2025 8 11 Work Session Packet website

Unverified text extraction. Check the original page for numbers, names, and layout.

(2) Each elector signing a recall petition shall add to his signature his occupation, his residence,
and the date of signing. Signatures on a recall petition may be on separate sheets but each
sheet shall have appended to it the affidavit 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 voters of the city.
(3) 1  A recall petition shall be tendered for filing to the McMinn County Commissioners of
Elections. Those persons filing a recall petition shall also file a cash bond with the McMinn
County Election Commission, equal to the cost of the proposed recall election. The cash bond
or the unused portion thereof shall be refunded to those persons if the recall petition is
determined to be invalid, the incumbent resigns before the Election Commission calls the recall
election, or before the election is held. If the vote for recall is successful and the named
incumbents are removed from office, the cost of the election shall become an obligation of the
City and the cash bond shall be refunded. The Election Commission shall examine the petition
to see whether it contains a sufficient number of apparently genuine signatures. The board may
question the genuineness of any signature or signatures appearing on the recall petition and if it
shall find that any such signature or signatures are not genuine, it shall disregard them in
determining whether the petition contains a sufficient number of signatures. It shall also
disregard any signature dated more than sixty (60) days before the date of the petition was
tendered for filing. The board shall eliminate any sheet of the petition which is not accompanied
by the required affidavit. The invalidity of any sheet of the petition shall not affect the validity of
the petition if a sufficient number of signatures remains after eliminating such an invalid sheet.
The board shall complete its examination of the petition within fifteen (15) days and shall
thereupon file the petition if valid or reject it if invalid.
(3) As soon as the Commissioners of Elections of McMinn County have accepted a recall petition
for filing, the chairman 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.
(4) If the incumbent against whom a recall petition is directed does not resign from his office within
ten days after notice of the filing of such petition shall have been given to him, the McMinn
County Commissioners of Elections shall arrange a recall election. If a regular or special
election is to be held not less than thirty days nor more than ninety days after the ten days have
expired, the recall question shall be placed before the voters at such an election. Otherwise a
special recall election shall be fixed for a date not earlier than thirty days nor later than ninety
days after the ten days have expired. The incumbent against whom a recall petition is directed
may resign at any time prior to the recall election and thereupon the election shall not be held.
(5) 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" in the question.
(6) If a majority of the registered voters who vote on the question at a recall election shall vote
"Yes," the incumbent shall be deemed recalled and removed from office, but if a majority of the
registered voters shall vote "No," he shall remain in office.
(7) No person who has been removed from an elective office by a recall election or who has
resigned from such an office after a recall petition directed to him has been filed, shall be eligible
for election or appointment to any office of the city within two years after his removal or
resignation.
(8) No recall petition shall be filed against any incumbent of an elective office within the first year or
the last six months of the term of his office or within six months after an unsuccessful recall
election against him but an officer who has been re-elected for a successive term shall be
114