Any elective official shall be subject to removal from office
for cause connected with his office at any time upon the filing of
a recall petition and the affirmative vote of a majority of those
voting on the question of removal at any general, regular municipal
or special election.
A recall petition shall demand the removal of a designated incumbent,
shall be signed by qualified voters equal in number to at least twenty-five
per centum (25%) of the registered voters of the town as of the last
general election, and shall be filed with the town clerk. It shall
set forth a statement of the cause upon which the removal is sought.
The signatures to a recall petition need not all be appended
to one paper but each signer shall add to his signature his place
of residence giving the street and number or other sufficient designation
if there shall be no street and number. One of the signers to each
such paper shall take an oath before an officer competent to administer
oaths that the statement therein made is true as he believes and that
each signature to the paper appended is the genuine signature of the
person whose name it purports to be. Within ten days from the date
of filing the petition the town clerk shall complete its examination
and ascertain whether or not such petition is signed by the requisite
number of qualified voters, and shall attach to the petition his certificate
showing the result of his examination. If by that certificate the
petition is shown to be insufficient it may be amended within ten
days from the date of said certificate. The town clerk shall, within
five days after such amendment, make a similar examination and determination
of the amended petition, and if the certificate shall show the same
to be insufficient, it shall be returned to the person filing it without
prejudice to the filing of a new petition to the same effect.
If the petition shall be sufficient the town clerk shall within
two days notify the mayor, councilman or councilmen whose recall is
sought thereby. If such notice cannot be served personally upon the
mayor, councilman or councilmen affected, service may be made by registered
mail addressed to the official's last known address. If within
five days after the service of the notice by the town clerk, the mayor,
councilman or councilmen sought to be recalled by such petition do
not resign, or having tendered their resignation it shall not have
been accepted by the town council, the town clerk shall order and
fix a date for holding a recall election not less than sixty nor more
than ninety days from the filing of the petition. Notice of the filing
of the petition and of the date of the election shall be posted for
public view in the office of the town clerk and he shall also insert
the notice forthwith in a newspaper published in the town, or if there
be no such newspaper, then in a newspaper having general circulation
in such town.
The ballots at the recall election shall conform to the requirements
respecting the election of the mayor and council, as provided in this
article or in Title 19 of the Revised Statutes (Elections), whichever
shall apply in the town in accordance with the provisions of this
act, except that the words "recall election" shall appear on the ballot.
The recall features of the ballot shall appear at the top thereof
and shall be separated from the portion of the ballot for the election
of officials by a heavy black line. The proposal for recall shall
be placed on the ballot in the following manner:
"Shall __________ (here insert name of incumbent) be removed
from office by recall?" This matter shall occupy two lines in boldface
type. Immediately below the above wording shall appear the phrase
"for recall", and immediately underneath such phrase the words "against
recall". Immediately at the left of each of these two phrases shall
be printed a square, in which the voter may make a cross (X) or plus
(+) or a check (√) mark. Immediately below the foregoing shall appear
the following: "Indicate your vote by placing a cross (X) or plus
(+) or a check (√) mark in one of the squares above."
If the removal of more than one official is sought the same
provisions for submitting to the electors the question and direction
hereinbefore described shall be repeated in the case of each official
concerned and their position on the ballot for their recall shall
be in the order of the filing of the petition with the town clerk.
The same ballot used for submitting the question or questions
of recall shall be used for the election of a successor to the incumbent
sought to be removed and immediately under the black line following
the recall question shall appear the phrase "Nominees for successors
of __________ (here insert name of incumbent) in the event he is recalled."
The names of all persons nominated as successors shall be placed upon
the ballot in the same manner provided for other elections of municipal
officers in the town.
The town clerk shall cause to be made due publication of notices
of arrangements for holding all recall elections and they shall be
conducted as are other elections for municipal officers in the town.
Except as otherwise provided in this article, the recall election
shall be conducted in the same manner as provided by general law for
regular municipal elections.
(a)Â
If a majority of votes in connection with the recall of any official
be in favor of the recall, the term of office of such official shall
terminate upon the certification of the results of election by the
town clerk.
(b)Â
If the results of such recall election shall, by the certificate
of the town clerk, be shown to be against the recall of the official,
he shall continue in office as if no recall election had been held,
and the vote for the election for the successor of such official taken
at the time of such attempted recall shall be void.
If the office of the incumbent shall become vacant either by
his resignation or by the result of the recall election, his successor
shall be the nominee receiving the greatest number of votes at the
recall election. The person so elected shall serve for the remainder
of the unexpired term.
