19-209. Order for special recall
election


A. If the officer against whom a petition is filed does not resign within five
days, excluding Saturdays, Sundays and other legal holidays, after the filing as
determined pursuant to section 19-208.03, the order calling a special recall election
shall be issued within fifteen days and shall be ordered to be held on the next following
consolidated election date pursuant to section 16-204 that is ninety days or more after
the order calling the election.


B. A recall election shall be called:


1. If for a state office, including a member of the legislature, by the governor.


2. If for a county officer, or judge or other officer of the superior court in a
county, by the board of supervisors of that county.


3. If for a city or town officer, by the legislative body of the city or town.


4. If for a member of a school district governing board, by the county school
superintendent of the county in which the school district is located.


C. If a recall petition is against an officer who is directed by this section to
call the election it shall be called:


1. If for a state office, by the secretary of state.


2. If for a county office, by the clerk of the superior court.


3. If for a city or town office, by the city or town clerk.