AR
Arkansas Senate Bill SJR2

Arkansas 2023 Regular Session

Arkansas Senate Bill SJR2 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to the Arkansas
22 Constitution.
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5-State of Arkansas As Engrossed: S2/22/23 1
5+State of Arkansas 1
66 94th General Assembly 2
77 Regular Session, 2023 SJR 2 3
88 4
99 By: Senator J. Payton 5
1010 By: Representatives Cavenaugh, G. Hodges 6
1111 7
1212 SENATE JOINT RESOLUTION 8
1313 AN AMENDMENT TO THE ARKANSAS CONSTITUTIO N TO CREATE A 9
1414 PROCEDURE FOR THE RE CALL OF PERSONS ELEC TED TO THE 10
1515 OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY 11
1616 GENERAL, SECRETARY O F STATE, TREASURER O F STATE, 12
1717 AUDITOR OF STATE, CO MMISSIONER OF STATE LANDS, MEMBE R 13
1818 OF THE HOUSE OF REPR ESENTATIVES, MEMBER OF THE 14
1919 SENATE, CHIEF JUSTIC E OF THE SUPREME COU RT, JUSTICE 15
2020 OF THE SUPREME COURT , CHIEF JUDGE OF THE COURT OF 16
2121 APPEALS, JUDGE OF TH E COURT OF APPEALS, CIRCUIT 17
22-JUDGE, DISTRICT JUDG E, PROSECUTING ATTOR NEY, COUNTY 18
23-JUDGE, JUSTICE OF THE PE ACE, SHERIFF, CIRCUI T CLERK, 19
24-COUNTY CLERK, ASSESS OR, CORONER, TREASUR ER, COUNTY 20
25-SURVEYOR, COLLECTOR OF TAXES, OR CONSTAB LE. 21
26- 22
27- 23
28-Subtitle 24
29-A CONSTITUTIONAL AMENDMENT TO CREATE A 25
30-PROCEDURE FOR THE RECALL OF CERTAIN 26
31-ELECTED OFFICIALS. 27
22+JUDGE, DISTRICT JUDG E, OR PROSECUTING ATTORNEY. 18
23+ 19
24+ 20
25+Subtitle 21
26+AN AMENDMENT TO THE ARKANSAS CONSTITUTION 22
27+TO CREATE A PROCEDURE FOR THE RECALL OF A 23
28+STATE CONSTITUTIONAL OFFICER, A MEMBER OF 24
29+THE GENERAL ASSEMBLY, AN ELECTED JUDICIAL 25
30+OFFICER, OR A PROSECUTING ATTORNEY. 26
31+ 27
3232 28
33- 29
34-BE IT RESOLVED BY THE SENATE OF THE NINETY -FOURTH GENERAL ASSEMBLY OF THE 30
35-STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 31
36-MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 32
37- 33
38- THAT the following is proposed as an amendment to the Constitution of 34
39-the State of Arkansas, and upon being submitted to the electors of the state 35
40-for approval or rejection at the next general election for Representatives 36 As Engrossed: S2/22/23 SJR2
33+BE IT RESOLVED BY THE SENATE OF THE NINETY -FOURTH GENERAL ASSEMBLY OF THE 29
34+STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 30
35+MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 31
36+ 32
37+ THAT the following is proposed as an amendment to the Constitution of 33
38+the State of Arkansas, and upon being submitted to the electors of the state 34
39+for approval or rejection at the next general election for Representatives 35
40+and Senators, if a majority of the electors voting thereon at the election 36 SJR2
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45-and Senators, if a majority of the electors voting thereon at the election 1
46-adopt the amendment, the amendment shall become a part of the Constitution of 2
47-the State of Arkansas, to wit: 3
48- 4
49- SECTION 1. The Arkansas Constitution is amended to add an additional 5
50-amendment to read as follows: 6
51- § 1. Definitions. 7
52- As used in this amendment: 8
53- (1) "Elected official" means a person elected or appointed to 9
54-one (1) of the following offices: 10
55- (A) Governor; 11
56- (B) Lieutenant Governor; 12
57- (C) Attorney General; 13
58- (D) Secretary of State; 14
59- (E) Treasurer of State; 15
60- (F) Auditor of State; 16
61- (G) Commissioner of State Lands; 17
62- (H) Member of the House of Representatives; 18
63- (I) Member of the Senate; 19
64- (J) Chief Justice of the Supreme Court; 20
65- (K) Justice of the Supreme Court; 21
66- (L) Chief Judge of the Court of Appeals; 22
67- (M) Judge of the Court of Appeals; 23
68- (N) Circuit court judge; 24
69- (O) District court judge; 25
70- (P) Prosecuting attorney; 26
71- (Q) County judge; 27
72- (R) Justice of the peace; 28
73- (S) Sheriff; 29
74- (T) Circuit clerk; 30
75- (U) County clerk; 31
76- (V) Assessor; 32
77- (W) Coroner; 33
78- (X) Treasurer; 34
79- (Y) County surveyor; 35
80- (Z) Collector of taxes; or 36 As Engrossed: S2/22/23 SJR2
45+adopt the amendment, the amendment sh all become a part of the Constitution of 1
46+the State of Arkansas, to wit: 2
47+ 3
48+ SECTION 1. The Arkansas Constitution is amended to add an additional 4
49+amendment to read as follows: 5
50+ § 1. Definitions. 6
51+ As used in this amendment: 7
52+ (1) "Elected official" means a person elected or appointed to 8
