Requirements For Recall Elections And Vacancies

Sections 1 through 5 of the act clarify the procedure for filling a vacancy in a municipal elected office. When a vacancy occurs, the governing body shall appoint an eligible elector or call a special election within 60 days. If the governing body lacks sufficient members to reach a quorum, the clerk of the governing body is authorized to call a special election to fill the vacancy.

Sections 6 through 8 modify and clarify the requirements for municipal recall elections, by:

• Requiring members of the committee designated to represent the signers of a recall petition to be registered electors residing in the municipality;
• Clarifying the number of signatures required for a recall petition for a person holding an office filled by more than one person;
• Requiring signers to include their municipality and county with their address when signing a recall petition;
• Clarifying that disassembly of a recall petition section renders that section invalid;
• Clarifying that a municipal clerk's written initial determination that a recall petition or a refiled recall petition is sufficient or insufficient is final unless a protest is filed in accordance with statutory requirements;
• Repealing a requirement that the county clerk and recorder prepare a list of registered electors for the protest;
• Clarifying deadlines and processes for petitions and protests;
• Requiring that nomination petitions for successors be filed within 20 calendar days after the date a recall election is set;
• Providing that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results of the vote on a successor shall not be disclosed; and
• Clarifying ballot requirements and election standards for a recall election and specifying that in cases in which more than one officer is is recalled from an office to which more than one person may be elected, candidates equal in number to the number of persons recalled from office who received the highest number of votes for the office are elected for the remainder of the term of each of the offices vacated with the candidate receiving the highest number of votes being elected for the longest remaining term.

APPROVED by Governor April 17, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)