(1)(a) If the official whose removal is sought is the holder | 20 |
of a statewide office, a petition signed by qualified electors | 21 |
equal in number to at least fifteen per cent of the total votes | 22 |
cast in the state for the office of governor at the most recent | 23 |
election for that office, and demanding the election of a | 24 |
successor to the person sought to be removed, shall be filed. If | 25 |
the official whose removal is sought is the holder of an office | 26 |
other than the office of secretary of state, the petition shall be | 27 |
filed with the secretary of state. If the official whose removal | 28 |
is sought is the secretary of state, the petition shall be filed | 29 |
with the governor, and the governor shall fulfill all duties of | 30 |
the secretary of state with regard to that petition. | 31 |
(b) If the official whose removal is sought is a member of | 32 |
the general assembly, a petition signed by qualified electors | 33 |
equal in number to at least fifteen per cent of the total votes | 34 |
cast in the respective district for the office of governor at the | 35 |
most recent election for that office, and demanding the election | 36 |
of a successor to the person sought to be removed, shall be filed | 37 |
with the board of elections of the most populous county in the | 38 |
district. | 39 |
(3) If the petition is sufficient, and if the official whose | 45 |
removal is sought does not resign within five days after the | 46 |
sufficiency of the petition has been determined, the question of | 47 |
removal of the official shall appear on the ballot at the next | 48 |
general election or at a special election conducted on the day of | 49 |
the next primary election, if the date of such election is fewer | 50 |
than one hundred fifty days after the petition is filed. If the | 51 |
date of the next succeeding general election or primary election | 52 |
is one hundred fifty or more days after the petition is filed, a | 53 |
special election shall be held to determine the question of the | 54 |
removal of the official, and for the selection of a successor to | 55 |
the official. | 56 |
If the election is for the removal of the holder of a | 57 |
statewide office, the secretary of state or, if applicable, the | 58 |
governor, shall thereupon order and fix the day for the special | 59 |
election. If the election is for the removal of a general assembly | 60 |
member, the board of elections of the most populous county in the | 61 |
member's district, after consultation with the board of elections | 62 |
of each county with territory in the district, shall thereupon | 63 |
order and fix the day for the special election. Such election | 64 |
shall be held not less than thirty nor more than forty days from | 65 |
the time of the finding of the sufficiency of such petition. The | 66 |
election authorities shall publish notice and make all | 67 |
arrangements for holding such election, which shall be conducted | 68 |
and the result thereof returned and declared in all respects as | 69 |
are the results of regular elections for the applicable office. | 70 |
(6) In any such election, if a majority of the votes cast on | 93 |
the question of removal are affirmative, the official whose | 94 |
removal is sought is removed from office upon the announcement of | 95 |
the official canvass of that election, and the candidate receiving | 96 |
the plurality of the votes cast for candidates for that office | 97 |
shall be declared elected. The successor of any person so removed | 98 |
shall hold office during the unexpired term of the successor's | 99 |
predecessor. | 100 |
(C) No petition shall be filed under this section seeking the | 101 |
removal of an official until the official has served for at least | 102 |
ninety days of the term during which the official is sought to be | 103 |
recalled. The method of removal provided in this section, is in | 104 |
addition to such other methods as are provided by law. If, at any | 105 |
such recall election, the incumbent whose removal is sought is not | 106 |
recalled, the incumbent shall be repaid the incumbent's actual and | 107 |
legitimate expenses for such election from the state treasury. | 108 |