Question: Should section be amended to provide that recall petitions must be returned 30 days after the “delivery of the petition papers” instead of 30 days after the filing of the recall affidavit? (This amendment is related to the amendment proposed in Proposal #46.)

Proposed Language:

§ 17     Filing Recall Petition

A petition demanding the removal of the Mayor or a member of the Council shall be known as a recall petition. A recall petition to be effective must be returned and filed with the City Clerk within thirty days after delivery of the petition papers to the elector making the affidavit as provided in Charter Section 16, and to be sufficient, must bear the signatures of not less than twenty percent of those who voted in the City or ward respectively at the last preceding regular Municipal election. Within ten (10) days from the date of the filing of the petition, the Clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of the Clerk’s examination. If the Clerk shall certify that the petition is insufficient, the Clerk shall set forth in the certificate the particulars in which the petition is defective, and shall return a copy of the certificate to the person designated in the petition to receive it. The recall petition may be amended at any time within twenty (20) days after the return of a copy of the certificate of insufficiency by filing a supplementary petition upon additional petition papers, issued, signed and filed as provided herein for the original petition. The Clerk shall, within ten (10) days after the amendment is filed, make like examination of the amended petition, and if the Clerk’s certificate shall show the same to be still insufficient, the Clerk shall return it to the person designated in the petition to receive it, without prejudice, however, to the filing of a new petition for the same purpose.

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