53+one (1) of the following offices: 9
54+ (A) Governor; 10
55+ (B) Lieutenant Governor; 11
56+ (C) Attorney General; 12
57+ (D) Secretary of State; 13
58+ (E) Treasurer of State; 14
59+ (F) Auditor of State; 15
60+ (G) Commissioner of State Lands; 16
61+ (H) Member of the House of Representatives; 17
62+ (I) Member of the Senate; 18
63+ (J) Chief Justice of the Supreme Court; 19
64+ (K) Justice of the Supreme Court; 20
65+ (L) Chief Judge of the Court of Appeals; 21
66+ (M) Judge of the Court of Appeal s; 22
67+ (N) Circuit court judge; 23
68+ (O) District court judge; and 24
69+ (P) Prosecuting attorney. 25
70+ (2) "Recall" means the voting by the electors of the state or 26
71+the electors of a district to ascertain whether or not it is the desire of 27
72+the majority of the electors to allow an elected official to remain in that 28
73+capacity for the duration of his or her el ected term; and 29
74+ (3) “Recall petition” means a petition demanding the recall of 30
75+an elected official. 31
76+ 32
77+ § 2. Petition. 33
78+ (a) The qualified electors of the state or a district, as the case may 34
79+be, may petition for the recall of an elected official by f iling a recall 35
80+petition demanding the recall of the elected official. 36 SJR2
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8383
8484
85- (AA) Constable. 1
86- (2) "Recall" means the voting by the electors of the state or a 2
87-district, circuit, county, or township, as the case m ay be, to ascertain 3
88-whether or not it is the desire of the majority of the electors to allow an 4
89-elected official to remain in that office for the duration of his or her 5
90-elected term; and 6
91- (3) “Recall petition” means one (1) or more sheets of signatures 7
92-of qualified electors demanding the recall of an elected official. 8
93- 9
94- § 2. Petition. 10
95- (a) The qualified electors of the state or a district, circuit, 11
96-county, or township, as the case may be, may petition for the recall of an 12
97-elected official by filing a recall petition demanding the recall of the 13
98-elected official. 14
99- (b)(1)(A) The recall petition for the recall of an elected official 15
100-elected statewide shall be signed by qualified electors of the state in a 16
101-number of at least twenty -five percent (25%) of t he votes cast for Governor 17
102-at the last general election at which a Governor was elected. 18
103- (B) At least ten percent (10%) of the number of statewide 19
104-signatures of qualified electors collected under subdivision (b)(1)(A) of 20
105-this section shall be from at least fifty (50) different counties of the 21
106-state. 22
107- (2) The recall petition for an elected official elected by a 23
108-district shall be signed by qualified electors of the district in which the 24
109-elected official is serving in a number of at least twenty -five percent (25%) 25
110-of the votes cast for Governor within the district at the last general 26
111-election at which a Governor was elected. 27
112- (3) The recall petition for an elected official elected by 28
113-a circuit shall be signed by qualified electors of the circuit in which the 29
114-elected official is serving in a number of at least twenty -five percent (25%) 30
115-of the votes cast for Governor within the circuit at the last general 31
116-election at which a Governor was elected. 32
117- (4) The recall petition for an elected official el ected by 33
118-a county shall be signed by qualified electors of the county in which the 34
119-elected official is serving in a number of at least twenty -five percent (25%) 35
120-of the votes cast for Governor within the county at the last general election 36 As Engrossed: S2/22/23 SJR2
121-
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123-
124-
125-at which a Governor was elected. 1
126- (5) The recall petition for an elected official elected by 2
127-a township shall be signed by qualified electors of the township in which the 3
128-elected official is serving in a number of at least twenty -five percent (25%) 4
129-of the votes cast fo r Governor within the township at the last general 5
130-election at which a Governor was elected. 6
131- (c) If an elected official's position requires performing the duties 7
132-of more than one (1) office under § 1(1) of this amendment, a single recall 8
133-petition is required which shall encompass all offices. 9
85+ (b)(1) The recall petition for the recall of an elected official 1
