Tuesday, July 17, 2007

City Code, Recall Petition

Chapter 4.46 RECALL

4.46.010 Removal by recall.

4.46.020 Recall petition.

4.46.030 Referendum election.

4.46.040 Special election.

4.46.050 Inaction on recall resolution.

4.46.060 Effect of recall.

4.46.070 Expenses.



4.46.010 Removal by recall.

Any member of the City Council may be recalled and removed from office pursuant to City Charter Article II, Section 9 and according to the following procedures. (Ord. O-16-97 § 1 (part))



4.46.020 Recall petition.

A. In the case of a Mayoral recall, thirty per centum or more of all persons who were qualified to vote in City of Annapolis’ previous general election, or in the case of Aldermanic recall, then thirty per centum or more of all persons who were qualified to so vote in the ward represented by the Alderman who is the subject of the recall, may initiate the removal from office of an incumbent elected official by a recall petition presented to the City Council. The recall petition shall clearly state its purpose and shall meet the requirements of this section.

B. The recall petition shall:

1. Be on white paper, being no more than eight and one-half inches in width and fourteen inches in length, and having top, side and bottom margins of at least one and one-half inches;

2. Be one page in length, front only;

3. Be captioned and titled “recall petition, elected official” in sixteen point bold print;

4. Set forth in thirteen point bold print the following text:

“The undersigned voters of the City of Annapolis (for Aldermanic recall, insert ward number here), petition to a referendum of all voters of the City of Annapolis (for Aldermanic recall, insert ward number here) the recall and removal from office of the following elected official: (name of official and office held here). This petition is made in accordance with Annapolis City Code, Chapter 4.46.”;

5. Contain the name and office of the official proposed to be recalled, but otherwise refer to no other elected official;

6. Contain reasons for the proposed recall;

7. Provide for voters’ signatures below the referenced text as follows: no more than twenty-five signatures per page; every signature on the petition shall also include the person’s printed name, address and the ward in which the person is registered as a voter; and

8. Contain on every page, an affidavit signed under penalty of perjury, to the effect that the signatures are, to the affiant’s knowledge, information and belief, genuine and bona fide, and that each person is a registered voter of the City as set forth in the petition, and that the affiant personally saw each person sign the page.

C. Upon receiving a recall petition, the City Council shall verify that each person who signed the petition is qualified to vote in city general election as set forth in subsection 4.46.020(A), and shall consider the petition as of no effect if it is signed by fewer than thirty per centum of the persons who are qualified to sign the petition as described in that subsection.

D. If the petition complies with the requirements of this section and is signed by the required number of voters, the City Council shall by resolution passed as in its normal legislative procedure not later than thirty days after the petition shall have been presented to it, declare that the requirements of this section have been satisfied and that accordingly a referendum election will be held at which the question of whether the official who is the subject of the petition should be recalled and removed from office shall be submitted to the voters of the entire city in the case of a Mayoral recall and the voters of the applicable ward in the case of an Aldermanic recall. The resolution shall further specify the day, hours and polling location(s) for the referendum election which shall be within a period of not less than forty days nor more than sixty days after the adoption of the resolution. The resolution shall specify the exact question which is to be placed on the ballot or voting machines when the recall question is submitted to the voters. (Ord. O-16-97 § 1 (part))