32-1304. Petition papers; requirements.

507 words·~2 min read·/ne/chapter-32/32-1304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Secretary of State shall design the uniform petition papers to be distributed by all filing officers and shall keep a sufficient number of such blank petition papers on file for distribution to any filing officer requesting recall petitions. The petition papers shall as nearly as possible conform to the requirements of section 32-628 .

(2)In addition to the requirements specified in section 32-628 , for the purpose of preventing fraud, deception, and misrepresentation, every sheet of each petition paper presented to a registered voter for his or her signature shall have upon it, above the lines for signatures,

(a)a statement that the signatories must be registered voters qualified by residence to vote for the office in question and support the holding of a recall election and

(b)in letters not smaller than sixteen-point type in red print

(i)the name and office of the individual sought to be recalled,

(ii)the reason or reasons for which recall is sought,

(iii)the defense statement, if any, submitted by the official, and

(iv)the name of the principal circulator or circulators of the recall petition. The decision of a county attorney to prosecute or not to prosecute any individual shall not be stated on a petition as a reason for recall.

(3)Every sheet of each petition paper presented to a registered voter for his or her signature shall have upon it, below the lines for signatures, an affidavit as required in subsection

(3)of section 32-628 which also includes language substantially as follows: "and that the affiant stated to each signer, before the signer affixed his or her signature to the petition, the following:

(a)The name and office of the individual sought to be recalled,

(b)the reason or reasons for which recall is sought as printed on the petition,

(c)the defense statement, if any, submitted by the official as printed on the petition, and

(d)the name of the principal circulator or circulators of the recall petition".

(4)Each petition paper shall contain a statement entitled Instructions to Petition Circulators prepared by the Secretary of State to assist circulators in understanding the provisions governing the petition process established by sections 32-1301 to 32-1309 . The instructions shall include the following statements:

(a)No one circulating this petition paper in an attempt to gather signatures shall sign the circulator's affidavit unless each person who signed the petition paper did so in the presence of the circulator.

(b)No one circulating this petition paper in an attempt to gather signatures shall allow a person to sign the petition until the circulator has stated to the person

(i)the object of the petition as printed on the petition,

(ii)the name and office of the individual sought to be recalled,

(iii)the reason or reasons for which recall is sought as printed on the petition,

(iv)the defense statement, if any, submitted by the official as printed on the petition, and

(v)the name of the principal circulator or circulators of the recall petition.