(1) If the director sought to be recalled resigns by submitting a written letter of resignation to the designated election official at any time prior to the recall election, all recall proceedings must be terminated, and the vacancy caused by such resignation must be filled as provided by section 32- 1-905 (2)(a). If the director resigns after the ballots have been prepared or at a time when it would otherwise be impracticable to remove the recall question from the ballot, votes cast on the recall question shall not be counted. If there are no other issues to be voted on at such election, the recall election must be canceled and notice provided as set forth in section 1-13.5-513 (6). (2) Unless the designated election official receives a resignation from the director sought to be recalled in accordance with subsection (1) of this section, the designated election official shall give notice of the election and the recall question substantially in compliance with section 1-13.5-502 at least twenty days before the election. (3) (a) The official ballot for a recall election must include the statement of the grounds on which the recall is sought, as included in the recall petition in accordance with section 32-1- 909 (4)(c). The director sought to be recalled may submit to the designated election official on or before the date on which the ballot content must be certified under section 1-13.5-511 or 1-5-203 (3), as applicable, a statement of not more than three hundred words in support of the director's retention. The director shall not include any profane or false statement in the statement in support of his or her retention. The official ballot must include the director's statement if the statement is submitted on or before the date of the certification of the ballot. (b) The official ballot must include, for every director whose recall is to be voted on, the words: "Shall (name of director sought to be recalled) be recalled from the office of director of (name of special district)?". Following or to the right of the question must be the words "Yes" and "No" with a blank space or box to the right of each in which the eligible elector may indicate his or her vote for or against such recall. (c) Following each recall question as described in subsection (3)(b) of this section, the official ballot must include the names of those persons who have been nominated as candidates in accordance with subsection (4) of this section to succeed the director sought to be recalled. The name of the director sought to be recalled must not appear on the ballot as a candidate for the office. The position of candidate names on the ballot shall be determined by lot in accordance with section 1-13.5-902 (2). (4) Candidates to succeed the director sought to be recalled at a recall election must be nominated in accordance with section 1-13.5-303 or section 1-13.5-305. Self nominations must be filed no later than sixty-four days prior to the recall election. Affidavits of intent to be a write- in candidate must be filed no later than sixty-one days prior to the recall election. If the election is being conducted by a county clerk and recorder, self-nomination and affidavit of intent forms must be filed in accordance with the successor candidate deadlines as stated in article 12 of title 1. The designated election official may provide a call for nominations in accordance with section 1-13.5-501 (1). (5) The designated election official shall make absentee ballots available no later than three business days after the board fixes the date for the recall election. An application for an absentee ballot must be filed with the designated election official no later than the Tuesday immediately preceding the recall election. (6) If a majority of those voting on the question of the recall of a director vote "No", the director shall continue in office. If a majority vote "Yes", the director shall be removed from office upon compliance with section 32-1-901 by his or her successor. (7) If the vote in a recall election recalls the incumbent director, the candidate who has received the highest number of votes for the vacated office shall be declared elected to serve the remainder of the term of office. The canvassing board or the designated election official shall promptly issue a certificate of election to the director-elect. If the person who received the highest number of votes fails to comply with section 32-1-901 within thirty days after the issuance of a certificate of election, or in the event no person sought election, the office is deemed vacant and must be filled in accordance with section 32-1-905 (2)(a). (8) Mandatory or optional recounts of ballots in a recall election must be conducted in accordance with section 1-13.5-1306.
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