SB 387

Present law authorizes the registered voters of Madison C ounty to remove from office a local board of education member that is elected or appointed to fill a vacancy . This bill removes this provision and, instead, authorizes the registered voters of a jurisdiction from which a loca l official was elected to remove such local official from office by election . As used in this bill, a " local official "" means an elected member of a legislative body, mayor, sheriff, trustee, register, clerk, assessor of property, or member of a school boa rd. OPT-IN APPLICABILITY This bill provides that l ocal officials are subject to removal under this bill if the county, municipal, or metropolitan legislative body, as applicable, adopts this bill by a two-thirds vote of such legislative body. However, t his bill does not apply to an innovative school district . As used in this bill, an ""i nnovative school district "" means a local education agency ( LEA ) composed of schools serving students in any of the grades pre-kindergarten through 12, as training schoo ls operated by a public university that is approved by the department of education to operate an innovative school district . RECALL PROCESS This bill authorizes a person who resides within the geographic boundaries of the jurisdiction of which a local o fficial is sought to be removed to file a petition with the county election commission (""commission"") that demands the recall of the local official. Such petition must meet all of the following requirements:  The petition must be signed by registered voters who reside within the geographic boundaries of such jurisdiction equal in number to at least 66% of the total vote cast for that member in the last regular election. Each person signing the petition must sign the person's name, provide the date of signing, and provide the signer's place of residence.  The petition must contain a general statement of the grounds upon which the removal is sought.  A petition must include a sworn affidavit by the petition circulator stating the number of petition signers, that each petition signature is the genuine signature of the person whose name it purports to be, and that the signatures were made in the presence of the person swearing to the affidavit .  A separate petition must be filed for each local official sought to be removed. Within 15 days of receipt of the petition, this bill requires the commission to d etermine the sufficiency of the petition signatures. The commission must attach a certificate to the petition with the results. If the commission determines that the petition signatures are s ufficient, then this bill requires, within seven days of such determination, the commission to give notice of the filed petition by publication in a newspaper of general circulation and provide the grounds upon which removal of a local official is sought . However, if the commission determines that the petition is i nsufficient, then this bill authorizes the person who filed the petition to amend the petition within 10 days and file the amended petition with the commission. Within 15 days of receipt of an amended petition, the commission must make a sufficiency determination. If the amended petition is still deemed insufficient or if no amended petition is filed, then the commission must attach a certificate to the petition and return the petition to the person who filed the petition. If an amended petition is deemed sufficient, then the commission must provide notice as required for an approved petition as stated above. RECALL ELECTION I f the commission determines a petition is sufficien t, then this bill requires a commission to call an election on the question of whether to recall a local official . The election must meet all of the following requirements:  The question must only be posed to voters who are represented by the local official sought to be removed.  The question on the ballot must ask whether the local official should be recalled, and the voter must be provided the option to vote ""for recall"" or ""against recall.""  If 66% or more of those voting vote ""for recall, then the person named must be declared removed from office and the office must be declared vacant. A vacancy must be filled in accordance with the applicable law for the office.  No election for the purpose of recall may be held within 90 days before a regular election or within 90 days after."