LD 982
pg. 5
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LR 818
Item 1

 
1. The qualified electors of the district may petition for
the recall of a trustee after the first year of the term for
which the trustee is elected by filing a petition with the
municipal clerk demanding the recall of the trustee. A trustee
may be subject to recall for misfeasance, malfeasance or
nonfeasance in office. The petition must be signed by electors
equal to at least 25% of the vote cast for the office of Governor
at the last gubernatorial election within the district. The
recall petition must state the reason for removal.

 
2. Within 3 business days after the petition is offered for
filing, the municipal clerk shall determine by careful
examination whether the petition is sufficient and so state in a
certificate attached to the petition. If the petition is found
to be insufficient, the certificate must state the particulars
creating the insufficiency. The petition may be amended to
correct an insufficiency within 5 days following the affixing of
the original certificate. Within 2 days after the offering of
the amended petition for filing, the petition must again be
carefully examined to determine sufficiency and a certificate
stating the findings must be attached. Immediately upon finding
an original or amended petition sufficient, the municipal clerk
shall file the petition and call a special election to be held
not less than 45 days nor more than 90 days from the date the
municipal clerk certifies the petition as sufficient. The
municipal clerk shall notify the trustee against whom the recall
petition is filed of the special election.

 
3. The trustee against whom the recall petition is filed is a
candidate at the special election without nomination, unless the
trustee resigns within 10 days after the original filing of the
petition. There is no primary. Candidates for the office may be
nominated under the usual procedure of nomination for trustees by
filing nomination papers, not later than 5 p.m., 4 weeks
preceding the election and having their names placed on the
ballot at the special election.

 
4. The trustee against whom a recall petition has been filed
shall continue to perform the duties of the trustee's office
until the result of the special election is officially declared.
The person receiving the highest number of votes at the special
election is declared elected for the remainder of the term. If
the incumbent receives the highest number of votes, the incumbent
continues in office. If another candidate receives the highest
number of votes, the other person succeeds the incumbent within
10 days after receiving notification.

 
5. After one recall petition and special election, no further
recall petition may be filed against the same trustee during the
term for which the trustee was elected.


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