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Session 15858: 1910-10-24 09:00:00

The Convention considers Propositions Number 84 to 90, which are read the first time and referred to the Committee on Printing. Propositions Number 22, 24, 26, 29 to 34, 36, 37, 39, 42, 49, 53, and 56 are read a second time. The Committee on Finance presents a report, which is adopted.

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Proposition Number 24 - Recall

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A PROPOSITION

No. 24.

A Proposition Relative to the Recall.

Introduced by Mr. Osborn of Maricopa County.

It is hereby proposed:

That, the holder of any elective office in the State of Arizona may be removed at any time by the electors qualified to vote for a successor of such incumbent. A petition demanding said officer’s recall shall be filed with the proper authority. Said petition to contain at least twenty-five per centum of the entire vote cast at the last preceding general election for all candidates for the office, the incumbent of which is sought to be removed. The general grounds for such demand shall be set forth in such petition. The signatures to said petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving street and number should he reside in a town or city. One of the signers of each such paper shall make oath before an officer competent to administer oaths, that the sentiments therein contained are true, and that each signature is the genuine signature of the person whose name purports to be thereunto subscribed.

The recall petition shall be filed with the officer with whom a petition for nomination to such office shall be filed, and the same officer shall order this special election when required.

If the officer against whom the recall petition is directed shall resign his resignation shall become effective immediately and the vacancy thereby caused filled according to law. If he shall not resign within five days after the filing of said petition a special election shall be ordered to be held within forty days thereafter to determine whether or not the people shall recall such officer.

On the ballot at said election shall be printed in not more than two hundred and fifty words the reason for demanding said officer’s recall as set forth in the recall petition, and in not more than two hundred and fifty words, the officer’s justification of his course in office. Other candidates for the office may be nominated to be voted for at said special election. The candidate receiving the highest number of votes shall be declared elected for the remainder of the term, whether he be the person against whom the recall petition was directed or another.

Said petition shall be examined by the proper official within ten days form the date of filing to ascertain whether or not said petition is signed by the required number of qualified electors, and he shall attach to said petition his certificate showing result of said examination.

No recall petition shall be circulated against any officer until he has actually held his office for at least five months, except members of both houses of the Legislature against whom the recall petition may be filed within five days, after beginning of first session after their election.

After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless such further petitioners shall first pay into the public treasury which has paid such election expenses, the whole amount of expenses for the preceding special election.

Any special election ordered, held and conducted under this provision shall be ordered, held and conducted and the result thereof made and declared in the same manner as provided by law for other elections.

The Legislature shall enact suitable legislation to carry out the provisions of this article.

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