HB393 105541-1 By Representatives Treadaway, McClendon, Drake, Moore (P), Hill, DeMarco and Canfield (Constitutional Amendment) RED: Constitution and Elections First Read: 05-FEB-09 Page 010 1 12 13 14 15 16 17 18 19 20 aa 22 23 24 25 26 a7 105541-1:n:01/08/200 :JRC/tan LRS2009-9 SYNOPSI Under existing law, certain elected municipal officials are subject to recall. This bill would propose an amendment to the Constitution of Alabama of 1901, to provide that all elected state, county, and municipal officials would be subject to recall and would establish the procedures therefore. A BILL : 0 BE ENTITLED AN ACT To propose an amendment to the Constitution of Alabama of 1901; to provide that elected officials would be subject to recall, to provide procedures for the recall, and to provide and penalties for abuse of the procedure. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a Page 110 a. 12 13 14 18 16 17 18 19 20 21 22 23 24 25 26 27 majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT (a) Recall is the power of the electors to recall elected officers. Recall shall be a method of removal of the elected official in addition to impeachment or any other procedure now provided by the Constitution or the laws of this state. (b) Recall of an elected state officer is initiated by delivering to the Secretary of State a petition alleging the reason for recall. Recall of an elected county officer is initiated by delivering to the judge of probate of the county involved a petition alleging a reason for recall. Recall of an elected municipal officer is initiated by delivering to the city clerk of the municipality involved a petition alleging a reason for recall. Sufficiency of the reason is not reviewable. (c) Six months following the general election proponents may begin to gather signatures for a recall petition. Thereafter, proponents have 160 days to file the signed petitions. Prior to the circulation of a petition for signatures for recall, one or more sponsors of the petition shall file it with the appropriate officer, who is authorized to order the election, together with a verified affidavit listing the names and addresses of all contributors and expenditures to date, and the members of the organization or Page 210 aa 12 13 14 1s 16 a7 18 19 20 21 22 23 24 25 26 27 organizations thereof. Additionally, the sponsors shall designate one person as their fiscal officer, whose proper and official address shall be listed on any petition. The fiscal officer shall keep records and file required statements. (a) The petition to recall an elected officer shall be signed by electors eligible to vote for the office which is the subject of the recall equal in number to 30 percent of the last vote for that office. (e) The Secretary of State, judge of probate, or city clerk, as the case may be, shall maintain a continuous count of the signatures certified to that office. (£) An election to determine whether to recall an officer and to elect a successor shall be called by the Governor, judge of probate, or mayor, as the case may be, and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures. If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer who is the subject of the recall may not be a candidate. (g) I£ recall of the Governor, Secretary of State, judge of probate, city clerk, or mayor is initiated, the recall duties of that office shall be performed by the Lieutenant Governor, in the case of the Governor or Secretary of State, the chair of the county commission, or the presiding officer of the governing body of the municipality, as the case may be. Page 310 vat 12 13 14 15 16 a7 18 1g 20 21 22 23 24 25 26 (h) No person shall misrepresent or make a false statement concerning the contents, purport, or effect of a petition for recall to a person for the purpose of obtaining a signature or for the purpose of persuading a person; nor shall a person circulate or cause to be circulated a petition, knowing that it contains any false, forged, or fictitious names. (i) No person shall for pecuniary award or personal gain: (1) Offer, propose, threaten or attempt to sell, hinder, or delay a petition or a signature thereon. (2) Offer, propose, or threaten to desist from beginning, promoting, or circulating a petition or soliciting signatures therefor. (3) Offer, propose, attempt, or threaten in any manner or form to use a petition or a power of promotion or opposition concerning the petition in a manner or form for extortion, blackmail, or secret or private intimidation of a person or business interest. (J) any person who violates subsection (i) of this amendment shall, upon conviction thereof, be guilty of a Class © felony and be punished as provided by law. Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, as amended, and the election laws of this state. Page 420 a Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment: "Proposing an amendment to the Constitution of Alabama of 1901, to provide that all elected state, county, and municipal officials would be subject to recall. Proposed by Act a This description shall be followed by the following language: "Yes () No (). Page 5