Recall Election
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Recall Election
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
Kennie- Posts : 66
Join date : 2011-10-21
Re: Recall Election
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."
Kennie- Posts : 66
Join date : 2011-10-21
Re: Recall Election
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."
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."
Kennie- Posts : 66
Join date : 2011-10-21
Re: Recall Election
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."
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."
Kennie- Posts : 66
Join date : 2011-10-21
Re: Recall Election
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
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
Kennie- Posts : 66
Join date : 2011-10-21
Re: Recall Election
Actual Florida State site on it. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0100/Sections/0100.361.html
Kennie- Posts : 66
Join date : 2011-10-21
Occupy Jacksonville :: Teams :: Planning Team :: Legal Team
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