86+elected statewide shall be signed by qualified electors of the state in a 2
87+number of at least twenty -five percent (25%) of the votes cast for Governor 3
88+at the last general election at which a Governor was elected. 4
89+ (2) The recall petition for an elected official elected by a 5
90+district shall be signed by qualified electors of the district in which the 6
91+elected official is se rving in a number of at least twenty -five percent (25%) 7
92+of the votes cast for Governor within the district at the last general 8
93+election at which a Governor was elected. 9
13494 10
13595 § 3. Recall of elected officials. 11
13696 (a)(1)(A) The recall of an elected official sh all be initiated by 12
13797 filing a notice of intent to circulate a recall petition with the Secretary 13
13898 of State. 14
13999 (B) If the Secretary of State is the subject of the recall 15
140100 petition, the notice of intent shall be filed with the Attorney General. 16
141101 (2) No recall petition shall be circulated before the notice of 17
142102 intent is filed. 18
143103 (3) The notice of intent to circulate a recall petition shall 19
144104 state the reason the elected official should be recalled. 20
145105 (4) The filer of the notice of intent to circulate a rec all 21
146106 petition shall within five (5) calendar days after filing the notice of 22
147107 intent notify the elected official who will be the subject of a recall 23
148108 petition by certified mail with return receipt requested. 24
149- (b)(1) Each sheet of a recall petition shall contain signatures from 25
150-only one (1) county. 26
151- (2) The sheets of a recall petition shall be organized by county 27
152-to facilitate voter identification. 28
153- (c)(1) The recall petition shall be filed with the Secretary of State 29
154-not less than sixty (60) calendar days nor more than eighty (80) calendar 30
155-days after the filing of the notice of intent to circulate a recall petition. 31
156- (2) If the Secretary of State is the subject of the recall 32
157-petition, the recall petition shall be filed with the Attorney General. 33
158- (d)(1)(A) Within thirty (30) calendar days after the recall petition 34
159-is filed, the Secretary of State shall determine whether the recall petition 35
160-is sufficient and, if the recall petition is sufficient, shall state the 36 As Engrossed: S2/22/23 SJR2
109+ (b) A separate recall petition shall be used for each county and 25
110+recall petitions from each county shall be kept separate to facilitate voter 26
111+identification. 27
112+ (c)(1) The recall petitions shall be filed with the Secretary of State 28
113+not less than sixty (60) calendar days nor more than eighty (80) calendar 29
114+days after the filing of the notice of intent to circulate a recall petition. 30
115+ (2) If the Secretary of State is the subject of the recall 31
116+petition, the recall petitions shall be filed with the Attorney General. 32
117+ (d)(1)(A) Within thirty (30) calendar da ys after the recall petitions 33
118+are filed, the Secretary of State shall determine whether the recall petition 34
119+is sufficient and, if the recall petition is sufficient, shall state the 35
120+sufficiency in a letter to the filer of the notice of intent. 36 SJR2
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163-
164-
165-sufficiency in a letter to the filer of the notice of intent. 1
166- (B) If the Secretary of State is the subject of the recall 2
167-petition, the Attorney General shall dete rmine whether the recall petition is 3
168-sufficient and, if the recall petition is sufficient, shall state the 4
169-sufficiency in a letter to the filer of the notice of intent. 5
170- (2)(A) If the recall petition is found to be insufficient, the 6
171-letter shall state th e reasons creating the insufficiency. 7
172- (B)(i) The recall petition may be amended to correct or 8
173-amend an insufficiency within thirty (30) calendar days after the original 9
174-determination of insufficiency. 10
175- (ii) An amended or corrected recall petition s hall 11
176-be filed with the Secretary of State or, if the Secretary of State is the 12
177-subject of the recall petition, the Attorney General. 13
178- (C) For a statewide recall petition, correction or 14
179-amendment of an insufficient recall petition shall be permitted on ly if: 15
180- (i) The recall petition contains valid signatures of 16
