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ARTICLE X:
Recall
Section
1001.  General
Any
person holding an elective office of the
Township government., whether by election,
succession, or appointment to fill a
vacancy, shall be subject to removal from
office at a recall election in the manner
provided in this Charter.
Section
1002. Recall
Procedures
A
reall of an incumbent of an elective
office shall be initiated upon petition
signed by thirty per cent (30%) of the
registered electors of the
Township-at-large, or of the district if
the incumbent is a district Council
member. Every recall petition shall name
the office and officer against whom it is
directed.
Each
elector signing a recall petition shall
add to his signature his occupation,
residence, election district, and the date
of signing. signatures on a recall
petition may be on seperate sheets, but
each sheet shall have appended to it the
affidavitt 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
Municipality, that they signed with full
knowledge of the contents of the petition,
and that their residences are correctly
given.
A recall
petition shall be tendered for filing to
the county Board of Elections. No
signature shall be counted as valid which
is date more than sixty (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 fifteen (15) days after the tender
of the petition, the Board of Elections
shall have the authority to pass upon the
validity of the petition and upon validity
and number of signature required thereon.
The decision of the Board of Elections
shall be subject to immediate review on
appeal to the Court of Common
Pleas.
Section
1003. Notice
to Incumbent
As
soon as the County Board of elections has
received a recall petition for filing and
determined its validity and sufficiency,
the chairperson 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.
Section
1004. Recall Elections
If the incumbent against whom a recall
petition is directed does not resign from
his office within ten (10) days after
notice of the filing of such petition
shall have been given to him, the County
Board of elections shall arrange recall
election. If a regular or special election
is to be held not less than thirty (30)
days nor more than ninety (90) days after
the ten (10) days have expired, the recall
question shall be placed before the
electors at such an election. Otherwise, a
special recall election shall be fixed by
such Board for a date not earlier than
thirty (30) days nor later than ninety
(90) days after the ten (10) days have
expired. the incumbent against whom a
recall petition is directed may resign any
time prior to the recall election and
thereupon the election shall not be
held.
The
following question shall be presented to
each elector in a recall
election:
"Shall
(name of officer) be recalled and
removed from the office of (name of
office)?"
The above
question shall appear as to every officer
whose recall is to be voted upon and
provision shall be made for the elector to
vote "Yes" or "No" to the
question.
If a
majority of the registered voters whose
vote on the recall election shall "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.
Should the
result of such election be affirmative,
the date of the removal and vacancy in the
office shall be seven (7) days subsequent
to the date when the results of the
election are certified by the County Board
of Elections, unless such date is further
postponed by order of the
court.
District
Council members shall be subject to recall
only by registered electors of their
respective district.
Section 1005.
Disqualification for Office
No person who has been removed from
an elective office by 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 (Township) Government within two (2)
years after his removal or
resignation.
Section 1006.
Limitations
No recall petition shall be filed against
any incumbent of an elective office within
the first (1st) year or the last nine (9)
months of the term of his office or within
nine (9) months after an unsuccessful
recall election againstthem but no officer
who has been re-elected for a successive
term shall be subject to reall also during
the first (1st) year of such
term.
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