(1) For the recall of a partisan officer, the canvass board shall be composed of one representative from each major political party and the county clerk and recorder.
For the recall of a nonpartisan officer, the canvass board shall be composed of thedesignated election official, one member of the governing body, and one eligible elector of the political subdivision.
The canvass board shall complete and certify the abstract of votes in accordance witharticle 10 of this title.
If the majority of those voting on the recall question voted "yes", upon receipt of thecertified abstract of votes cast, the designated election official shall issue a certificate of election to the successor candidate who received the highest number of votes. A copy of the certificate shall be transmitted by the secretary of state to the appropriate house of the general assembly for recall elections concerning the general assembly and to the governor for the recall of all other elections of state officers. For all other recall elections, a copy of the certificate shall be transmitted to the governing body of the political subdivision. The candidate who received the highest number of votes shall be sworn in and shall assume the duties of the office upon certification of the election results.
If less than a majority of those voting on the recall question voted "yes", upon receiptof the certified abstract of votes cast, the designated election official shall notify in writing the incumbent, each candidate for the office, the committee, and the governing body of the incumbent.
Source: L. 92: Entire article R&RE, p. 797, § 15, effective January 1, 1993. L. 95: (3) and (4) amended, p. 850, § 78, effective July 1. L. 99: Entire section amended, p. 491, § 22, effective July 1. L. 2012: Entire section amended, (HB 12-1293), ch. 236, p. 1047, § 18, effective May 29.