181-qualified electors equal to at least seventy -five percent (75%) of the number 17
182-of statewide signatures of qualified electors required; and 18
183- (ii) At least ten percent (10%) of the number of 19
184-statewide signatures of qualified electors submitted on the recall petition 20
185-are from at least fifty (50) counties of the state. 21
186- (3)(A) Within fifteen (15) calendar days after the filing of an 22
187-amended recall petition, the Secretary of State shall e xamine the recall 23
188-petition again to determine sufficiency and shall state the sufficiency of 24
189-the amended recall petition in a letter to the filer of the notice of intent 25
190-to circulate a recall petition. 26
191- (B) If the Secretary of State is the subject of th e recall 27
192-petition, then within fifteen (15) calendar days after the filing of an 28
193-amended recall petition the Attorney Genera l shall examine the recall 29
194-petition again to determine sufficiency and shall state the sufficiency of 30
195-the amended recall petition in a letter to the filer of the notice of intent 31
196-to circulate a recall petition. 32
197- (e)(1)(A) Immediately upon finding an original or amended recall 33
198-petition sufficient, the Secretary of State shall notify the Governor who 34
199-shall immediately call a special ele ction for the purpose of submitting the 35
200-recall proposal to the appropriate electors. 36 As Engrossed: S2/22/23 SJR2
201-
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203123
204124
205125 (B) If the Secretary of State is the subject of the recall 1
206-petition, the Attorney General shall notify the Governor immediately upon 2
207-finding an original or amended rec all petition sufficient. 3
208- (C) If the Governor is the subject of the recall petition, 4
209-the Secretary of State shall notify the Lieutenant Governor, who shall 5
210-immediately call a special election. 6
211- (2)(A) The special election for the purpose of submitting the 7
212-recall proposal to the appropriate electors shall be held within ninety (90) 8
213-calendar days after the call for a special election. 9
214- (B) However, if the next following general election is to 10
215-be held within one hundred twenty (120) calendar days of the original or 11
216-amended recall petition being found sufficient, the recall proposal shall be 12
217-submitted at the next following general election. 13
218- (f) If the Attorney General performs one (1) or more duties of the 14
219-Secretary of State under this sectio n due to the Secretary of State being the 15
220-subject of the recall petition, the Attorney General may employ outside legal 16
221-counsel to defend a legal challenge regarding the sufficiency of a recall 17
222-petition. 18
223- 19
224- § 4. Form of recall petition. 20
225- (a) The recall petition regarding an elected official shall be in 21
226-substantially the following form: 22
227- "PETITION FOR RECALL 23
228-To the Secretary of State [or the Attorney General, if the Secretary of State 24
229-is the subject of the recall petition]: 25
230-We, the undersigned qualified electors of 26
231-________________________________________ 27
232- (Arkansas or District, Circuit, 28
233-County, or Township) 29
234-respectfully order that ____________________________________________________ 30
235- (Name of Elected Official) 31
236-be referred to the people of ___________________________________________ 32
237- (Arkansas or District, Circuit, County, 33
238-or Township) 34
239-to the end that the recall of the elected official may be approved or 35
240-rejected by the vote of the qualified electors at an election to be held for 36 As Engrossed: S2/22/23 SJR2
126+petition, the Attorney General shall determine whether the recall petition is 2
127+sufficient and, if the recall petition is sufficient, shall state the 3
128+sufficiency in a letter to the filer of the notice of inte nt. 4
129+ (2)(A) If the recall petition is found to be insufficient, the 5
130+letter shall state the reasons creating the insufficiency. 6
131+ (B)(i) The recall petition may be amended to correct or 7
132+amend an insufficiency within thirty (30) calendar days after the o riginal 8
133+determination of insufficiency. 9
134+ (ii) An amended or corrected recall petition shall 10
135+be filed with the Secretary of State or, if the Secretary of State is the 11
136+subject of the recall petition, the Attorney General. 12
137+ (C) For a statewide recall petition, correction or 13
