TITLE 34

ELECTIONS

CHAPTER 17

RECALL ELECTIONS

34-1712.  General election laws control. (1) The provisions relating to general elections, including the payment of expenses of conducting the recall election, shall govern special recall elections except where otherwise provided.

(2)  Whenever a special recall election is ordered, notice must be issued in the same manner as for a general election.

(3)  To recall any officer, a majority of the votes cast at the special recall election must be in favor of such recall, and additionally, the number of votes cast in favor of the recall must equal or exceed the votes cast at the last general election for that officer. If the officer was appointed or was not required to stand for election, then a majority of the votes cast in the recall election shall be the number necessary for recall.

(4)  If recalled, an officer shall be recalled as of the time when the results of the special recall election are proclaimed, and a vacancy in the office shall exist.

(5)  If an officer is recalled from his office the vacancy shall be filled in the manner provided by law for filling a vacancy in that office arising from any other cause.

History:

[34-1712, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 5, p. 302; am. 2003, ch. 57, sec. 2, p. 202; am. 2013, ch. 135, sec. 10, p. 315.]