§ 41.9-906. Recall Election.

 A. If the cause set forth in the petition has not been demonstrated and proven, a recall election shall not be held. If the named Council Member or Mayor does not resign from office within thirty (30) days of the date of the decision of Council or a court of competent jurisdiction determining that the cause set forth in the petition has been demonstrated and proven, Council shall direct the Board of Elections of Montgomery County, Pennsylvania to schedule a recall election. The recall question shall be placed before the qualified voters of the district or the Borough at large, as the case may be, at the next primary, municipal or general election to be held not less than thirty (30) days nor more than one hundred and sixty (160) days after the aforesaid thirty (30) day period has expired. A recall election shall be held by special election as provided in the election laws of the Commonwealth of Pennsylvania. The named Council Member or Mayor may resign at any time prior to the recall election and thereupon the election shall not be held.

 B. The question to be presented to each qualified voter in the recall election shall be: ‘‘Shall (name of Council Member or Mayor) be recalled and removed from the office of (Council Member from the

Council district, Council Member at large, or Mayor) for cause demonstrated and proven?’’ A provision shall be made for the qualified voters to vote ‘‘Yes’’ or ‘‘No’’ on the question. If a majority of the qualified voters who vote on the question shall vote ‘‘Yes’’, the Council Member or Mayor shall be deemed recalled and removed from office. Otherwise, the elected official shall remain in office. The effective date of the removal from office shall be seven (7) days after the date of certification of the election results under the election laws of the Commonwealth of Pennsylvania.

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