25-4311. Same; petition; affidavit; filing, when; number of signatures.

25-4311

Chapter 25.--ELECTIONS
Article 43.--RECALL OF ELECTED OFFICIALS

      25-4311.   Same; petition; affidavit; filing, when;number of signatures.Before being filed, each petition shall be certified by an affidavit bythe sponsor who personally circulated the petition. The affidavit shallstate in substance that (a) the person signing the affidavit is asponsor, (b) the person is the only circulator of that petition or copy,(c) the signatures were made in the petitioncirculator's actual presence, (d) to thebest of the petition circulator's knowledge, thesignatures are those of the personswhose names they purport to be, and (e) the person circulated thepetition in the manner provided by this act. In determining thesufficiency of the petition, the secretary of state and county electionofficers assisting the secretary of state shall not count subscriptionson petitions not properly certified. Only one election may be held forthe recall of a particular state officer in a single term of office, andno application for a second recall election within a single term shallbe approved nor shall any petition therefor be circulated. No petitionmay be filed within less than 180days of thetermination of the term of office of the state officer sought to berecalled. The recall committee may file the petition only if signed byregistered electors in the state or in the election district of thestate officer sought to be recalled equal in number to not less than40% of the votes cast for all candidatesfor the office of the state officer sought to be recalled,such percentage to be based upon the last general election for the current termofoffice of the stateofficer sought to be recalled.

      History:   L. 1976, ch. 178, § 9; L. 1976, ch. 177, § 3; L. 1978,ch. 147, § 2;L. 2003, ch. 127, § 5; July 1.