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Reply #8: Found the answer: [View All]

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dmr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-04-11 03:12 PM
Response to Reply #7
8. Found the answer:
Senate bill 153 is the basis for the recall:

Clarity Hearing: The First Step

The reasons for the recall developed by the recall petition sponsor must be submitted for a clarity determination before the recall petition is placed in circulation. The clarity determination is rendered by the County Election Commission established in the county where the officer resides. The County Clerk, County Treasurer and Chief Judge of Probate serve on the County Election Commission.

The recall sponsor submits the reasons to the county clerk. The individual submitting the recall language must be registered to vote in the electoral district represented by the officer.

Each reason for the recall must be based upon the officers conduct during his or her current term in office.

Within 24 hours after the submission of recall language for a clarity determination, the County Election Commission must notify the officer of 1) the filing of the petition language and the date of the filing 2) the contents of the petition language and 3) the time, date and place of the clarity hearing. Official notice of the time, date and place of the clarity hearing is also sent to the filer of the language.

The County Election Commission is required to meet sometime between the 10th and 20th day after the filing of the recall language to conduct the hearing.

When the required hearing is held, the function of the County Election Commission is to determine whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall. The County Election Commission does not have the authority to rule on the reasons for recall.

Failure of the County Election Commission to conduct the required clarity hearing by the 20th day after the submission of recall language constitutes a determination that the language is of sufficient clarity.

The determination rendered by the County Election Commission may be appealed by the officer or the sponsor of the recall to the Circuit Court in the county. The appeal must be filed within 10 days after the County Election Commissions determination.

Recall language approved for clarity by the County Election Commission or the Circuit Court (if appealed) is valid for 180 days after the final date of approval. (Note: While the approved recall language is valid for 180 days, all signatures on the petition must be collected within a 90 day window period as explained below.)
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