138+amendment of an insufficient recall petition shall be permitted only if the 14
139+recall petition contains valid signatures of legal voters equal to at least 15
140+seventy-five percent (75%) of the number of statewide signatures of legal 16
141+voters required. 17
142+ (3)(A) Within fifteen (15) calendar days after the filing of an 18
143+amended recall petition, the Secretary of State shall examine the recall 19
144+petition again to determine sufficiency and shall state the sufficiency of 20
145+the amended recall petition in a letter to the filer of the notice of intent 21
146+to circulate a recall petition. 22
147+ (B) If the Secretary of State is the subject of the recall 23
148+petition, the Attorney General shall examine the recall petition again to 24
149+determine sufficiency and shall state the sufficiency of the amended recall 25
150+petition in a letter to the filer of the notice of intent to circulate a 26
151+recall petition. 27
152+ (e)(1)(A) Immediately upon finding an original or amended recall 28
153+petition sufficient, the Secretary of State shall notify the Governor who 29
154+shall immediately call a special election for the purpose of submitting the 30
155+recall proposal to the appropriate electors. 31
156+ (B) If the Secretary of State is the subject of the recall 32
157+petition, the Attorney General shall notify the Governor immediately upon 33
158+finding an original or amended recall petition sufficient. 34
159+ (C) If the Governor is the subject of the recall petition , 35
160+the Secretary of State shall notify the Lieutenant Governor, who shall 36 SJR2
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243163
244164
245-this purpose; and each of us for himself or herself says: I have personally 1
246-signed this petition; I am a qualified elector of (Arkansas or District, 2
247-Circuit, County, or Township) , and my printed name, date of birth, residence, 3
248-city or town of residence, and dat e of signing this petition are correctly 4
249-written after my signature.” 5
250- (b)(1) Each sheet of each recall petition containing the signatures 6
251-shall be verified by the person who circulated the sheet of the recall 7
252-petition by his or her affidavit attached to the recall petition. 8
253- (2) The affidavit shall be in substantially the following form: 9
254-"STATE OF ARKANSAS ) 10
255-COUNTY_____________ ) 11
256-I, ________________________, under oath, state that the above -listed persons 12
257-signed this sheet, and each of them sig ned his or her name on this sheet in 13
258-my presence. I believe that each has correctly stated his or her name, date 14
259-of birth, residence, city or town of residence, and date of signing the 15
260-petition. 16
261-Signature ____________________________________________ 17
262-Address ________________________________________________ 18
263-Subscribed and sworn to before me this the ______day of ________, ____. 19
264-Signature ____________________________________________________ 20
265- Notary Public 21
266-My Commission Expires: ____________________________ ________." 22
267- (c) A petition shall be sufficient if it substantially follows the 23
268-format of this section, disregarding clerical and technical errors. 24
269- 25
270- § 5. Ballot. 26
271- (a) At the election the recall proposal shall be printed on the ballot 27
272-in substantially the following form: 28
273-Name: Office: 29
274- “For Permitting _______________________ ________________________to 30
275-continue to serve the term of office for which elected ............ /_/ 31
276- 32
277-Name: Office: 33
278- Against Permitting _________ ___________ ______________________ to 34
279-continue to serve the term of office for which elected ........... /_/.” 35
280- (b)(1) If at the election a majority of the qualified electors voting 36 As Engrossed: S2/22/23 SJR2
165+immediately call a special election. 1
166+ (2)(A) The special election for the purpose of submitting the 2
167+recall proposal to the appropriate electors shall be held within ninety (90) 3
168+calendar days after the call for a special election. 4
169+ (B) However, if the next following general election is to 5
170+be held within one hundred twenty (120) calendar days of the original or 6
171+amended recall petition being found sufficient, the recall proposal s hall be 7
172+submitted at the next following general election. 8
173+ (f) If the Attorney General performs one (1) or more duties of the 9
