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Show information so t at entire proposed Utah Recall and Advisory Recall Act for your in the great effort to secure action by then you and We its the know truth. reading encourage you may the necessary signatures on the petition. We are printing the WHEREAS, the legislature has failed to enact proposed recall legislation; WHEREAS, the Utah State Constitution, Article I, Section 2 states, All political power is and they have the right to alter or reform their government as the inherent in the people public welfare may require (emphasis added); WHEREAS, nothing in the State Constitution prohibits recall enactment; WHEREAS, the Utah State Constitution, Article I. Section 25 specifically states. This enumeration of rights shall not be construed to impair or deny others retained by the people'; -WHEREAS, the Utah State Constitution, Article VI. Section 1 and UC A 20-- 1 1 1 provides that the people of this State may, by initative and ballot, be vested with legislative power, and WHEREAS, public events in this country and state have demonstrated a need to make public officials directly answerable to the people. THEREFORE, we the people of Utah, being legal voters, enact the following: RECALL AND ADVISORY RECALL ARTICLE I. PETITION AND ELECTION PROCEDURES Section 1 . This act shall be known and cited as the Utah Recall and Advisory Recall Act. Section 2. Every public officer holding a public office, either by election or apdispointment, is subject to recall from such office by the registered voters of the electoral trict from which candidates are elected or appointed to that office. Such electoral district may include the whole state. Any reason causing the voters dissatisfaction with that public official shall be sufficient grounds for recall, notwithstanding his good faith attempts to perform the duties of his office. A number of registered voters equaling in number at least for elected county officers, ten percent (10) for elected state officers, twelve percent ( 1 and fifteen percent (15) for elected town and city officers of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies may, by recall petition, demand his recall. A number of registered voters equaling in number at least ten percent (10) for appointed state officers, twelve percent for appointed town and city (12) for appointed county officers; and fifteen percent (15) officers of the registered voters at the last general election held in the electoral district from which said officer was appointed may, by petition demand his recall. Section 3. This procedure for removal is cumulative and additional to, rather than a replacement for, other methods for removal of public officers. Section 4. A recall petition shall not be circulated against any officer until he has held office for six months, except that a petition for recall may be filed against a member of the legislature at any time after five days (5) from the beginning of the first session after his election. After one recall petition and election, no further recall petition shall be filed against the same officer within a period of two years during his term of office, unless the petitioners exsigning the petition first pay into the public treasury from which such recall election penses were paid all expenses of the preceding recall election. Section 5. A recall petition shall contain a general statement of not more than two hundred words stating the grounds for the recall. The general statement setting forth the grounds for recall may be for any reasons causing the voters dissatisfaction with that public official, notwithstanding his good faith attempts to perform the duties of his office and is solely for the information of the voters and may be for political rather than legal reasons. The petition shall be filed with the office of secretary of state if for a state officer, with the county clerk if a county officer, with the town clerk or city recorder if a municipal officer. If the boundaries of the electoral district from which an officer is being recalled cross county lines, the petition shall be filed with the office of secretary of state. An action to recall is commenced upon filing if it contains the proper number of qualified registered voter signatures. Section 6. No petition for recall may name more than one officer to be recalled. Section 7. The form of the recall shall be substantially as follows: 2) RECALL PETITION Secretary of State for the State of Utah (or County, Utah). We, the undersigned citizens county, town or city, State of Utah) , be respectfully demand that holding the office of recalled for the following reasons, to wit: (setting out the reasons for recall in not more than 200 words): that a special election therefore be called; that we, each for himself , say, I have personally signed this petition; I am a registered voter of the State of Utah; my residence and post office address are correctly written after my name. The signatures on each petition shall be placed on sheets of paper known as inches wide. circulation sheets, substantially fourteen inches long and eight and one-ha- lf lf Such circulation sheets shall be ruled with a horizontal line one and one-hainches from the be for blank line The shall thereof. and shall remain the purpose of such above space top binding. The circulation sheet shall be vertically divided into two columns. The first column shall be three and one-ha- lf inches in width, measured from the left edge of the sheet, and shall be for the purpose of containing the signatures. The second column shall encompass the remainder of the width of the sheet and shall be tne space on which shall be placed the post office address of the signers, together with the street number, if the residence of a signer can be so designated, and the address of such signer shall be opposite his name on the same line. At the top of each sheet, under the one and one-ha- lf inch margin, shall be printed the word "Warning", under which shall be printed in eight-poitype, single leaded, the To the honorable county clerk, or city recorder of and voters of the State of Utah (or of , nt following: It is a felony for any one to sign any petition for recall with any name other than his own, or to knowingly sign any petition more than once for the same measure, or to sign such petition when such person knows that he is not a registered voter. Each sheet shall contain, under said printing, twenty-fiv- e (25) horizontally ruled lines, three-eighof an inch apart. Upon the back of each circulation sheet containing signature or signatures of the registered voter shall be verification by the person circulating the sheet, ts as follows: "I, being first duly sworn, say, that every person who signed this sheet of the foregoing petition signed in my presence and that I am informed and believe that each stated his correct name, address and residence, that each is a registered voter of the State of Utah and County of (or of county, town or city, State of Utah.) (Signature) (Post Office Address) 