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01262004 Regular Meeting
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01262004 Regular Meeting
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5/4/2009 4:01:02 PM
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5/25/2004 1:40:58 PM
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City Clerk
City Clerk - Document
Minutes
City Clerk - Type
Regular Meeting
Date
1/12/2004
Volume Book
154
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4-5 days from the date on which the council acts. <br /> <br /> (c) Special elections on initiated or referred ordinances shall not be held more frequently <br /> than once each six months, and no ordinance on the same subject as an initiated ordinance <br /> which has been defeated or on the same subject as a referred ordinance which has been <br /> approved at any election may be initiated by the voters within two years l~om the date of such <br /> election. <br /> <br />Rationale: The proposed change will keep the Charter current with State law. The State Legislature <br />revised the deadline in the State Election Code for calling a local election from 45 to 62 days in <br />2003. <br /> <br />5. Amend Section 6.07 regarding the period of time a recall petition is valid: <br /> <br />Sec. 6.07. Power of recall. <br /> <br />The people of the city reserve the power to recall any elected officer of the City of San <br />Marcos and may exercise such power by filing with the city clerk a petition demanding the <br />removal of the officer, signed by at least ten per cent of the qualified voters of the city. The <br />recall petition shall be provided only by the city clerk. No signature shall be counted where <br />there is reason to believe it is not the actual signature of the purported signer or that it is a <br />duplication either of name or handwriting used in any other signature on the petition, and no <br />signature shall be counted unless it is accompanied by all of the information required by <br />applicable state law. Before signatures on any recall petition form may be counted, one of <br />the signers of such petition paper, a qualified voter in the City of San Marcos, shall make <br />oath before the city clerk, that the statements made therein are tree, that each signature to the <br />paper appended is the genuine signature of the person whose name purports to be signed <br />thereto, and that such signatures were placed thereon in the affiant's presence. Any recall <br />petition form supplied by the city clerk shall be valid for 45 gO days from the date of its <br />issuance and the expiration date and time shall be noted on the petition form by the city clerk <br />at the time of its issuance. All such forms must be returned to the city clerk before their <br />respective expiration dates in order to be eligible to be verified and certified by the city clerk. <br />The city clerk shall haVe 45 days from the receipt of any recall petition or petitions to verify <br />and certify to their sufficiency. <br /> <br />Rationale: The proposed change will allow more time for a recall petition to be circulated. Given the <br />number of signatures required for a petition, the Charter Review Commission regards 45 days as <br />being more reasonable, and would make the petition circulation period equivalent to the City Clerk's <br />review period. <br /> <br /> <br />
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