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H. B. No. 157 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Beck, Becker, Ruhl, Terhar
A BILL
To enact section 503.23 of the Revised Code to
establish a procedure to recall an elective
township officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 503.23 of the Revised Code be enacted
to read as follows:
Sec. 503.23. Any elective officer of a township may be
removed from office by the qualified voters of such township. The
procedure to effect such removal shall be:
(A) A petition signed by qualified electors equal in number
to at least fifteen per cent of the total votes cast at the most
recent regular township election, and demanding the election of a
successor to the person sought to be removed, shall be filed with
the board of elections. Such petition shall contain a general
statement in not more than two hundred words of the grounds upon
which the removal of such person is sought. The form, sufficiency,
and regularity of any such petition shall be determined as
provided in the general election laws.
(B) If the petition is sufficient, and if the person whose
removal is sought does not resign within five days after the
sufficiency of the petition has been determined, the board of
township trustees shall thereupon order and fix a day for holding
an election to determine the question of the removal of the
elective officer, and for the selection of a successor to each
officer named in said petition. Such election shall be held not
less than thirty nor more than forty days from the time of the
finding of the sufficiency of such petition. The election
authorities shall publish notice and make all arrangements for
holding such election, which shall be conducted and the result
thereof returned and declared in all respects as are the results
of regular township elections.
(C) The nomination of candidates to succeed each officer
sought to be removed shall be made, without the intervention of a
primary election, by filing with the election authorities, at
least twenty days prior to such special election, a petition
proposing a person for each such office, signed by electors equal
in number to ten per cent of the total votes cast at the most
recent regular township election for township trustee.
(D) The ballots at such recall election shall, with respect
to each person whose removal is sought, submit the question:
"Shall (name of person) be removed from the office of (name of
office) by recall?"
Immediately following each such question, there shall be
printed on the ballots, the two propositions in the order set
forth:
"For the recall of (name of person)."
"Against the recall of (name of person)."
Immediately to the left of the proposition shall be placed a
square in which the electors may vote for either of such
propositions.
Under each of such questions shall be placed the names of
candidates to fill the vacancy. The name of the officer whose
removal is sought shall not appear on the ballot as a candidate to
succeed the officer's self.
In any such election, if a majority of the votes cast on the
question of removal are affirmative, the person whose removal is
sought shall be removed from office upon the announcement of the
official canvass of that election, and the candidate receiving the
plurality of the votes cast for candidates for that office shall
be declared elected. The successor of any person so removed shall
hold office during the unexpired term of the successor's
predecessor. The question of the removal of any officer shall not
be submitted to the electors until such officer has served for at
least one year of the term during which the officer is sought to
be recalled. The method of removal provided in this section, is in
addition to such other methods as are provided by law. If, at any
such recall election, the incumbent whose removal is sought is not
recalled, the incumbent shall be repaid the incumbent's actual and
legitimate expenses for such election from the treasury of the
township.
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