Chapter IV, Section II - Recall

Sec. 4-2-1.    Recall of officials.

Every elective officer of the Town may be recalled from office at any time by the electors entitled to vote for a successor of such incumbent, through the procedure provided for in this Section.  (Ord. 415 §1, 1990)

Sec. 4-2-2.    Petition procedure.

The procedure to effect the recall of an elective officer of the Town shall be as follows:

1. A petition signed by electors entitled to vote for a successor of the incumbent sought to be recalled equal in number to twenty-five percent (25%) of the entire vote cast at the last preceding election for all candidates for the position which the incumbent sought to be recalled occupies, demanding an election of the successor to the officer named in said petition, shall be filed in the office of the Town Clerk.
2. Such petition shall contain a general statement, in not more than two hundred (200) words, of the grounds on which recall is sought.  The registered electors shall be the sole and exclusive judges of the legality, reasonableness and sufficiency of such grounds assigned for such recall, and said grounds shall not be open to review.
3. Any recall petition may be circulated and signed in sections; provided that each section shall contain a full and accurate copy of the title and text of the petition.
4. The signatures to such recall petition need not be on one (1) sheet of paper, but each signer must add to his or her signature the date of signing and his or her place of residence, giving his or her street number, if any.
5. The person circulating such sheet shall make and subscribe an oath on said sheet that the signatures thereon are genuine, and a false oath, willfully so made and subscribed by such person, shall be perjury and punished as such.  (Ord. 415, Section 1, 1990)

Sec. 4-2-3.    Initial review by Town Clerk.

Upon receipt of a recall petition, the Town Clerk shall conduct an initial review.  This initial review shall be limited to determining whether or not each signature is accompanied by the date of signing, the full legal address of the signer and whether or not the address appears to be in the Town.  Those signatures which contain the above described information shall be counted for the purposes of the initial review.  Those signatures not containing the above described information shall not be counted as valid signatures.  In addition, the Town Clerk shall not count signatures of individuals in the following categories:  illegible address and signature, making it impossible to verify the location as being within the Town; in the event an individual signs the petition more than once, all signatures of said individual shall not be counted except one (1); and in the event of an incomplete address being given by the signer (i.e., omitted designation of street, avenue, drive, place or way) and in the event that a specific residence number can be applied to more than one (1) residence, said signature shall not be counted.  The Town Clerk shall have no obligation during an initial review to determine in fact if each signer is a registered elector.  (Ord. 415 §1, 1990)

Sec. 4-2-4.    Protest procedure.

All petitions shall be deemed and held to be sufficient by the Town Clerk if they appear to be signed by the requisite number of signers who are registered electors, unless a protest in writing under oath shall be filed with the Town Clerk by a qualified registered elector.

1. Such protest must be filed within fifteen (15) days after the petition is filed.
2. The protest must set forth specifically the grounds of such protest.
3. The Town Clerk shall forthwith mail a copy of such protest to the persons named in such petition as representing the signers thereof, together with a notice fixing a time for hearing such protest not less than five (5) nor more than ten (10) days after such notice is mailed.
4. All hearings shall be held before the Town Clerk, and all testimony shall be under oath.
5. Such hearings shall be summary and not subject to delay and shall be concluded within thirty (30) days after such petition is filed.
6. The result of the hearing shall be forthwith certified to the persons representing the signers of such petition.
7. The finding as to the sufficiency of the petition may be reviewed by the Weld County District Court.  (Ord. 415 §1, 1990)

Sec. 4-2-5.    Insufficient petition.

In case the petition is not sufficient, it may be withdrawn by the person or a majority of the persons representing the signers of such petition and, within fifteen (15) days thereafter, may be amended and refiled as an original petition.  (Ord. 415 §1, 1990)

Sec. 4-2-6.    Sufficient petition.

When such petition is sufficient, the Town Clerk shall forthwith submit said petition, together with a certificate of its sufficiency, to the Board of Trustees at its next regular meeting.  The Board shall thereupon order and fix the date for holding an election, not less than thirty (30) days nor more than sixty (60) days after the date of the submission of said petition to the Board of Trustees.  If a regular election is to be held within ninety (90) days after the date of submission of said petition, the recall election shall be held as a part of said election.  (Ord. 415 §1, 1990)

Sec. 4-2-7.    Resignation of officer.

If such officer shall offer his or her resignation, it shall be accepted, and the vacancy caused by such resignation, or from any other cause, shall be filled as provided by law; but the person appointed to fill such vacancy shall hold his or her office only until the person elected at the recall election shall take an oath of office and submit a bond required by Section 2-2-4 of this Code.  If such officer shall not resign within five (5) days after the sufficiency of the recall petition shall have been sustained, the Board of Trustees shall make or cause to be made publication of notice for the holding of such election, and the same shall be conducted, returned and the result thereof declared in all respects as in the case of other Town elections.  (Ord. 415 §1, 1990)

Sec. 4-2-8.    Official recall ballot.

1. On the official ballot at such elections shall be printed, in not more than two hundred (200) words, the reasons set forth in the petition for demanding the officer's recall; and in not more than three hundred (300) words, there shall also be printed, if desired by him or her, the officer's justification of his or her course in office.  If such officer shall resign at any time subsequent to filing of the petition, the recall election shall be called notwithstanding such resignation.
2. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the words, "Shall (name of person against whom recall petition is filed) be recalled from office of (title of office)?"  Following such question shall be the words "Yes" and "No" on separate lines with a blank space at the right of each, in which the voter shall indicate, by marking a cross (X), his or her vote for or against such recall.
3. On such ballots, under each question, there shall also be reprinted the names of those persons who have been nominated as candidates to succeed the person 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 office.  The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office.  (Ord. 415 §1, 1990)

Sec. 4-2-9.    Result of election.

1. If a majority of those voting on said question of the recall of any incumbent from office shall vote "No," said incumbent shall continue in office.  If a majority shall vote "Yes," such incumbent shall thereupon be deemed removed from office upon the qualification of his or her successor.
2. If the vote in such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term, and a certificate of election shall be forthwith issued to him or her by the canvassing board.  In case the person who received the highest number of votes shall fail to qualify within fifteen (15) days after the issuance of a certificate of election, the office shall be deemed vacant and shall be filled according to law.  (Ord. 415 §1, 1990)

Sec. 4-2-10.    Nomination of candidates.

Candidates for the office may be nominated by petition, as provided by law, which petition shall be filed with the Town Clerk not less than fifteen (15) days before the recall election.  (Ord. 415 §1, 1990)

Sec. 4-2-11.    Recall after six months.

No recall petition shall be circulated or signed against any officer until he or she has actually held his or her office for at least six (6) months, unless he or she holds his or her office by virtue of appointment to fill a vacancy.  (Ord. 415 §1, 1990)

Sec. 4-2-12.    Second petition.

After one (1) recall petition and election, no further petition shall be filed against the same officer during the term for which he or she was elected, unless the petitioners signing such petition equal fifty percent (50%) of the ballots cast for that office at the last preceding regular Town election.  (Ord. 415 §1, 1990)