Agenda - 09-14-1993 - No Item Number

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(f) Upon a determination that a sufficient recall petition has been submitted, the Board of Elections shall order and fix a date for holding a recall election. Subject to the remaining provisions of this subsection, any such election shall be held not less than 50 nor more than 70 days after the petition has been certified as being sufficient. If any other general or special election is scheduled within such period, the Board of Elections shall schedule the special election at the same time. If the provisions of general law prohibit the holding of special elections during the time aforesaid, and no general or special election is otherwise scheduled during said period of time, then the Board of Elections shall schedule said special recall election for some date within 10 days after the last day of said period of time during which special elections are prohibited by general law. Notwithstanding the other provisions of this subsection, no recall election shall be scheduled during the time period beginning on the first Monday in July and ending on the last Monday in August in any calendar year. If the 50- to 70-day time period during which an election is to be scheduled falls completely within the time period beginning on the first Monday in July and ending on the last Monday in August, the recall election shall be postponed and shall be scheduled within 10 days after the last Monday in August, unless otherwise prohibited by general law, in which case said election shall be scheduled within 10 days after the last day of said period of time during which special elections are prohibited by general law. If the 50- to 70-day time period during which an election is to be scheduled falls partially but not completely within the period from the first Monday in July to the last Monday in August. a recall election shall be scheduled during the time period either before the first Monday in July or after the last Monday in August which otherwise complies with the 50- to 70-day requirement unless otherwise prohibited by general law, in which case said election shall be scheduled within 10 days after the last day of said period of time during which special elections are prohibited by general law or this charter. (g) The Orange County Board of Elections shall cause legal notice of the election to be published and shall make all arrangements for holding such election in accordance with general law, and the same shall be conducted, returned, and the results thereof declared in all respects as other town elections in the Town of Carrboro. The reasonable costs of such election shall be reimbursed to the Board of Elections by the town. (h) The question of recalling any number of officials may be submitted at the same election, but, as to each such official, a separate petition shall be filed and there shall be an entirely separate ballot. (i) The ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name and title of official) Against the recall of (name and title of official). (j) If a majority of the votes cast on the question of recalling an official be against recall, the official shall continue in office for the remainder of the unexpired term, but, except as provided by subsection (1) of this section, subject to the recall as before. If a majority of such votes be for the recall of the official designated on the ballot, the official shall. regardless of any defects in the recall, petition, be deemed removed from office. (k) If an official is removed from office as a result of a recall election, the vacancy so caused shall be filled in the manner provided by this charter for filling vacancies in such office, or if not provided by this charter, in the manner provided by general law. An official removed from office by the voters as a result of a recall election shall not be appointed to fill the vacancy caused by his own removal or resignation. Page 6 Senate Bill 809