[As created Nov. 1926 and amended April 1981]
The qualified electors of the state, of any congressional, judicial or legislative district or of any county may petition for the recall of any incumbent elective officer after the first year of the term for which the incumbent was elected, by filing a petition with the filing officer with whom the nomination petition to the office in the primary is filed, demanding the recall of the incumbent.
(1) The recall petition shall be signed by electors equalling at least twenty−five percent of the vote cast for the office of governor at the last preceding election, in the state, county or district which the incumbent represents.
(2) The filing officer with whom the recall petition is filed shall call a recall election for the Tuesday of the 6th week after the date of filing the petition or, if that Tuesday is a legal holiday, on the first day after that Tuesday which is not a legal holiday.
(3) The incumbent shall continue to perform the duties of the office until the recall election results are officially declared.
(4) Unless the incumbent declines within 10 days after the filing of the petition, the incumbent shall without filing be deemed to have filed for the recall election. Other candidates may file for the office in the manner provided by law for special elections. For the purpose of conducting elections under this section:
(5) The person who receives the highest number of votes in the recall election shall be elected for the remainder of the term.
(6) After one such petition and recall election, no further recall petition shall be filed against the same officer during the term for which he was elected.
(7) This section shall be self−executing and mandatory. Laws may be enacted to facilitate its operation but no law shall be enacted to hamper, restrict or impair the right of recall.
[1923 J.R. 73, 1925 J.R. 16, 1925 c. 270, vote Nov. 1926; 1979 J.R. 41, 1981 J.R. 6, vote April 1981]