§ 15-4-110 — Recall of officers

Wyoming § 15-4-110

• Jurisdiction: Wyoming
• Title 15: Cities and Towns
• Ch. 4: ALTERNATIVE FORMS OF GOVERNMENT
• Art. 1: COMMISSION

Text

(a) Any elected officer may be removed at any time by the
qualified electors in the following manner: a petition signed by
at least twenty-five percent (25%) of all the registered
electors and demanding an election of a successor of the person
sought to be removed shall be filed with the city clerk. The
petition shall contain a general statement of the grounds for
removal. The signatures to the petition need not all be appended
to one (1) paper, but each signer shall add to his signature his
place of residence, giving the street and number. One (1) of the
signers of each paper shall make oath before a competent officer
that the statements therein made are true as he believes, and
that each signature is the genuine signature of the person whose
name it purports to be. Within ten (10) days from the date of
filing the petition the clerk shall determine whether or not the
petition is signed by the requisite number of qualified
electors. If necessary, the commission shall allow him extra
help for that purpose. The clerk shall attach to the petition
his certificate, showing the result of his examination. If the
petition is insufficient, it shall be returned to the person who
filed it, without prejudice to the filing of a new petition to
the same effect. If the petition is sufficient, the clerk shall
submit it to the governing body without delay. The governing
body shall then fix a date for holding the election, not less
than thirty (30) days nor more than forty (40) days from the
date of the clerk's certificate of sufficiency. The commission
shall publish notice and arrange for holding the election, which
shall be conducted in the same manner as other city elections.
(b) Any person sought to be removed may be a candidate to
succeed himself, and unless he requests otherwise in writing at
least ten (10) days prior to the date of the special primary
election, the clerk shall place his name on the official ballot
without nomination. On the second Tuesday preceding the date
fixed for the special election, a special primary election for
the selection of candidates shall be held. The special primary
election and nomination are governed by the provisions of this
article. If the person sought to be removed is a candidate, one
(1) opposing candidate shall be selected at the special primary
election. The special primary election shall be held if there
are more than two (2) nominees, one (1) of whom may be
incumbent. If there are no candidates nominated against the
officer sought to be removed, no special election will be held
and the incumbent shall continue in office.
(c) In any removal election the candidate receiving the
highest number of votes is elected. The incumbent shall be
removed from office upon the qualification of his successor, who
shall hold office during the unexpired portion of the term for
which his predecessor was elected. If the person who receives
the highest number of votes fails to qualify within ten (10)
days after receiving notification of election the office is
vacant. This method of removal is in addition to any other
methods provided by law.