(1) If any officer resigns by submitting a written letter of resignation to the clerk at any time prior to the recall election, all recall proceedings shall be terminated, and the vacancy caused by such resignation shall be filled as provided by law. If the resignation occurs after the ballots have been prepared or at a time when it would otherwise be impracticable to remove the recall question from the ballot, no votes cast on the recall question shall be counted.
At least ten days before the recall election, the clerk shall give notice of the electionin accordance with section 31-10-501. Except as otherwise provided in this part 5, the recall election shall be conducted and returned and the result of such election declared in all respects as in the case of regular elections.
(a) On the official ballot at such elections shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall, and, in not more than three hundred words, there shall also be printed, if desired by him, the officer's justification of his course in office. Any such reasons or justification shall be submitted to the municipal clerk by the date on which a nominating petition must be filed pursuant to subsection (4) of this section. If such officer resigns at any time subsequent to the calling of the recall election, the recall election shall be held, notwithstanding such resignation.
There shall be printed on the official ballot, as to every officer whose recall is to bevoted on, the words, "Shall (name of person against whom recall petition is filed) be recalled from the office of (title of office)?". Following such question shall be the words "yes" and "no" on separate lines with a blank space at the right of each in which the voter shall indicate, by marking a cross mark (X), his vote for or against such recall.
On such ballots, under each question, there shall also be printed the names of thosepersons who have been nominated as candidates to succeed the person sought to be recalled, but no vote cast shall be counted for any candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. All candidates on the ballot shall be listed in alphabetical order.
(4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days prior to such recall election.
(b) Where the governing body of the municipality chooses to conduct the recall election by mail ballot in accordance with the requirements of section 31-4-503 (4), candidates shall have not less than ten calendar days beginning on the first calendar day after the governing body sets the date for the recall election within which to circulate nominating petitions, and such petitions shall be filed no later than forty-five days prior to such recall election.
(5) (a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election.
Absentee ballots shall be available no later than ten days before the recall election.
The absentee polling place in the office of the municipal clerk shall be open duringregular business hours between the tenth and fifth day preceding the recall election.
If a majority of those voting on said question of the recall of any incumbent fromoffice vote "no", said incumbent shall continue in said office. If a majority vote "yes", such incumbent shall be removed from such office upon compliance with section 31-4-401 by his successor.
If the vote in such recall election recalls the officer, the candidate who has receivedthe highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term, and a certificate of election shall be forthwith issued to him by the canvassing board. In case the person who received the highest number of votes fails to comply with section 31-4-401 within fifteen days after the issuance of a certificate of election, or in the event no person sought election, the office shall be deemed vacant and shall be filled according to law.
Mandatory or optional recounts of ballots cast in a recall election shall be conductedin accordance with section 31-10-1207.
Source: L. 75: Entire title R&RE, p. 1037, § 1, effective July 1. L. 83: (1), (5), and (6) amended, p. 1258, § 13, effective July 1. L. 91: Entire section amended, p. 752, § 21, effective April 4. L. 96: (3)(a) and (4) amended, p. 1768, § 63, effective July 1. L. 2000: (1), (2), and (5)(c) amended and (8) added, pp. 794, 795, §§ 10, 11, effective August 2. L. 2004: (4) amended, p. 1523, § 4, effective May 28.
Editor's note: This section is similar to former § 31-5-204 as it existed prior to 1975.