City of Levelland, TX ARTICLE VII

§ I RECALL.

(A) The Mayor or any other member of the City Council may be removed from office in the following manner: Any qualified voter of the City may make and file with the City Secretary an affidavit containing the name of any member of the City Council whose removal is sought and a statement of the grounds for removal. The Secretary shall thereupon deliver to the voter making such affidavit copies of petition blanks for demanding such a removal, printed forms of which the Secretary shall keep on hand. Such blanks shall be issued by the Secretary with his/her signature thereto attached, and they shall be dated and addressed to the City Council, indicate the person to who issued, and state the name of the member whose removal is sought. A copy of the petition shall be entered in a record book for that purpose, to be kept in the Office of the City Secretary. A recall petition to be effective, must be returned and filed with the Secretary within thirty (30) days after the filing of the affidavit. Said petition must be signed by not less than ten percent (10%) of the qualified voters of the City of Levelland who are eligible to vote in elections for the filling of the office the holder of which is the subject of the recall petition.

(B) Signatures to a recall petition need not all be appended to one paper, but to each such petition are to be attached an affidavit of the circular thereof, stating that each signature thereto was made in his/her presence and is the genuine signature of the person whose name it purports to be. Each signer of a recall petition shall sign his/her name, the date when his/her signature was made, his/her place of residence by street and number, or other description to identify the place, his/her City Council District and his/her voter registration number. Recall petitions provided by the City Secretary shall be in form substantially as follows;

We, the undersigned, qualified voters who are eligible to vote in elections for the filing of the office the holder of which is the subject of this petition of the City of Levelland, hereby demand that the question of removing________from the City Council be submitted to a vote of the qualified voters.
Name	Address	City Council District	Voters Regist. Number	Date
THE STATE OF TEXAS
COUNTY OF HOCKLEY
, being duly sworn, deposes and says that he is the circulator of the foregoing petition and that the signatures appended thereto were made in this presence and are the genuine signatures of the persons whose name they purport to be.
SUBSCRIBED AND SWORN TO before me this ________ day of, 20________.
NOTARY PUBLIC, HOCKLEY COUNTY TEXAS

(C) All papers and affidavits comprising recall petitions shall be assembled and filed with the Secretary as one instrument, with a statement attached thereto giving the names and addresses of three (3) qualified voters who, as a committee of petitioners, shall be officially regarded as filing the petition. Within ten (10) days after the filing of a recall petition, the Secretary shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If the secretary shall certify that the petition is insufficient, he shall set forth in the certificate the particulars in which it is defective and shall at once notify the Committee of Petitioners of his finding.

(D) The finding of the insufficiency of a recall petition shall not prejudice the filing of a new petition for the same purpose.

(E) If a recall petition, shall be certified by the Secretary to be sufficient, he/she shall at once submit it to the City Council with his certificate to that effect and shall notify the member whose removal is sought of such action. If the member whose removal is sought does not resign within five (5) days after such notice, the City Council shall thereupon order and fix for holding a recall election. Any such election shall be held not less than forty (40) nor more than sixty (60) days after the petition has been submitted to the City Council, and it may be held at the same time as any other special election is held within such period, the City Council shall call a special recall election to be held within the time aforesaid.

(F) The question of recalling any number of members of said City Council shall be submitted at the same election, but as to each member whose removal is sought a separate petition shall be filed and there shall be an entirely separate ballot.

(G) The ballot used in a recall election shall submit the two following propositions in the order indicated: "For the recall of (name of Mayor or Councilmember,)" "Against the recall of (name of Mayor or Councilmember)."

Except as provided for in this section, ballots used in recall elections shall comply with the provisions of this Charter regarding ballots for a regular municipal election.

(H) If a majority of the votes cast on the question of recalling the Mayor or a City Councilmember be against recall, he shall continue in office for the remainder of his unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the officer on the ballot, he shall, regardless of any defects in the recall petition, be deemed removed from office.

(I) No recall shall be filed against the Mayor or any Councilmember within three (3) months after they take office or in the case of a Mayor or Councilmember subjected to a recall election and not removed thereby at least six (6) months after such recall election.

(As amended 5-5-1992)