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Session 15965: 1910-11-01 09:00:00

The Committee on Legislative Department's reports on Propositions Number 98, 94, 57, 62, 80, 47, 30, 33, and 14. The Committee on Federal Relations reports on Propositions Number 2, 3, and 99. The Committee on the Executive Department reports on Propositions Number 18, 120, 24, and 79. The Committee of the Whole reports on the Committee on Federal Relations' report on Proposition Number 99. The Convention indefinitely postpones Propositions Number 120, 24, 79, and 99.

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Substitute Proposition Number 18 - Recall of Public Officers

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SUBSTITUTE PROPOSITION

No. 18.

Introduced by Committee on Executive, Impeachment and Removal from Office.

A Proposition Relative to Recall of Public Officers.

IT IS HEREBY PROPOSED:

Section 1. Every public officer in the State of Arizona, holding an elective office, either by election or appointment, is subject to recall by the qualified electors of the State, or of the electoral district from which he was elected.

Section 2. A petition demanding a recall of any such officer in any district shall require the signatures of twenty-five per centum, but not more, of the number of electors, who voted in his district at the last preceeding general election for all of the candidates for the office held by the incumbent.

Section 3. Said recall petition must contain a general statement of the grounds of such demand, and must be filed in the office in which a petition for nomination to the office held by the incumbent is required to be filed. The signatures to the petition need not all be on one sheet of paper, but each signer must add to his signature the date of his signing said petition, and his place of residence, giving his street and number, if any, should he reside in a town or city. One of the signers of each sheet of such petition, or the person circulating same, is required to make and subscribe an oath on the face of said sheet before a competent officer, that the statements therein made are true, and that the signatures are genuine.

Section 4. If said officer shall offer his resignation it shall be accepted, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after a petition is filed, a special election shall be ordered to be held, not less than twenty, nor more than thirty days thereafter, to determine whether such officer shall be recalled. On the ballots at said election shall be printed in not more than two hundred words the reasons as set forth in the petition for demanding his recall, and in not more than two hundred words the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of said election shall be officially declared.

Section 5. Unless he otherwise requests, in writing, his name shall be placed as a candidate to succeed himself on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said election. The candidate who shall receive the highest number of votes, shall be declared elected for the remainder of the term. Unless the incumbent receives the highest number of votes, he is deemed to be removed from office, upon qualification of his successor. In the event that his successor is not qualified within five days after the result of said election shall have been declared, the said office shall be vacant, and may be filled as provided by law.

Section 6. No such petition shall be circulated against any officer until he has actually held his office for a period of six months, save and except that it may be filed against a senator or representative in the legislature at any time after five days from the beginning of the first session after his election. After one such petition and 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, all expenses of the preceding election.

Section 7. The general election laws shall apply to recall election, in so far as applicable. Laws necessary to facilitate the operations of the provisions of this article, shall be enacted, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer.

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