Introduced

SB 324 - This act establishes procedures for removing a county commissioner in first class counties by recall petition. These procedures are subject to the following limitations: the county commissioner who is named in the petition shall have held office for at least six months, and a commissioner who is eventually recalled shall not fill the vacancy created by their recall. In order to recall a county commissioner, a petition containing a written statement providing the grounds for the recall must first be filed with the county election officials within 60 days of receiving its first signature. The petition must receive signatures from voters eligible to vote for a successor to the commissioner the petition seeks to recall, and in a number and manner specified in the act.

Once the petition is filed, county election officials will have 10 days to determine if the petition meets all the requirements prescribed in this act in order to receive a certificate, which deems the petition sufficient. If the petition is deemed insufficient, it may be amended and re-filed within 10 days of it being deemed insufficient. However, once a petition is deemed sufficient, the county election officials will send the county commission the certificate that deems the petition sufficient. The county commission will then order the question of whether or not to recall the commissioner named in the petition be submitted to the voters of the county.

Following the order by the commission, a special election will be held on that question as soon as practicable. If a majority of the votes cast in the election are against recalling the commissioner, then the commissioner shall serve out the remainder of the term he or she was elected to serve. However, if a majority of the votes cast in this election are in favor of recalling the commissioner, then a vacancy shall exist in such office.

This act is similar to HB 580 (2019).

CHARLEY MERRIWEATHER


Return to Main Bill Page