Section 77.650

Title VII CITIES, TOWNS AND VILLAGES

Chapter 77

Effective - 28 Aug 1997   

  77.650.  Recall of elected officials — procedure — limitations. — 1.  The holder of any elective office in a third class city may be removed by the qualified voters of such city by recall petition in accordance with the procedure set out in sections 77.650 to 77.660 subject to the following limitations:

  (1)  The officer has held office for at least six months;

  (2)  In the case of an office for a term of two years only, one recall petition may be filed during such term;

  (3)  For a term of office more than two years, additional recall petitions may be filed but not less than six months later after voter disapproval of the last recall petition;

  (4)  The recalled officer may not be a candidate to succeed himself at a special election held to fill the vacancy created by his recall, nor may he be appointed by the appointing authority to fill the vacancy.

  2.  A petition signed by voters entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least twenty-five percent of the total number of registered voters in such city entitled to vote for a successor to the incumbent sought to be removed, demanding the recall of a person from elective office shall be filed with the county clerk which petition shall contain a statement of the reasons for which recall is sought which shall not be more than two hundred words in length.  Such petition for recall shall be filed with the appropriate county clerk or election authority within sixty days after the date of the earliest signature on the petition.  The reasons for recall are misconduct in office, incompetence or failure to perform duties prescribed by law.  The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number and the date signed.  One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

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(L. 1982 H.B. 1120 § 2, A.L. 1983 H.B. 713 Revision, A.L. 1997 S.B. 395)