Recall Election

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Recall Election

Post by Kennie on Wed Nov 02, 2011 1:33 am

I hope its not to forward of me to ask this, but do we have anyone with legal training that can help look into Recall Elections, especially at our local, city, and state level? I will try but I have no legal experience myself. Here is the wiki link http://en.wikipedia.org/wiki/Recall_election
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Kennie

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Re: Recall Election

Post by Kennie on Wed Nov 02, 2011 1:34 am

The recall of local elected government officials in Florida is governed by Fla. Stat. Ann §100.361. This statute applies to "cities and charter counties whether or not they have adopted recall provisions."
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Re: Recall Election

Post by Kennie on Wed Nov 02, 2011 1:34 am

http://ballotpedia.org/wiki/index.php/Laws_governing_recall_in_Florida
Who may be recalled?

According to Fla. Stat. Ann §100.36(1), "Any member of the governing body of a municipality or charter county, hereinafter referred to in this section as “municipality,” may be removed from office by the electors of the municipality."
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Re: Recall Election

Post by Kennie on Wed Nov 02, 2011 1:35 am

Features of the law

Commencement

A recall cannot begin until the targeted official has served at least one-fourth of his or her term in office.

Grounds must be given
See also: Whether grounds for a recall are required
Grounds for the recall must be provided. There are 7 allowable grounds. They are "malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, and conviction of a felony involving moral turpitude."

Initial signature requirement
See also: Florida signature requirements From the time that the recall petition is approved for circulation, signatures must be collected within 30 days.
Once signatures are collected, the designated chair of the recall committee that collected the signatures must present them to "the auditor or clerk of the municipality or charter county, or his or her equivalent."
The clerk who received the signatures must then "immediately" convey the signatures to the Supervisor of Elections for the county within which the recall is taking place. The Supervisor of Elections must then proceed to inspect the signatures; a process that is by the relevant statute confined to 30 days.
The group seeking the recall must pay to the county's supervisor of elections in advance "...the sum of 10 cents for each signature checked or the actual cost of checking such signatures, whichever is less."
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Re: Recall Election

Post by Kennie on Wed Nov 02, 2011 1:35 am

The signature requirement varies based on the number of registered voters in the jurisdiction.



Number of registered voters in jurisdiction

Signature requirement



Fewer than 500

50 registered voters, or 10%



500-1,999

100 registered voters, or 10%, whichever is greater



2,000-4,999

250 registered voters, or 10%, whichever is greater



5,000-9,999

500 registered voters, or 10%, whichever is greater



10,000-24,999

1,000 registered voters, or 10%, whichever is greater



25,000 or more

1,000 registered voters, or 5%, whichever is greater

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Re: Recall Election

Post by Kennie on Wed Nov 02, 2011 1:36 am

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