1-25-7. Recall; duties of county clerk.
259 words·~1 min read·
/nm/chapter-1-elections/article-25-recall/1-25-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Upon receipt of completed petitions, the county clerk shall stamp the petitions with the filing date. All completed petitions for the recall of one or more named officials shall be filed with the county clerk on the same day within ninety days from the date of initiation.
B. For each petition that is accompanied by the required affidavit pursuant to the Recall Act, the county clerk shall verify the signatures on the completed petitions within fifteen days and determine whether the verified signatures meet the required minimum number.
C. The minimum number of verified signatures required to validate a petition is thirty-three and one-third percent of the total number of voters who voted for all candidates for the elected position currently occupied by the named official at the last election where the official was elected.
D. Within five days of making a determination whether the verified signatures meet the required minimum number, the county clerk shall notify the petitioner and the named official in writing of the determination, and if the county clerk determines that sufficient signatures have been submitted, the clerk shall initiate procedures for a recall election as provided in the Local Election Act; provided that the order of the district court shall serve as the proclamation calling the recall election.
History: 1953 Comp., § 77-4A-9, enacted by Laws 1977, ch. 308, § 9; 1979, ch. 277, § 1; 1985, ch. 169, § 5; 1987, ch. 142, § 1; 1978 Comp., § 22-7-9, recompiled and amended as § 1-25-7 by Laws 2019, ch. 212, § 165.