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he is an elector. Each section of the petition shall bear the name of the county, or city and county in which it is circulated, and only qualified electors of such county or city and county shall be competent to sign such section. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same stating his qualifications and that all the signatures to the attached section were made in his presence and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be; and no other affidavit thereto shall be required. The affidavit of any person soliciting signatures hereunder shall be verified free of charge by any officer authorized to administer an oath. Such petition so verified shall be prima facie evidence that the signatures thereto appended are genuine and that the persons signing the same are qualified electors. Unless and until it is otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of electors. Each section of the petition shall be filed with the clerk, or registrar of voters, of the county or city and county in which it was circulated; but all such sections circulated in any county or city and county shall be filed at the same time. Within twenty days after the date of the filing of such petition, the clerk, or registrar of voters, shall finally determine from the records of registration what number of qualified electors have signed the same; and, if necessary, the board of supervisors shall allow such clerk or registrar additional assistants for the purpose of examining such petition and provide for their compensation. The said clerk or registrar, upon the completion of such examination, shall forthwith attach to such petition his certificate, properly dated, showing the result of such examination, and submit said petition, except as to the signatures appended thereto, to the secretary of state and file a copy of said certificate in his office. Within forty days from the transmission of the said petition and certificate by the clerk or registrar of voters to the secretary of state, a supplemental petition, identical
with the original as to the body of the petition but containing supplemental names, may be filed with the clerk or registrar of voters, as aforesaid. The clerk or registrar of voters shall within ten days after the filing of such supplemental petition make like examination thereof as of the original petition, and upon the conclusion of such examination shall forthwith attach to such petition his certificate, properly dated, showing the result of such examination, and shall forth with transmit such supplemental petition, except as to the signatures thereon, together with his said certificate, to the secretary of state.
When the secretary of state shall have received from one or more county clerks, or registrars of voters, a petition certified as herein provided to have been signed by the requisite number of qualified electors, he shall forth with transmit to the county clerk or registrar of voters of every county or city and county in the state a certificate showing such fact; and such clerk or registrar of voters shall thereupon file said certificate for record in his office.
A petition shall be deemed to be filed with the secretary of state upon the date of the receipt by him of a certificate or certificates showing the said petition to be signed by the requisite number of electors of the state.
No recall petition shall be circulated or filed against any officer until he has actually held his office for at least six months; save and except it may be filed against any member of the state legislature at any time after five days from the convening and organizing of the legislature after his election.
If at any recall election the incumbent whose removal is sought is not recalled, he shall be repaid from the state treasury any amount legally expended by him as expenses of such election, and the legislature shall provide appropriation for such purpose, and no proceedings for another recall election of such incumbent shall be initiated within six months after such election.
If the governor is sought to be removed under the provisions of this article, the duties herein imposed upon him shall be performed by the lieutenant-governor; and if the secretary of state is sought to be removed, the duties herein imposed upon him shall be performed by the state controller; and the duties herein imposed upon the clerk or registrar of voters shall be performed by such registrar of voters in all cases where the office of registrar of voters exists.
The recall shall also be exercised by the electors of each county, city and county, city and town of the state, with reference to the elective officers thereof, under such procedure as shall be provided by law.
Until otherwise provided by law, the legislative body of any such county, city and county, city or town may provide for the manner of exercising such recall powers in such counties, cities and counties, cities and towns, but shall not require any such recall petition to be signed by electors more in number than twenty-five per cent of the entire vote cast at the last preceding election for all candidates for the office which the incumbent sought to be removed occupies. Nothing herein contained shall be construed as affecting or limiting the present or future powers of cities or counties or cities and counties having charters adopted under the authority given by the Constitution.
In the submission to the electors of any petition proposed under this article all officers shall be guided by the general laws of the state, except as otherwise herein provided.
This article is self-executing, but legislation may be enacted to facilitate its operation, but in no way limiting restricting the provisions of this article or the powers herein reserved. (Amendment approved October 10, 1911.)
THE KECALL.—The fixing of the tenure of office of the officers of a municipality, subject to removal by the body that elected them, is comparatively new in our system of government, and the interpretive branch of the law is in rather an undeveloped state. (Good v. Common Council of San Diego, 5 Cal. App. 265, 90 Pac. 44.)
Where a municipal charter provides that the holder of any elective office may be removed at any time by the electors qualified to vote for a successor, the charter does not contemplate an ordinary “removal for cause," but by virtue of the charter provisions, every elective officer elected after the provision was adopted holds his office subject to the condition subsequent expressed therein. (Good v. Common Council of San Diego, 5 Cal. App. 265, 90 Pac. 44.)
The recall provision is valid. The appellant accepted the trust subject to this power in his constituency, and the duration of his term of office is dependent upon the wish of the majority as expressed at the polls. (Hilzinger v. Gillman, 56 Wash. 228, 21 Ann. Cas. 305, 105 Pac. 471.)
The provision in Statutes (Mass.) 1908, p. 542, c. 574, amending the charter of the city of Haverhill, which requires officers to accept office of uncertain terms, with liability to be recalled at any time without just cause, is not unconstitutional. (Graham v. Roberts, 200 Mass. 152, 85 N. E. 1009.)
"It is contended that the recall provision of the charter” of Dallas "seeks to substitute within the municipality a socialistic and communistic system of government in lieu of a republican form of gove ernment-we do not concur in this contention. It is neither socialistic, communistic, nor obnoxious to a republican form of government to require an elective officer of a municipal government to submit to the voters of the city the issue for their determination whether he shall longer continue in office.” (Bonner v. Besterling (Tex. Civ.), 137 S. W. 1154.)
J. P. HOGE,
President. Attest: EDWIN F. SMITH, Secretary.
A. R. Andrews.
Luke D. Doyle,
Thomas Harrison, Joel A. Harvey, T. D. Heiskell, Conrad Herold, D. W. Herrington, S. G. Hilborn, J. R. W. Hitchcock, J. E. Hale, Volney E. Howard, Sam A. Holmes, W. J. Howard, Wm. Proctor Hughey, W. F. Huestis, G. W. Hunter, Daniel Inman, George A. Johnson, L. F. Jones, Peter J. Joyce, J. M. Kelley, James H. Keyes, John J. Kenny, C. R. Kleine, T. H. Laine, Henry Larkin, R. M. Lampson, R. Lavigne, H. M. La Rue, David Lewis, J. F. Lindow, Jno. Mansfield, Edward Martin, J. West Martin, Rush McComas, John G. McCallum, Thomas McConnell, John McCoy, Thomas B. McFarland, Hiram Mills, Wm. S. Moffatt,
John Fleming MeNutt, W. W. Moreland, L. D. Morse, James E. Murphy, Edmund Nason, Thorwald Klaudius Nelson, Henry Neunaber, Chas. C. O'Donnell, George Ohleyer, James O'Sullivan, James Martin Porter, William H. Prouty, M. R. C. Pulliam, Chas. F Reed, Patrick Reddy, Jno. M. Rhodes, Jas. S. Reynolds, Horace C. Rolfe, Chas. S. Ringgold, James McM. Shafter, Geo. W. Schell, J. Schomp, Rufus Shoemaker, E. 0. Smith, Benj. Shurtleff, Geo. Venable Smith, H. W. Smith, John C. Stedman, E. P. Soule, D. C. Stevenson, Geo. Steele, Chas. V. Stuart, W. J. Sweasey, Charles Swenson, R. S. Swing, D. S. Terry, S. B. Thompson, F. 0. Townsend, W. J. Tinnin,