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 Lynchburg
 Code of Ordinances
 CHARTER
 Chapter 4. ELECTIONS, OATHS OF OFFICE AND BONDS

  § 19.9. Procedure.  

Latest version.

  • Any member of the council may be recalled and removed from office by the voters by the following procedure: A petition for the recall of the member or members designated, signed by voters equal in number to at least ten percent of the number of voters duly registered on January 1 of the year of the petition eligible to vote for the member or members sought to be recalled, and containing a statement of factual reasons of not more than 200 words of the grounds of the recall, shall be filed with the clerk of the council. Within fifteen days of the date such petition was filed, the clerk shall have the general registrar of the city certify that the petition has the number of signatures of voters required to meet the above mentioned percentage. If the petition contains the required number of signatures, the clerk shall forthwith notify the member or members sought to be removed, and such member or members may, within ten days after such notice, file with the clerk a defensive statement of not more than 200 words. The clerk shall, immediately upon the expiration of ten days, cause sufficient printed or typewritten copies of such petition, without the signatures, to be made, and to each of them he shall attach a printed or typewritten copy of such defensive statement or statements, if any such shall have been furnished him within the time provided. He shall preserve the original petition and any defensive statements in his office. He shall cause a copy of such petition, with a copy of any defensive statements, to be placed in the office of the general registrar of the city who shall provide facilities for signing the petition and for the proper custody thereof. The clerk shall immediately cause notice to be published in some newspaper of general circulation in the city of the place where the copies may be found and of the time in which the same may be signed.

    The petition shall remain on file in the place designated for a period of thirty days, during which time it may be signed by voters of the city, including those who signed the original petition.

    At the expiration of the period of thirty days, the clerk shall assemble all of the copies, and shall file the same as one instrument with the clerk of the circuit court of the city who shall examine the same and ascertain and certify thereon whether the persons whose names are signed thereto are voters of the city, equal in number to fifteen percent of the number of voters duly registered on January 1 of the year of the petition; however, the clerk of the circuit court shall have the general registrar certify which names on the petition are voters before certifying any petition himself. The general registrar and the clerk of the circuit court shall make their certifications within fifteen days of the date of filing. If such signatures do amount to such percentage, the clerk of the circuit court of the city shall at once serve notice of that fact upon the member or members designated in the petition.

    (Acts 1982, ch. 398)

(Acts 1982, ch. 398)