The Monte Vista journal., 1912-10-26

sba hers OF such petition, but such review
| 1 TIL pe had and determined forthvItb
the snff hiiency, OF the determination OF
~ SUI Iiclency, OF the petition referred
W IN this section shall not be held ar
construed. to refer to the ground or
s sacam assigned in such petition for the
IeCan OF the incumbent sought to he re-
ea,,eu from office thereby
| s,,Wheh such petition is sufficient. the
vas fr WIN whom such recall petition
| ltlon' together with a Certificate of tic
sulIlclency to the Governor, who SHAH
b tneIddGiupoh order and fix the date for
dd ows v .he election not less than thirty
1ays nor more than sixty days from the
ua,e OF submission of said petition: Pro-
| viued. II n general election is to be held
n, is,iili ninety days after the date OF sub
| MSS OF said petition. the recall cleo
| election. ' s''''' d"
Section 3. II such officer shall offer
ms resignation. It shall be accepted, and
me vacancy caused by such resignation
| OF from any other cause shall be filled
n ns,b proyited 81, by law; but the person a
ms pttice only until the person elected
at the recall election shall qualify. II
such otticer shall not resign within five
u ua;,st aiter the sufflciency OF the recall
petltlon snail have been sustained the
governor shall make or cause to be made
pupncatlon of notice for the holding of
S SuGh election. and officers charged by
law with duties concerning elections
shall make all arrangements for such
election. and the same shall be con-
Quoted, returned and the result thereof
general elections.
On the official ballot at such election
shali De printed in not more than 200
words, the reasons set forth in the petit
tloh Tor demanding his recall, and in not
more than three hundred words there
shall also be printed If desired by him
In tne 9tticers justification of his course
| IN Office. II such officer shan resign
| at any time subsequent ia
| thereof. the recall election shall be called
Notwithstanding such resignation.
h There shall be printed on the official
ballot, as to every officer whose recall
/ Is TO be voted on. the words, "Shan
| name OF person against whom the recall
petition is fled be recalled from the Of
lice OF ditle of the offce)?' Following
such question shall be the words Yes"
and NO., on separate lines, with blank
space at the right of each, in which the
voter shall indicate, by marking a cross
CH), his vote for or against such recall
| On such ballots under each question
there shall also be printed the names
| or 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
person sought to be recalled from said
| office. The name of the person against
| whom the petition is filed shall not ap-
pear on the ballot as a candidate for the
| office.
If a majority of those voting on said
question of the recall of any incumbent
from office shall vote no." said incum-
bent shall continue in said office: II 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 canfii-
date who has received the highest num-
Gated shall be declared elected for the
remainder Of the term, and certificate
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 certifi-
cate of election, the office shall be
ing to law.
Candidates for the office may be nomi-
mated by petition, as now provided by
law. which petition shall be filed in the
office in which petitions for nomination
to office are required by law to be filed
not less than fifteen days before such
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 1t
may be filed against any member OF the
state legislature at any time after five
days from the converting 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 nni
ally expended by him as expenses Of
such election; and the legislature shall
provide appropriations for such purpose.
II 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 II the Secretary OF State
| 10 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. witt
| reference to the elective officers there
OF, under such procedure as shall be pro-
Until otherwise provided by law. thu
| legislative body OF any such county, city
and county. city and town may provinns
for the manner Of exercising such recall
powers in such counties, cities and coun-
lies cities and towns, but shall not re
duire any such recall petition to be
| signed by electors more In number thnn
twenty-five per centum Of the entire vote
| cast nj the last preceding election. ms IN
| Section hereof more particularly set
| forth for all inc chnuluh''a W
| ,bich the incumbent sought to be re-
called occupies. as herein above defined.
Every person having authority to eser-
else or exercising any public or goErer n
| mental duty power or function, shhll %
| an eIectIye officer, or one appointed
drawn or designated in accordance with
| law by an elective officer or officers or
| DSrsona legally appointed by an elective
pfficer or Officers. each OF which sald
elective officers shall be subject TO t inc
recall provision of this cons,t, uIiIm, P av
| vided that. subject to regulation ny l1W'
ony person may. without compensation
therefor file petitions or Complaints lS,, IN IN
| courts concerning crimes. OF 40 po,I l,,1
,,ou.t.S...i,, a., cases of Immediate danger