174+Secretary of State under this section due to the Secretary of State being the 10
175+subject of the recall petition, the Attorney Genera l may employ outside legal 11
176+counsel to defend a legal challenge regarding the sufficiency of a recall 12
177+petition. 13
178+ 14
179+ § 4. Recall petitions for elected officials. 15
180+ (a) The recall petition regarding an elected official shall be in 16
181+substantially the following form: 17
182+ "PETITION FOR RECALL 18
183+To the Secretary of State [or the Attorney General, if the Secretary of State 19
184+is the subject of the recall petition]: 20
185+We, the undersigned legal voters of ________________________________________ 21
186+ (Arkansas or District) 22
187+respectfully order that ____________________________________________________ 23
188+ (Name of Elected Official) 24
189+be referred to the people of ___________________________________________ 25
190+ (Arkansas or District) 26
191+to the end that the elected official may be approved or rejected by the vote 27
192+of the legal voters at an election to be held for this purpose; and each of 28
193+us for himself or herself says: I have personally signed this petition; I am 29
194+a legal voter of [Arkansas or district], and my printed name, date o f birth, 30
195+residence, city or town of residence, and date of signing this petition are 31
196+correctly written after my signature.” 32
197+ (b)(1) Each sheet of each recall petition containing the signatures 33
198+shall be verified by the person who circulated the sheet of th e recall 34
199+petition by his or her affidavit attached to the recall petition. 35
200+ (2) The affidavit shall be in substantially the following form: 36 SJR2
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283203
284204
285-on the recall proposal vote against permitting the elected offici al to 1
286-continue to serve the term of office to which he or she was elected, an 2
287-immediate vacancy shall exist in the office, and the vacancy shall be filled 3
288-in the manner prescribed by law. 4
289- (2) If at the election a majority of the qualified electors 5
290-voting on the recall proposal vote for permitting the elected official to 6
291-continue to serve the term of office for which he or she elected, the elected 7
292-official shall serve the full term for which he or she was elected. 8
293- 9
294- § 6. Frequency of recall. 10
295- After one (1) recall petition and election, no further recall petition 11
296-shall be filed against the same elected official during the same term of 12
297-office. 13
298- 14
299- § 7. Recall expenses. 15
300- All expenses of an election for the recall of an elected official shall 16
301-be paid for in the same manner and from the same source as provided by 17
302-applicable law for election expenses. 18
303- 19
304- § 8. Ballot question. 20
305- (a) A recall proposal shall be considered a ballot question for 21
306-purposes of applicable laws on measures referred to voters. 22
307- (b) An elected official, any person or entity acting on behalf of an 23
308-elected official, or any other person or entity who receives contributions or 24
309-makes expenditures for the purpose of attempting to influence the 25
310-qualification, passage, or defeat of a rec all petition or recall proposal 26
311-shall be considered a ballot question committee and shall comply with 27
312-applicable laws on measures referred to voters. 28
313- 29
314- SECTION 2. EFFECTIVE DATE. This amendment shall be effective on and 30
315-after January 1, 2025. 31
316- 32
317- SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed 33
318-amendment is submitted to the electors of this state on the general election 34
319-ballot: 35
320- (1) The title of this Joint Resolution shall be the ballot 36 As Engrossed: S2/22/23 SJR2
205+"STATE OF ARKANSAS ) 1
206+COUNTY_____________ ) 2
207+I, ________________________, under oath, state that the above -listed persons 3
208+signed this sheet, and each of them signed his or her name on this sheet in 4
209+my presence. I believe that each has correctly stated his or her name, date 5
210+of birth, residence, city or town of residence, and date of signing the 6
211+petition. 7
212+Signature ____________________________________________ 8
213+Address ________________________________________________ 9
214+Subscribed and sworn to before me this the ______day of ________, ____. 10
