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Requirements For Recall Elections And Vacancies

Concerning procedures relating to the replacement of elected officials.
2023 Regular Session
Elections & Redistricting
Bill Summary

Section 1 of the bill clarifies the affidavit of intent requirements for a write-in candidate in a partisan election.Section 2 requires that if the election of the successor is a partisan election, and the incumbent was affiliated with a political party when the incumbent was elected, only a person who is affiliated with the same political party may be nominated as a successor. If the incumbent was unaffiliated at the time the incumbent was elected, only a person who is unaffiliated may be nominated as a successor.Sections 3 through 8 Sections 1 through 6 clarify the procedure for filling a vacancy in the governing body of a municipality in the absence of a quorum of the body. When a vacancy occurs, the governing body shall appoint an eligible elector or call a special election within 60 days. If the governing body lacks sufficient members to reach a quorum, the clerk of the governing body is authorized to call a special election to fill any vacancies.Sections 9 through 11 Sections 7 through 9 make several changes to the requirements for municipal recall elections, including:

  • Requiring members of the committee designated to represent the signers of a recall petition to be registered electors residing in the municipality;
  • Clarifying the number of signatures required for a recall petition for a person holding an office filled by more than one person;
  • Requiring signers to include their municipality and county with their address when signing a recall petition;
  • Clarifying the effect of disassembly of a recall petition;
  • Repealing requirements to send a copy of a protest to the county clerk and recorder and for the county clerk and recorder to prepare a list of registered electors for the protest;
  • Clarifying deadlines and processes for petitions and protests;
  • Requiring that nomination petitions for successors be circulated and filed within 20 calendar days after the date a recall election is set;
  • Clarifying procedures for voting by absentee ballot in recall elections;
  • Providing that if the incumbent is not recalled, the votes for a successor are not recorded and any unofficial results of the vote on a successor shall not be disclosed; and
  • Clarifying ballot requirements and election standards for a recall election in which more than one officer is sought to be recalled.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

  • All Versions (7 )
    Date Bill Type Documents
    04/17/2023 Signed Act PDF
    04/13/2023 Final Act PDF
    03/31/2023 Rerevised PDF
    03/30/2023 Revised PDF
    03/08/2023 Reengrossed PDF
    03/07/2023 Engrossed PDF
    02/08/2023 Introduced PDF
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