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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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Proposition Number 79 - Recall of Public Officials

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A PROPOSITION

No. 79.

Introduced by Mr. Lovin of Maricopa County.

A Proposition Relative to Recall of Public Officers.

It is hereby proposed:

Every public officer in Arizona may be removed at any time by the legal voters of the State or of the electoral district from which he is elected. The procedure to effect the removal of such officer is as follows: A petition demanding the recall of said officer sought to be removed must be signed by twenty-five per centum of the qualified electors of said district, must contain a general statement of the grounds for which the removal is sought and must be filed with the officer with whom a petition for nomination to such office shall be filed. The required percentage of signers is to be based upon the entire vote at the last preceding general election for all the candidates for the office the incumbent of which is sought to be removed. The signatures to the petition need not all be appended to one paper, but each signer must add to his signature his place of residence. One of the signers of each paper is required to make oath before an officer competent to administer oaths, that the statements therein made are true, and that the signatures are genuine. 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 the petition is filed, a special election shall be ordered to be held within twenty days in his said electoral district to determine whether the qualified electors will recall said officer. On the sample ballots at said election shall be printed briefly the reasons for demanding the recall of said officer as set forth in the recall petition, and briefly the officer’s justification of his course in office. He shall continue to perform the duties of his office until the result of said special election shall be officially declared. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, his name shall be placed on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said special election. The candidate receiving the highest number of votes is to 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 said successor shall not qualify, the said office shall be declared vacant and may be filled as provided by law. 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 Legislative Assembly at any time after five days from the beginning of the first session after his 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 special election expense, the whole amount of its expenses for the preceding special election. The Legislature shall have the power to pass such laws as may be necessary to carry the above provision into further effect.

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