215+Signature ____________________________________________________ 11
216+ Notary Public 12
217+My Commission Expires: ____________________________________." 13
218+ (c) A petition shall be sufficient if it substantially follows the 14
219+format of this section, disregarding clerical and technical errors. 15
220+ 16
221+ § 5. Ballot. 17
222+ (a) At the election the recall proposal shall be printed on the ballot 18
223+in substantially the following form: 19
224+Name: Office: 20
225+ “For Permitting _______________________ ________________________to 21
226+continue to serve the term of office for which elected ........ .... /_/ 22
227+ 23
228+Name: Office: 24
229+ Against Permitting ____________________ ______________________ to 25
230+continue to serve the term of office for which elected ........... /_/.” 26
231+ (b)(1) If at the election a majority of the qualified electors voting 27
232+on the recall proposal vote against permitting the elected official to 28
233+continue to serve the term of office to which he or she was elected, an 29
234+immediate vacancy shall exist in the office, and the vacancy shall be filled 30
235+in the manner prescribed by law. 31
236+ (2) If at the election a majority of the qualified electors 32
237+voting on the recall proposal vote for permitting the elected official to 33
238+continue to serve the term of office for which he or she elected, the elected 34
239+official shall serve the full term for which he or she was elected. 35
240+ 36 SJR2
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324244
325-title; and 1
326- (2) The popular name shall be "A Co nstitutional Amendment t o 2
327-Create a Procedure for the Recall of Persons Elected to the Offices of 3
328-Governor, Lieutenant Governor, Attorney General, Secretary of State, 4
329-Treasurer of State, Auditor of State, Commissioner of State Lands, Member of 5
330-the House of Representatives, Member of the Senate, Chief Justice of the 6
331-Supreme Court, Justice of the Supreme Court, Chief Judge of the Court of 7
332-Appeals, Judge of the Court of Appeals, Circuit Judge, District Judge, County 8
333-Judge, Justice of the Peace, Sheriff, Circuit Clerk, County Clerk, Assessor, 9
334-Coroner, Treasurer, County Surveyor, Collector of Taxes, or Constable". 10
335- 11
336-/s/J. Payton 12
337- 13
338- 14
339- 15
340- 16
341- 17
342- 18
343- 19
245+ § 6. Frequency of recall. 1
246+ After one (1) recall petition and election, no further recall petition 2
247+shall be filed against the same elected official during the same term of 3
248+office. 4
249+ 5
250+ § 7. Recall expenses. 6
251+ All expenses of an election for the recall of an elected official shall 7
252+be paid for in the same manner and from the same source as provided by 8
253+applicable law for election expenses. 9
254+ 10
255+ § 8. Ballot question. 11
256+ (a) A recall proposal shall be considered a ballot question for 12
257+purposes of applicable laws on measures referred to voters. 13
258+ (b) An elected official, any person or entity acting on behalf of an 14
259+elected official, or any other person or entity who receives contributions or 15
260+makes expenditures for the purpose of attempting to influenc e the 16
261+qualification, passage, or defeat of a recall petition or recall proposal 17
262+shall be considered a ballot question committee and shall comply with 18
263+applicable laws on measures referred to voters. 19
344264 20
345- 21
346- 22
265+ SECTION 2. EFFECTIVE DATE. This amendment shall be e ffective on and 21
266+after January 1, 2025. 22
347267 23
348- 24
349- 25
350- 26
351- 27
352- 28
353- 29
354- 30
355- 31
356- 32
357- 33
358- 34
359- 35
360- 36
268+ SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed 24
269+amendment is submitted to the electors of this state on the general election 25
270+ballot: 26
271+ (1) The title of this Joint Resolution shall be the ballot 27
272+title; and 28
273+ (2) The popular name shall be "A Constitutional Amendment t o 29
274+Create a Procedure for the Recall of Persons Elected to the Offices of 30
275+Governor, Lieutenant Governor, Attorney General, Secretary of State, 31
276+Treasurer of State, Auditor of State, Comm issioner of State Lands, Member of 32
277+the House of Representatives, Member of the Senate, Chief Justice of the 33
278+Supreme Court, Justice of the Supreme Court, Chief Judge of the Court of 34
279+Appeals, Judge of the Court of Appeals, Circuit Judge, District Judge, or 35
280+Prosecuting Attorney". 36