SB 741 Allows members of an ambulance district board of directors to be subject to recall from office
Sponsor: Griesheimer
LR Number: 4346L.03C Fiscal Note: 4346-03N.ORG
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/14/2010 - In Conference--SB 741-Griesheimer, with HCS, as amended Journal Page:
Title: HCS SB 741 Calendar Position:
Effective Date: August 28, 2010
House Handler: Dugger

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HCS/SB 741 - This act relates to qualifications for public office.

SECTIONS 28.190 - 105.050

Currently, the Office of United States Senator and most statewide offices, except for the Office of the Governor, may be filled by a gubernatorial appointment when there is a vacancy. This act requires special elections to be held for vacancies in the offices of United States Senator, Lieutenant Governor, Attorney General, Secretary of State, State Auditor, and State Treasurer.

If there is an impeachment proceeding for one of these officers, the Governor will temporarily administer the duties of the office until the trial; and if there is a conviction, the special election process will be used to fill the vacancy. In the case of a vacancy in the Office of the Attorney General, the Office of the State Auditor, or the Office of a United States Senator, the Governor will appoint a temporary acting attorney general, auditor, or senator who will serve until a special election for the office is held.

These sections are similar to HB 1497 (2010).

SECTION 115.124

Currently, municipalities must hold an election in nonpartisan elections when there are the same number of candidates as open offices. This section would make such provision applicable only to cities with a population greater than 7,500.

SECTION 190.056 Under this act, each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This section is identical to SB 978 (2008), a provision of SS/SCS/HB 376 (2009), and SB 122 (2009).

SUSAN HENDERSON MOORE