This amendment substantially revises the recall process for municipal officers by expanding eligibility, restructuring signature requirements based on electorate size, tightening timelines, adding detailed petition procedures, and authorizing the secretary of state to promulgate rules.
- Adds authorization for the secretary of state to promulgate rulemaking related to recall provisions. (Page 1, line 3)
- Expands recall eligibility to include appointed officers serving four-year terms, not just elected officers. (Page 1, line 12)
- Establishes a tiered signature requirement system based on the number of registered electors: 40% for municipalities with 2,500 or fewer registered electors; 25% for 2,500 to 10,000; and 15% for more than 10,000 registered electors. Also changes the calculation baseline from the officer's most recent election to the time the petition is filed. (Page 2, lines 1-14 and lines 16-32)
- Requires the secretary of state to prescribe the petition form and include a warning statement conforming to W.S. 22-24-311. (Page 2, after line 10 (new section (v)))
- Adds requirement that signers provide printed name and date of signature, and allows signers to withdraw their names by written notice to the clerk before the petition is filed. (Page 2, lines 8-16)
- Revises the circulator oath requirement to specify that the circulator must personally circulate the petition and attest that signatures were made in his presence. (Page 2, lines 17-24)
- Establishes a 180-day window for signature collection, with signatures collected outside this period not counted, and requires the first signature date to be attested by the circulator. (Page 3, after line 2 (new section (ix)))
- Changes verification timeline from 10 days to not more than 60 days, requires the county clerk to verify signatures using W.S. 22-24-314(b) standards and secretary of state rules, and mandates the governing body reimburse the county clerk for verification costs. (Page 3, lines 4-12 (new section (x)))
- Assigns signature verification responsibilities to the county clerk and requires the clerk to communicate results to both the city clerk and petitioner. (Page 3, lines 4-5 and 14-15)
- Allows petitioners whose petition is found insufficient but with sufficient time remaining to collect additional signatures without prejudice. (Page 3, lines 17-23 (new section (xii)))
- Restructures the election process: if a regular election occurs 90-120 days after the sufficiency certificate, places the recall on that ballot; otherwise, requires the governing body to call a special election 90-120 days after the sufficiency certificate, with costs borne by the governing body. (Page 4, lines 1-47 (new sections (xiii) and (xiv)))
- Changes the ineligibility period for the recalled officer from the next election to the end of that officer's current term. (Page 4, lines 9-21)
- Adds explicit prohibition that a recalled officer cannot fill the vacancy created by their own recall. (Page 4, lines 22-27)
- Authorizes the secretary of state to promulgate rules necessary to implement recall provisions, including petition form, signature verification procedures, and recall election administration. (Page 4, after line 23 (new subsection (c)))
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