(1)If
the director sought to be recalled resigns by submitting a written letter of
resignation to the designated election official at any time prior to the recall
election, all recall proceedings must be terminated, and the vacancy caused by
such resignation must be filled as provided by section 32-1-905 (2)(a). If the director
resigns after the ballots have been prepared or at a time when it would otherwise
be impracticable to remove the recall question from the ballot, votes cast on the
recall question shall not be counted. If there are no other issues to be voted on at
such election, the recall election must be canceled and notice provided as set forth
in section 1-13.5-513 (6).
(2)Unless the designated election official receives a resignation from the
director sought to be
Free access — add to your briefcase to read the full text and ask questions with AI
(1) If
the director sought to be recalled resigns by submitting a written letter of
resignation to the designated election official at any time prior to the recall
election, all recall proceedings must be terminated, and the vacancy caused by
such resignation must be filled as provided by section 32-1-905 (2)(a). If the director
resigns after the ballots have been prepared or at a time when it would otherwise
be impracticable to remove the recall question from the ballot, votes cast on the
recall question shall not be counted. If there are no other issues to be voted on at
such election, the recall election must be canceled and notice provided as set forth
in section 1-13.5-513 (6).
(2) Unless the designated election official receives a resignation from the
director sought to be recalled in accordance with subsection (1) of this section, the
designated election official shall give notice of the election and the recall question
substantially in compliance with section 1-13.5-502 at least twenty days before the
election.
(3) (a) The official ballot for a recall election must include the statement of
the grounds on which the recall is sought, as included in the recall petition in
accordance with section 32-1-909 (4)(c). The director sought to be recalled may
submit to the designated election official on or before the date on which the ballot
content must be certified under section 1-13.5-511 or 1-5-203 (3), as applicable, a
statement of not more than three hundred words in support of the director's
retention. The director shall not include any profane or false statement in the
statement in support of his or her retention. The official ballot must include the
director's statement if the statement is submitted on or before the date of the
certification of the ballot.
(b) The official ballot must include, for every director whose recall is to be
voted on, the words: Shall (name of director sought to be recalled) be recalled
from the office of director of (name of special district)?. Following or to the right of
the question must be the words Yes and No with a blank space or box to the
right of each in which the eligible elector may indicate his or her vote for or against
such recall.
(c) Following each recall question as described in subsection (3)(b) of this
section, the official ballot must include the names of those persons who have been
nominated as candidates in accordance with subsection (4) of this section to
succeed the director sought to be recalled. The name of the director sought to be
recalled must not appear on the ballot as a candidate for the office. The position of
candidate names on the ballot shall be determined by lot in accordance with
section 1-13.5-902 (2).
(4) Candidates to succeed the director sought to be recalled at a recall
election must be nominated in accordance with section 1-13.5-303 or section 1-13.5-305. Self nominations must be filed no later than sixty-four days prior to the recall
election. Affidavits of intent to be a write-in candidate must be filed no later than
sixty-one days prior to the recall election. If the election is being conducted by a
county clerk and recorder, self-nomination and affidavit of intent forms must be
filed in accordance with the successor candidate deadlines as stated in article 12 of
title 1. The designated election official may provide a call for nominations in
accordance with section 1-13.5-501 (1).
(5) The designated election official shall make absentee ballots available no
later than three business days after the board fixes the date for the recall election.
An application for an absentee ballot must be filed with the designated election
official no later than the Tuesday immediately preceding the recall election.
(6) If a majority of those voting on the question of the recall of a director
vote No, the director shall continue in office. If a majority vote Yes, the director
shall be removed from office upon compliance with section 32-1-901 by his or her
successor.
(7) If the vote in a recall election recalls the incumbent director, the
candidate who has received the highest number of votes for the vacated office shall
be declared elected to serve the remainder of the term of office. The canvassing
board or the designated election official shall promptly issue a certificate of
election to the director-elect. If the person who received the highest number of
votes fails to comply with section 32-1-901 within thirty days after the issuance of a
certificate of election, or in the event no person sought election, the office is
deemed vacant and must be filled in accordance with section 32-1-905 (2)(a).
(8) Mandatory or optional recounts of ballots in a recall election must be
conducted in accordance with section 1-13.5-1306.