Recall of elected officials

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§ 123-311. Recall of elected officials

(a) Any elected Town officer may be removed from office as follows:

A petition signed by not less than 25 percent of the registered voters shall be filed with the selectmen, requesting a vote on whether the elected officer shall be removed from office. The date of signing by each voter shall be indicated in the petition and such date shall not be earlier than 30 days prior to the filing of the petition. The selectmen shall call a special Town meeting, to be held within 45 days of receiving the petition, to vote on whether the elected town officer shall be removed. The officer shall be removed only if at least as many registered voters of the Town vote as voted in the election wherein the officer was elected, or at least one-third of the registered voters of the Town vote, whichever is greater, and a majority of the number of votes is cast for removal. Notwithstanding any other provision of law or of this charter to the contrary, any vote on a recall petition shall be by the Australian ballot system.

(b) If the Town votes for removal of an elected officer, the office shall thereupon become vacant, and the selectmen shall call a special meeting, to be held within 45 days of the vote for removal, to fill the vacancy until the term of the officer so removed expires. The office shall remain vacant until the next annual Town meeting if such special meeting would fall within 75 days prior to the annual Town meeting.


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