Sunday, March 9, 2008

Article 23 - Recall

Section 1: Recall is the power of the electors to remove an elective officer.
Section 2: Recall of a state officer or elected authority shall be initiated by delivering to the Election Commission a petition alleging reason for recall, with or without alternate name of a person whom they propose to appoint or elect in his place. Sufficiency of reason shall not be necessary. Proponents shall have one hundred and eighty days to file signed petitions after such initiation.
Section 3: A petition to recall an officer must be signed by electors equal in number to fifty percent of valid voter of that area.
Section 4: The Election Commission shall maintain record and specimen of the signatures of the voters.
Section 5: A recall election shall be conducted within ninety days if the next general election is not due in next one hundred and eighty days, otherwise it shall be held with next general election.
Section 6: If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor.
Section 7: The Election Commission shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
Section 8: A state officer who is not recalled shall be reimbursed by the State for the officer's recall election expenses legally and personally incurred. A recall cannot be initiated against the officer until expiry of one year from the date of election or previous recall.
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