Gilpin observer., 1912-10-10


the sufficiency. of the petition referred
to in this section shall not be held, or
construed. to refer to the ground or
grounds assigned in such petition for the
recall of the incumbent sought to be re-
called from office thereby.
When such petition Is surdl9ient;i dIi neit fne ne
was filed. shall forthwith submit said pc
tition, together with certificate of its
thereupon order and fix the date for
holding the election not less than thirty
days nor more than sixty days from the
vided if general election is to be held
within ninety days after the date OF SUD-
mission of said petition. the recall elec,,
tion shall be held as part of said general
election.
his resignation 1t shall be accepted. and
the vacancy caused by such resignation;
or from any other cause. shall be filled
as provided by law; but the person a,
his office only until the person. elected
at the recall election shall qualify. II
such officer shall not resign within five
days after the sufficiency of the recall
petition shall have been sustained. the
Governor shall make or cause to be made
of notice nd for he
law with duties concerning elections
shall make all arrangements for such
election. and the same shall be. con.
Quoted. returned and the result thereof
declared in all respects as in the case of
general elections.
| shall be printed in not more than 200
words, the reasons set forth in the petl-
ton for demanding his recall. and in not
more than tnree hundred words there
shall also be printed. If desired by him.
the officers justification of his course
in office. If such officer shan resign
at any time subsequent to the filing
| thereof. the recall election shall be called
Notwithstanding such resignation.
There shall be printed on the official
ballot, as to every officer whose recall
is to be voted on. the words, "Sham
| (name of person against whom the recall
| lice OF (title of the Officer Following
such question shall be the words Yes
and NO" on separate lines. with blank
voter shall indicate. by marking a cross
| CX). his vote for or against such recall
On such ballots; under each question.
| there shall also be printed the names
of those persons who have been nomi-
mated as candidates to succeed the per-
son sought to be recalled; but no vote
cast shall be counted for any candidate.
for such office. unless the voter also
voted for or against the recall of such
office. The name of the person against
whom the petition is filed shall not ap-
pear on the ballot as candidate for the
office.
If majority of those voting on said
question of the recall of any incumbent
from office shall vote mo-" said incum-
bent shall continue in said office; if a
majority shall vote yes" such incum-
bent shall thereupon be deemed removed
If the vote had in such recall elections
shall recall the officer then the candi-
date who has received the highest num-
| Der of votes for the office thereby va
Gated shall be declared elected for the
remainder of the term, and a certificate
| of election shall be forthwith issued to
| him by the canvassng board In case the
person who received the highest number
teen days. after the issuance of a certifi-
cate of election. the office shall be
deemed vacant. and shall be filled accord
| Candidates for the office may be nomi-
nated BY Rsaltiiton as bm noW " pf4ylded s,nd by
office in which petitions for nomination
| to office required by law to be filed
not less than fifteen days before such
| recall election.
| Section 4. No recall petition shall be
circulated or filed against any officer
| until he has actually held his office for
| at least six months, save and except it
state legislature at any time after five
days from the convening and organizing
of the legislature after his election.
After one recall petition and election.
no further petition shall be filed against
| the same officer during the term for
which he was elected, unless the petit
| TONERS signing said petition shall equal
| fifty per centum of the votes cast at
the last preceding general election for
| all of the candidates for the office held
by such officer as herein above defined
II at any recall election the incumbent
whose recall is sought is not recalled. he
shall be repaid from the State treasury
any money authorized by law and actu-
ally expended by. him as expenses of
such election; and the legislature shall
provide appropriations for such purpose.
| If the governor is sought to be re-
called under the provisions of this arti-
Gle. the duties herein imposed upon him
shall be performed by the Lieutenant
Governor; and If the Secretary of State
Is sought to be recalled. the duties here
in imposed upon him, shall be performed
by the State Auditor.
The recall may also be exercised by
| the electors of each county, city and
county, city and town of the State, with
reference to the elective officers there
of under such procedure as shall be pro-
vided by law.
Until otherwise provided by law, the
Legislative body of any such county, city
and county. city and town may provide
| for the manner of exercising such recall
powers in such counties. cities and coun-
ties cities and towns but shall not RE Re-
| signed by electors more in number than
| twenty-five per centum. of the entire vote
Section hereof Liore particularly set
| forth for all the candidates for office
which the incumbent sought to be re-
called occupies. as herein above defined.
Every person having authority to exer-
| else or exercising any public or govern
| mental duty, power or function. shall be
drawn or designated in accordance with
| law by an elective officer or officers, or
| by some board. commission, person or
| persons legally appointed by an elective
officer OF officers. each of which said
| elective officers shall be subject to the
recall provision of this constitution; pro-
vided that, subject to regulation by law.
any person may, without compensation
therefor, file petitions. or complaints in
courts concerning crimes. or do police
duty only in cases of immediate danger
| to person or property.
Nothing herein contained shall be con-
strue- as affecting or limiting the pres
ent or future powers of cities AMI
counties, or cities having charters
| adopted under the authority given by the
Constitution, except as in the last three
preceding paragraphs expressed.
In the submission to the electors of
any petition proposed under this Article.
all officers shall be guided by the Gen
| eral Laws of the state. except as other
wise herein provided.
This Article is self executing. but legis-
lation may be enacted to facilitate its
operations but IN no way limiting or f,d,s re-