Citations Affected: IC 5-8-7; IC 36-8-3.5-7.
Synopsis: Recall of elected and appointed officials. Establishes a
procedure for the recall of a person who holds a state, legislative, local,
or school board office (other than a justice, judge, or prosecuting
attorney) or who is appointed to an office of the state or a political
subdivision. Requires that a recall petition must be signed by at least
10% of the registered voters in the jurisdiction served by the official (or
at least 10% of the total votes in the last election for secretary of state
if the official holds an elected state office). Removes an officeholder
if: (1) at least 60% of the votes cast; or (2) a majority of the registered
voters in the election district; vote for the recall. Specifies that a
commissioner of a police and fire merit commission may be removed
by the recall procedure under current law.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Elections and
Apportionment.
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
entire state, a recall petition must comply with the following:
(1) The petition must be signed by at least the number of
voters equal to ten percent (10%) of the total votes cast at the
last election for secretary of state.
(2) At least one percent (1%) of the minimum number of
voters that must sign the petition under subdivision (1) must
come from each of five (5) different counties, and not more
than fifty percent (50%) of those signing the petition may
come from any one (1) county.
(d) The sponsor of the recall petition must file the recall petition
with the officer who received the application for a certified recall
petition in section 5 of this chapter not later than noon:
(1) one hundred twenty (120) days before a primary election;
or
(2) June 30 before a general or municipal election.
Sec. 8. The officer who received a recall petition under section
7 of this chapter shall determine if the required number of
registered voters has signed the petition by examining the
registration records of the circuit court clerk or board of
registration of each county in which the election district or political
subdivision is located.
Sec. 9. Not later than noon thirty (30) days after the petition is
filed under section 7 of this chapter, the circuit court clerk or
secretary of state shall do one (1) of the following:
(1) Determine that the petition complies with section 7 of this
chapter and certify the recall petition.
(2) Deny certification and require the petition's sponsor to
make specific amendments to the petition to comply with
section 7 of this chapter before granting certification.
Sec. 10. (a) If the officer who received a recall petition denies
certification of the recall petition under section 9 of this chapter,
the officer shall notify the petition's sponsor immediately by
certified mail.
(b) The petition's sponsor may file an amended recall petition
not later than noon five (5) days after the sponsor receives the
notice provided under subsection (a).
(c) If the amended recall petition satisfies the requirements of
section 7 of this chapter, the officer who received the amended
recall petition shall certify the amended recall petition not later
than seventy-four (74) days before a primary, general, or
municipal election. A certified amended recall petition shall be
treated as a certified petition for purposes of this chapter.
official as the name appeared on the certified recall petition)
be recalled from the office of _________________________
(insert the title of the office as the title appeared on the
certified recall petition)?".
Sec. 16. (a) If the number of votes described in subsection (b)
are cast in the affirmative on the question under section 15 of this
chapter, the person is removed from office when the public
question is declared approved:
(1) under IC 3-12-4-9;
(2) under IC 3-12-5-2; or
(3) by the secretary of state if a person holding a state office
is subject to a recall election.
(b) In order to remove a person from office under this chapter,
either:
(1) sixty percent (60%) of the votes must be cast; or
(2) a majority (without regard to the percentage of votes cast)
of the registered voters in:
(A) the election district of an elected official; or
(B) each precinct wholly or partially located in the political
subdivision of an appointed person;
must vote;
in the affirmative on the question under section 15 of this chapter.
(c) If the person resigns or is removed from office under this
chapter, the person may not be selected or elected to fill the
vacancy created by the resignation or removal, regardless of any
law to the contrary.
Sec. 17. If a majority of the votes cast on the question under
section 15 of this chapter are in the negative, the following apply
during the remainder of the term of office or appointment of the
official subject to the recall election:
(1) The official subject to the recall election may not be
subject to another recall election.
(2) The officer who received the recall petition may not certify
another recall petition for the recall of the official.
Sec. 18. An elected office vacancy resulting from a recall
election shall be filled under IC 3-13.
days by the appointing or electing authority. The selection is for the
remainder of the unexpired term.
(c) A commissioner serves at the pleasure of the appointing or
electing authority and may be removed at any time. In the case of a
commissioner elected by the department, the safety board shall call a
meeting of the active members of the department under the procedures
specified in section 4 of this chapter if a recall petition signed by a
majority of the active members is submitted to the board. A recall
petition submitted under this section is not subject to IC 5-8-7.