25-4325. Recall of local officers; petition; affidavit, form, number of signatures.
25-4325
25-4325. Recall of local officers; petition;affidavit, form, number of signatures.Before being filed, each petition shall be certified by an affidavit bythe sponsor who personally circulated the petition. The affidavit shallstate in substance that (a) the person signing the affidavit is asponsor, (b) the person is the only circulator of that petition or copy,(c) the signatures were made in such person's actualpresence, (d) to thebest of such person's knowledge, the signatures arethose of the personswhose names they purport to be, (e) the person circulated thepetition in the manner provided by this act and (f) the person signingthe affidavit, being duly sworn, on oath states that the statements ofgrounds for recall contained in the recall petition are true. In determiningthesufficiency of the petition, the county election officer shall not countsignatures on petitions not properly certified. The recall committeemay file the petition only if signed by registered electors in theelection district of the local officer sought to be recalled equal innumber to not less than 40% of the votes castfor all candidates for the office of the local officer soughtto be recalled, such percentage to be based upon the last general election forthecurrent term ofoffice of the local officer sought to be recalled. If morethan one person was elected to such office at such election the number ofsignatures required shall be equal to not less than 40%of the votes cast at such election for all candidates for the office dividedby the number of persons elected to such office.
History: L. 1976, ch. 178, § 25; L. 1976, ch. 177, § 5; L. 1978,ch. 147, § 8;L. 1987, ch. 130, § 2;L. 2003, ch. 127, § 8; July 1.