Gilpin observer., 1912-10-24

sisners % Of such petition, but such review
shall be had and determined forthwith.
The sufficiency. or the determination Of
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 sufficient, the
officer. with whom such recall petition
was filed. shall forthwith submit said ne
tition, together with certificate of its
sufficiency to the Governor, who shall
thereupon order and fix the date for
days nor more than sixty days from the
date of submission of said petition: FRO,
vided. If a general election Is to be held
within ninety days after the date of sub
mission of said petition. the recall elec,,
ton shall be held as part of said general
election.
Section 8. If such officer shall offer
his resignation. 1t shall be accented. and
the vacancy caused by such resignation:
9s o IrSm proVded ads by law but the person
pointed to fiji such vacancy shall hold
his office only until the person elected
such officer shall not resign within five
days after the sufficiency of the recall
petition shall have been sustained. the
publication of notice for the holding of
such election. and officers charged by
law with duties concerning elections
election. and the same shall be con-
Quoted. returned and the result thereof
declared in all respects as in the case of
On the official ballot at such election
shall be printed in not more than 200
words. the reasons set forth in the peti-
tion for demanding his recall, and in not
more than three hundred words there
shall also be printed, If desired by him.
the officers justification of his course
in off off oh Al eiypT,
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, shat
petition is fled be recalled from the Of
flee or title of the office)?" Following
such question shall be the words Yes
space at the right of each. in which the
voter shall indicate, by marking cross
(X), 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
person sought to be recalled from said
office. The name of the person against
whom the petition is filed shall not ap-
office.
If a majority of those voting on said
question of the recall Of any incumbent
bent shall continue in said office; If a
majority shall vote yes" such incum-
bent shall thereupon be deemed removed
from such office upon the qualification
of his successor.
If the vote had in such recall elections
shall recall the officer then the candi-
date who has received the highest num-
ber of votes for the office thereby va
Gated shall be declared elected for the
of election shall be forthwith issued to
him by the canvassing board. In case the
person who received the highest number
of votes shall fail to qualify within fif
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 noni
mated by petition. as now provided by
office in which petitions for nomination
to office are required by law to be filed
not less than fifteen days before such
recall election.
circulated or filed against any officer
until he has actually held his office for
at least six months. save and except it
may be filed against any member of the
days from the convenng 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
ally expended by him as expenses of
such election; and the legislature shall
provide appropriations for such purpose.
f1a tG roh h4
called under the provisions of this arti-
Gle. the duties herein imposed upon him
shall be performed by the Lientenant
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. town may provid,e,
powers in such counties. cities and coun-
ties. cities and towns. but shall not re-
signed by electors eHsa more Number than
twenty-five per centum of the entire vote
cast at the last precedingf election. as in
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 exercising any public or govern
mental duty, power or function, shall be
an elective officer. or one appointed.
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 or 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,
rt..t.
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-
strueu as affecting or limiting the pres
ent or future powers OF cities and
counties, or cities having charters
adopted under the authority given by the
except as in the last three
preceding paragraphs expressed.
In the submission to the electors of
any petition proposed under this Article.