25-4328. Same; election; form of ballot; vacancy in office.
25-4328
25-4328. Same; election; form of ballot; vacancy inoffice.If the county election officer of the county where petitions are requiredto be filed determines the petition is properly filed and if the officeis not vacant, such election officer shall prepare theballots and shall call a special election to be held on a date not lessthan 60, nor more than 90, days afterthe date that notification is given that the petition was properly filed. If a vacancy occurs in the office held by the local officer sought tobe recalled at any time after the date that notification is given that thepetition therefor was properly filed, the county election officer, if suchofficer determines that unnecessary election expenses may be avoided thereby,may cancel such special election. The county election officer shall immediatelynotify the recall committee and any other county election officerinvolved of such vacancy and determination and take such other action asmay be necessary to withdraw such proposition from submission to election.If a primary or general election is to be held not less than60, nor more than 90, days after the date that notificationis given that the petition was properly filed, the special election shallbe held on the date of the primary or general election. If anelection at which all or some of the residents of thedistrict are entitled to vote, is to be held more than 90 days but not morethan 120 days after the date notification is given that the petition wasproperly filed, the recall election may be held on the date of suchelection. The ballot shallbe designed with the question of whether the local officer shall be recalled,placed on the ballot in the following manner: "Shall (name of official)be recalled from the office of ______________?". Provision shall be madefor marking the question "Yes" or "No." Except as otherwise specificallyprovided by this act, laws applicable to question submitted elections shallapply to elections held under this section.
History: L. 1976, ch. 178, § 28; L. 1984, ch. 146, § 1;L. 1992, ch. 1, § 1; Feb. 13.