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§ 1-12-100.5. Definitions

As used in this part 1, and for purposes of article XXI of the state constitution, unless the context otherwise requires: (1) “Approved as to form” means that the appropriate designated election official has reviewed the blank form of a petition and has approved the form as meeting the standards set forth in this article. […]

§ 1-12-101. Elected Officers Subject to Recall

Every elected officer of this state or any political subdivision thereof is subject to recall from office at any time by the eligible electors entitled to vote for a successor to the incumbent. The recall of any state officer shall be governed by the recall of state officers procedure set forth in this article. Source: […]

§ 1-12-102. Limitations

(1) No recall petition may be circulated or filed against any elected officer until the officer has actually held office for at least six months following the last election, or six months following the assumption of office by an appointed official; except that a recall petition may be filed against any member of the general […]

§ 1-12-103. Petition for Recall – Statement of Grounds

Eligible electors of the state or a political subdivision may initiate the recall of an elected official by signing a petition that demands the election of a successor to the officer named in the petition. The petition must contain a general statement, consisting of two hundred words or less, stating the ground or grounds on […]

§ 1-12-104. Signatures Required for State and County Officers

(1) A petition to recall a state or county officer shall be signed by eligible electors equal in number to twenty-five percent of the entire vote cast at the last preceding general election for all candidates for the office which the incumbent sought to be recalled occupies. (2) If more than one person is required […]

§ 1-12-105. Signatures Required for School District Officers

A petition to recall a school district officer shall be signed by eligible electors of the school district equal in number to at least forty percent of the entire vote cast at the last preceding election for all candidates for the school district director position occupied by the incumbent sought to be recalled. If no […]

§ 1-12-107. Designated Election Officials

(1) For state recall elections, the petition shall be filed with the secretary of state who shall review and approve as to form the petition for recall as provided in section 1-12-108 (4), certify the sufficiency of the petition, and notify the governor, who shall set the date for the election. The election must be […]

§ 1-12-109. Resignation

If an officer whose recall is sought offers a resignation, it shall be accepted and the vacancy caused by the resignation shall be filled as provided by law. The person appointed to fill the vacancy caused by the resignation shall hold the office only until the person elected at the recall election is qualified; except […]

§ 1-12-110. Call for Election – Cancellation of Recall Election

(1) If the officer whose recall is sought does not resign within five days after the sufficiency of the recall petition has been certified by the designated election official and the time for protest has passed, the designated election official shall call the election and set the election date as required by section 1-12-111; except […]

§ 1-12-111. Setting Date of Recall Election

(1) If the recall petition is held to be sufficient under section 1-12-108 (8)(c) and after the time for protest has passed and any such protest has been fully adjudicated, the designated election official shall wait five days to see if the incumbent resigns. If five days have passed and the incumbent has not resigned, […]

§ 1-12-111.7. Recall Election Notice – Publication

(1) For a recall election of a state officer, the governor and the secretary of state shall publish notice of the recall election on their websites. (2) For a recall election for an officer other than a state officer, the designated election official shall publish notice of the recall election on its website or in […]

§ 1-12-112. Ballots – Statement Included

(1) In addition to all other requirements of law, the official ballot must contain the statement described in section 1-12-103 stating the grounds for demanding the officer’s recall. The officer sought to be recalled may submit to the designated election official a statement of three hundred words or fewer justifying the officer’s course of conduct. […]

§ 1-12-113. Conduct and Timing of Recall Election

(1) Except as modified by this article, the recall election and election of a successor shall be conducted according to articles 1 to 13 of this title. (2) Except as otherwise provided in this part 1, for a recall election, all events in the uniform election code that are to be completed by the secretary […]

§ 1-12-115. Write-in Candidates

No write-in vote for any office shall be counted unless an affidavit of intent has been filed indicating that the person for whom the write-in vote is made desires the office and is legally qualified to assume the duties of the office if elected. The affidavit of intent must be filed with the designated election […]

§ 1-12-116. Sufficiency of the Recall

If a majority of those voting on the question of the recall of any incumbent from office vote “no”, the incumbent continues in office; if a majority vote “yes”, the incumbent is removed from office upon the qualification of the successor. If an even number of electors vote “no” and “yes” on the question of […]

§ 1-12-117. Nomination of Successor – Ballot Certification

(1) For partisan elections, a candidate to succeed the officer sought to be recalled must meet the qualifications of a party candidate or an unaffiliated candidate as provided in part 8 of article 4 of this title 1 and must be nominated by a political party petition or an unaffiliated petition as provided in part […]

§ 1-12-118. Election of Successor

(1) The election of a successor is held at the same time as the recall election. The names of those persons nominated as candidates to succeed the person sought to be recalled, except write-in candidates, shall appear on the ballot. The name of the person against whom the petition is filed shall not appear on […]

§ 1-12-118.5. Postelection Protest of Successor Candidate Qualification – Procedure

(1) (a) Within seventy-two hours after certification of results of a recall election conducted under this article, any elector who is registered in a political subdivision represented by an official subject to recall may file a protest using the procedures in section 1-1-113 alleging that the successor candidate who received the highest number of votes […]