19 Subscribed and sworn to before me this day of Public Notary Residin9 at (Notary Seal) divided into sections, each Section 8. The petition, for purpose of circulation, may be No section, however, shall be section to contain not more than fifty circulation sheets. thereof a certified petition circulated for signatures, unless it has attached to the front sheet for petition copies the number of seccopy The sponsors shall set out in their application number of circulation tions into which each petition is to be divided for circulation, and the no sheets which it is desired that each section shall contain, but there need be uniformity as in sections. the to the number of circulation sheets contained if Section 9. The forms prescribed in this act are not mandatory, and substantially followed, the petition shall be sufficient, notwithstanding clerical and merely technical errors. Section 10. Every person who is a registered voter of this state may sign a petition for recall. Any person signing any name other than his own to any petition, or knowingly signor who is not at the time of signing the same a ing his name more than once for the recall, of registered voter, or any officer or person knowingly and willfully violating any provision in or the State not exceeding $500, by imprisonment this section, shall be punished by a fine such fine and imprisonment. or both two not by Prison years, exceeding 1 1 n addition to the verification, the county clerk of any county in which such a Section voters within such county petition is signed shall compare the signatures of the registered if the signatures are satisfied in file such clerks office, and, with registration signatures on a if genuine, certify that fact to the secretary of state, the petition is to recall state officer, to or or town to recorder the a city the county clerk if the petition is to recall county officer, clerk, if the petition is to recall a municipal officer, as follows: ) State of Utah . ) County of To the honorable recorder or town clerk ss. ) Secretary of State of the State of Utah (or city the County of ): clerk in and for I, County, do hereby certify that I have sheets (specifying number of sheets) of the petition for compared the signatures on recall attached hereto, with the signatures of the registered voters as they appear upon the registration forms, books and records of my office, and from such i nformation as I have been are genuine. As to the remainder of able to obtain believe the signatures, numbering I believe the signatures thereon, they are not genuine, except that the following names on not do the ( ) appear registration forms, books and records in my office. in I (signed) Clerk of the District Court By (Deputy) of (Seal Office) Every such certificate shall be prima facie evidence of the facts stated therein and of the qualifications of the registered voters whose signatures are certified, and the secretary of state, or county clerk, city recorder or town clerk shall consider and count only such signatures as are certified; provided, that the secretary of state, or city recorder or town clerk shall consider and count any remaining signatures of the registered voters which prove to be genuine. The county clerk shall not retain any petition or any part of it for more than fifteen (15) days. At the expiration of such period the county clerk shall deliver the same to the person from whom it was received with such clerk's certification. Section 12. If the secretary of state, county clerk, or city recorder: or town clerk refuses to accept and file any petition for recall with the proper number of signatures of registered voters, any registered voter may within ten (10) days after such refusal apply to the District court for a writ of mandamus, or State Supreme Court for state officers. If it is determined that such petition is sufficient, the secretary of state, county clerk, or city recorder or town clerk, as the case may be, shall be ordered to file the petition with a certified copy of the writ attached thereto, as of the date when it was originally offered for filing. On a showing that any filed petition is not sufficient, the court may enjoin the secretary of state, county clerk, or city recorder or town clerk and all other officers from certifying or printing on the official ballot the ballot title and numbers of such measure. All such suits shall be advanced on the court docket and heard and decided by the court as expeditiously as possible. Any aggrieved party file an may appeal within ten (10) days after any adverse order or decision as provided by rule 73. Utah Rules of Civil Procedure. Section 13. If the officer named in the petition for recall submits in writing such officers resignation, it shall be accepted and become effective the day it is offered. The vacancy created by such resignation shall be filled as provided by law. If the officer named in the petition for recall fails to resign within five (5) days after the petition is filed, a special election shall be proclaimed by the governor in accordance with Section in the case of a state officer or legislative member, or by the county clerk in the case of a county officer or by city recorder or town clerk in the case of a municipal officer to determine whether the officer shall be recalled. 20-1-- 4, -ii ia meu snail immeuiaieiy "'hi give written notice to the person against whom it is filed. The notice shall state that a recall petition has been filed, shall set forth the grounds thereof, and shall notify the person to whom it is addressed that he has the right to prepare and have printed on the ballot a statement containing not more than two hundred (200) words defending his official con- f3llS t0 deliver the defensive statement to duC! h6 Pe?0n the officer giving notice within en (10) days thereafter, his statement shall not be on the ballot, and shall be conprinted sidered waived. -- r.B uccmmcu necaimauoi , ana ii snan hundred words the reason for demanding the recall of luTatZr m0rethan hundred (200) words the officer's office? justification for such sartinnQ 1"? Followin9 such arguments shall be printed the following instructions to the f tn the recal1, mark a cross in (x) the square at the right of yes or no" and immediatelyi thereunder the "Shall question (naming ' wordr-yJsanof ,he h9ht such shall d be printed the niftoS 'Tediately question of an inch in height, and at the ar) (316) . riaht of each word a a 3 6 n th ba"0t which the voter may indicate such voter's preference resultrofthe sDaiaipilCr named the Petition for recall shall continue in office until the are officially declared. r recal1 Shal1 be conducted and the results canvassed and certmedn afuesnerf60'008 LT6 w tw (2) three-sixteent- hs - MtfTV' Hn eleCti"S of can- the third day after ,he election t0 canvass the votes ,mmed,ately after the completion of the canvass, in the case of an ejection foTthe rpranf 8 Proclaim the result. If the election is for the un y Tyo,flcer of each county shall within four (4) days after such vassershal meet at |