19-201. Officers subject to recall; number of
petitioners
A. Every public officer holding an elective office, either by election, appointment
or retention, is subject to recall from such office by the qualified electors of the
electoral district from which candidates are elected to that office. Such electoral
district may include the whole state. A number of qualified electors equaling twenty-five
per cent of the number of votes cast at the last preceding general election for all the
candidates for the office held by the officer, even if the officer was not elected at
that election, divided by the number of offices that were being filled at that election,
by recall petition, may demand the officer's recall.
B. In the case of a public officer holding office in a newly created division or
district of an elective office, either by election or appointment, a number of qualified
electors equaling twenty-five per cent of the number of votes cast at the last preceding
general election for all those who were candidates for other divisions or districts of
the same office held by the officer in that county or city divided by the number of
offices that were being filled at that election, by recall petition, may demand the
officer's recall.
C. If the elective officer to be recalled was appointed to the office or was deemed
elected after an election was canceled due to the absence of opposing candidates as
provided in section 15-424, 15-1442, 16-822, 48-802, 48-1012, 48-1208, 48-1404, 48-1908,
48-2010, 48-2107 or 48-2208, the recall petition must be signed by the number of
qualified electors that is equal to at least ten per cent of the number of active
registered voters in the jurisdiction or district represented by that elective officer as
determined on the date of the last general election.
|