Any person holding an elective office of the Borough, whether
by election or appointment to fill a vacancy, shall be subject to
removal from office at a recall election in the manner provided in
this article.
A.
The recall of an incumbent of an elective office shall be initiated
upon petition signed by the registered electors of the Borough at
large in number not less then 30% of the electors registered to vote
at the time of the last preceding general election. Every recall petition
shall name the office and officer against whom it is directed and
set forth the reason or reasons for the petition.
B.
Each elector signing a recall petition shall add to his signature
his occupation, his residence, his election district and the date
of signing. Signatures on a recall petition may be on separate sheets,
but each sheet shall have appended to the affidavit of some person,
not necessarily a signer of the petition, that to the best of the
affiant's knowledge and belief the persons whose signatures appear
on the sheet are registered electors of the Borough, that they signed
with full knowledge of the contents of the petition and that their
residences are correctly given.
C.
A recall petition shall be tendered for filing to the Board of Elections
having jurisdiction over elections in the Borough. No signature shall
be counted as valid which is dated more than 60 days prior to the
date the petition is tendered for filing. Upon tender to the Board
of Elections, the petition shall be available for examination by any
interested person. Within 15 days after tender of the petition, the
Board of Elections shall pass upon the validity of the petition and
the validity and sufficiency of signatures required thereon. The decision
of the Board of Elections shall be subject to immediate review on
appeal to the Court of Common Pleas.
As soon as the Board of Elections has determined the validity
and sufficiency of the recall petition, the Chairman of the Board
shall notify the incumbent named in the petition that the petition
has been filed. Upon receipt of such notice, the incumbent may resign
from his office, and thereupon the recall proceedings shall terminate.
A.
If the incumbent against whom a recall petition is directed does
not resign from his office within 10 days after receipt of notice
of the filing of such petition, the Board of Elections shall arrange
a recall election to be held on the date of the next primary or general
election, provided said election is at least 60 days from the date
of filing of the recall petition. The incumbent against whom a recall
petition is directed may resign at any time prior to the recall election,
and thereupon the election shall not be held.
B.
The following question shall be presented to each elector in a recall
election:
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"Shall (name of officer) be recalled and removed from the office
of (name of office)?"
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C.
The above question shall appear separately for every officer whose
recall is to be voted upon, and provision shall be made for the elector
to vote "Yes" or "No" on each question.
D.
If a majority of the registered electors who vote on the question
at a recall election shall vote "Yes," the incumbent shall be deemed
recalled and removed from office, but if a majority of such registered
electors shall vote "No," he shall remain in office.
E.
Should the result of such election be affirmative, the date of the
removal and vacancy in the office shall be seven days subsequent to
the date when the results of election are certified by the Board of
Elections, unless such date is further postponed by order of court.
No person who has been removed from an elective office by a
recall election or who has resigned from such an elective office after
a recall petition directed to him has been filed shall be eligible
for election or appointment to any office of the Borough within two
years after his removal or resignation.
No recall petition shall be filed against any incumbent of an
elective office within the first year or the last nine months of the
term of his office or within nine months after an unsuccessful recall
election against him.
