Today's Law As Amended

PDF |Add To My Favorites |Track Bill | print page

SCA-2 Elections: recalls.(2019-2020)



That Section 15 of Article II thereof is amended to read:

SEC. 15.
 (a) An (1)  Except as provided in paragraph (2), an  election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.
(2) If the officer resigns no later than 10 days after the date of certification of sufficient signatures, the office is vacant and a recall election shall not be held. This paragraph does not apply to an office filled pursuant to subdivision (d) of Section 16 of Article VI.
(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.
(c) If the majority vote on the question is to recall, the  Except as provided in subdivision (d), the officer’s name shall be placed on the ballot as a candidate if the officer has not resigned pursuant to subdivision (a). Other candidates for the office shall be nominated in the manner provided by law. If a candidate other than the officer receives a plurality, that candidate is elected as the successor to serve the remainder of the officer’s term, and the  officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI. from office. If the officer receives a plurality, the recall fails and the officer shall remain in office. 
(d) For an office filled pursuant to subdivision (d) of Section 16 of Article VI, if the majority vote on the question is to recall, the officer is removed and there shall be no successor candidacy for that office.