(1) If any officer resigns by submitting a written letter of resignation to the clerk at any time prior to the recall election, all recall proceedings shall be terminated, and the vacancy caused by such resignation shall be filled as provided by law. If the resignation occurs after the ballots have been prepared or at a time when it would otherwise be impracticable to remove the recall question from the ballot, no votes cast on the recall question shall be counted. (2) At least ten days before the recall election, the clerk shall give notice of the election in accordance with section 31-10-501. Except as otherwise provided in this part 5, the recall election shall be conducted and returned and the result of such election declared in all respects as in the case of regular elections. (3) (a) On the official ballot at such elections shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall, and, in not more than three hundred words, there shall also be printed, if desired by him, the officer's justification of his course in office. Any such reasons or justification shall be submitted to the municipal clerk by the date on which a nominating petition must be filed pursuant to subsection (4) of this section. If such officer resigns at any time subsequent to the calling of the recall election, the recall election shall be held, notwithstanding such resignation. (b) The official ballot must include, as to every officer whose recall is to be voted on, the words, "Shall (name of person against whom recall petition is filed) be recalled from the office of (title of office)?". The words "yes" and "no" must follow each question on separate lines with a blank space at the right of each in which the voter shall indicate the voter's vote for or against the recall. (c) (I) On ballots following all questions of recall for a particular office, there must be printed the names of those persons who have been nominated as candidates for the office from which a person is sought to be recalled. The names must be printed in the same manner as candidates for the office would be printed on the ballot at a regular election. The name of the person against whom a petition is filed shall not appear on the ballot as a candidate for the office. (II) The ballots must be printed to give each voter a clear opportunity to indicate the voter's choice of candidates for the office. The ballot may include any other words that will aid the voter. (4) (a) Candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days after the date the recall election is set. (b) (Deleted by amendment, L. 2023.) (5) (a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election. (b) and (c) Repealed. (6) If a majority of those voting on a question of the recall of any incumbent from office vote "no", the incumbent continues in the office. If the incumbent continues in office, the votes for the incumbent's successor shall not be recorded and any counts or unofficial results of the votes shall not be publicly disclosed. If a majority vote "yes", the incumbent shall be removed from such office upon compliance with section 31-4-401 by the incumbent's successor or upon the office being deemed vacant pursuant to subsection (7)(c) of this section. (7) (a) If the vote in a recall election recalls the officer, the candidate who has received the highest number of votes for the office thereby vacated is elected for the remainder of the term, and a certificate of election shall be forthwith issued to the candidate by the canvassing board. (b) If a recall election recalls more than one officer from an office to which more than one person may be elected, candidates equal in number to the number of persons recalled from office who received the highest number of votes for the office are elected for the remainder of the term of each of the offices vacated. The candidate receiving the highest number of votes is elected for the longest remaining term. (c) If a person elected to an office vacated pursuant to this section fails to comply with section 31-4-401 within fifteen days after the issuance of a certificate of election, or if an office vacated pursuant to this section and no person sought election, the office is deemed vacant and shall be filled according to law. (8) Mandatory or optional recounts of ballots cast in a recall election shall be conducted in accordance with section 31-10-1207.
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