipt of the copy of the petition from the countyelection officer, the county or district attorney or the attorney designatedpursuant to subsection (c) shall make such determination and notify the countyelection officer, the officer sought to be recalled and the recallcommittee of such determination. Suchdetermination shall include whether:
(1) The facts do not support the grounds for recall as stated in the petitionforrecall;
(2) the petition is not substantially in the required form;
(3) the petition was filed during the first 120 days of the term of office ofthe official sought to be recalled or within less than 180 days of thetermination of the term of office of the officer sought to be recalled;
(4) the person named in the petition is not a local officer;
(5) there is an insufficient number of requiredsignatures of any kind;
(6) the local officer sought to be recalled has been or is being subjectedto another recall election during such officer's current term of office; or
(7) the application does not conform to any other requirement of this act.
(c) In the case of a recall of the county or district attorney, a judge ofthe district court of such county shall designate an attorney to determine thesufficiency of the grounds statedin the petition for recall. Such attorney shall perform the duties imposed onthe county or district attorney in the recall of other local officers.
(d) All mandamus proceedings to compel a recall election and all injunctionproceedings to restrain a recall election shall be commenced within 30days after the county or district attorney'sdecision.
History: L. 1976, ch. 178, § 22;L. 1976, ch. 177, § 4;L. 1999, ch. 105, § 9;L. 2003, ch. 127, § 7;L. 2007, ch. 125, § 5; July 1.