Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-16
Jaw GOVERNING
RECALL ELECTION
PROVISIONS OF STATUTE RELA-
TIVE TO ATTEMPT TO GUST
MAYOR JONES.
CITY CLERK PASSES ON
SUFFlcIENC> OF PETITION
When He certifies That Recall Petit
ton is Sufficient Council Must Call
Election Within Forty Days OF Date
Of Certificate -Resembianee Of Pc
tition Circulated to Saloon Petition.

Now that a plan is On foot to make
an effort to remove Mayor w. H. Jones
from office, for which purpose a recall
petition IS now being circulated by
those who arranged the secret meeting
of Tuesday night, voters of the city
should be interested in the law on this
particular detail of the commission
plan of government.
The law provides for all the details
of the recall. 1t gives what the petit
ton shal contain, fixes the responsible
ity with the city clerk for determining
the sufficiency Of the petition. estab-
Uses the time limit during which the
special election must be called, and
sets out how candidates have to be
nominated.
The Law on Recall.
The following is the law regarding
the recall:
Section IS. The holder of any cleo
tive office may be removed at any
time by the electors qualified to vote
for a successor OF such The
procedure to effect the removal OF an
incumbent of an elective office n
be as follows: A petition signed by
electors entitled to vote for a success
sor to the incumbent sought to be re-
moved, equal in number to at least 70
FER centum Of the entire vote for all
candidates for the office of mayor cast
at the last preceding general municipal!
election, demanding an election OF a
successor of the person sought TO be
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clerk, which petition shall contain a
general statement Of the grounds for
which the removal is sought. The sig
natures to the petition need not all be
appended to one paper, but each signer
shall add to his signature his place of
residence, giving the street and num-
Der. One OF the signers Of each such
paper shall make oath before an Off
Ger competent to administer oaths that
the statements therein made are true
as he believes and that each signature
to the paper appended is the genuine
signature Of the person whose name II
purports to be. Within ten days from
the date Of fling such petition the city
clerk shall examine, and from the vot-
er's register ascertain whether or not
said petition Is signed by the requisite
number of qualified electors, and, #
necessary, the council shall ALLOW him
extra help for that rpo and he
shall attach to said petition his certifi-
cate, showing the result of said eXani-
nation. If, by the clerks certificate the
petition is shown to be insufficient, It
may be amended within ten days from
the date Of said certificate. The clerk
snail, within ten days after such
amendment, make like examination of
the amended petition, and If his certi-.
ficate shall show the same to be insult
ficient. it shall be returned to the per-
son fling the same; without prejudice.
however, to the fling Of a new petition
to the same effect. If the petition shall
be deemed to be sufficient, the clerk
sha submit the same to the council
without delay. If the petition shall be
found to be sufficient, the council shall
order and AK a date for holding the
said election. not less thar thirty days,
or more than forty days from the date
Of the clerks certificate to the council
that a sufficient petition is filed.
The council shall make, or cause to
be made, publication OF notice, and all
arrangements for holding such election.
and the same shall be conducted, re-
turned, and the result thereof declared,
in all respects as are other city cleo
TONS.
80 far as applicable. except as
otherwise herein provided, nomination
hereunder snail be mad without the
Intervention Of a primary election by
filing with the clerk at least ten days
prior to said election. a statement Of
candidacy, accompanied by a petition
signed by electors entitled to vote at
said special election equal in number
to at least 10 per centum Of the entire
vote for all candidates for the office Of
mayor at the last preceding general
municipal election, which said state
Ment of candidacy and petition shall be
substantially in the form set out in
section 1856 A II of the supplement TO
the code of 1907, as far as the same is
applicable, substituting the word
Special for the word primary in sucn
statement and petition, and stating
therein that such person is a candidate
for election instead of nomination.
THE successor of any office so re-
moved shall hold office during the I'M
expired term Of his predecessor. All:
person sought to be removed may be
g candidate to succeed himself, and I'M
less he requests otherwise in writing,
the clerk shall place his name on the
official ballot without nomination. In
any such rernoval election, the candi-
1ate receiving the highest number of
votes shall be declared elected. AT
lei election, if some other person
than the incumbent receives the high
est number of votes, the incumbent
shall ~thereupon be deemed removed
from the office upon qualification OF
his successor. In case the party who
receives the highest number of votes
shohld fail to qualify within ten days
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