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§ 25.10-1004. Recall Elections.
If the incumbent against whom a recall petition is directed does not resign from his office within ten (10) days after notice of the filing of such petition shall have been given to him, the County Board of Elections shall arrange a recall election. If a regular or special election is to be held not less than thirty (30) days nor more than ninety (90) days after the ten (10) days have expired, the recall question shall be placed before the electors at such an election. Otherwise, a special recall election shall be fixed by such Board for a date not earlier than thirty (30) days nor later than ninety (90) days after the ten (10) days have expired. The incumbent against whom a recall petition is directed may resign any time prior to the recall election and thereupon the election shall not be held.
The following question shall be presented to each elector in a recall election:
Shall (name of officer) be recalled and removed from the office of (name of office)?
The above question shall appear as to every officer whose recall is to be voted upon and provision shall be made for the elector to vote Yes or No to the question.
If a majority of the registered electors who vote on the question at a recall election shall vote Yes, the incumbent shall be deemed recalled and removed from office; but if a majority of such registered electors shall vote No, he shall remain in office.
Should the result of such election be affirmative, the date of the removal and vacancy in the office shall be seven (7) days subsequent to the date when the results of election are certified by the County Board of Elections, unless such date is further postponed by order of the court.
District Council members shall be subject to recall only by registered electors of their respective district.
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