§ 2.5. Recall of mayor and council members by the people.

The mayor and any member of town council may be removed from office in the following manner:

(1)

Any registered voter of the town may make and file with the supervisor of elections of the Board of Elections of Orange County an affidavit containing the name of the official whose removal is sought and a general statement of the grounds alleged for removal. The supervisor of elections shall thereupon deliver to the registered voter making such affidavit copies of petitions for demanding such a removal, printed forms of which the supervisor of elections may keep on hand. Such blank forms shall be issued by the supervisor of elections with his or her signature thereto attached and shall be dated and addressed to the Board of Elections of Orange County, indicate the person to whom issued, state the name of the official whose removal is sought, and shall contain the general statement of the grounds on which the removal is sought as alleged in the affidavit.

(2)

A copy of the petition shall be promptly delivered to the town clerk, who shall enter the copy of the petition in a record book kept for that purpose in the office of the clerk. A recall petition to be effective must be returned within thirty (30) days after the filing of the affidavit, and to be sufficient must bear the signatures of registered voters of the town equal in number to at least eight (8) per cent of the registered voters of the town as shown by the registration records of the last preceding general municipal election. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

(3)

It is the duty of the Board of Elections of Orange County to investigate the sufficiency of any such petition and to certify the results of such investigation to the town council. The board of elections may employ such persons as it deems necessary to undertake such investigation and the reasonable cost of such investigation shall be reimbursed to the board of elections by the town. The board of elections may adopt such rules and regulations as it deems necessary or advisable concerning the validation of signatures appearing on the recall petition.

(4)

The board of elections shall complete its investigation and issue its certification of the results of such investigation within fifteen (15) days after the filing of any such petition. If, by the board's certification, the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certificate. The board shall, within ten (10) days after such amendment, make like examination of the amended petition, and if its certificate shall show the same to be insufficient, it shall be returned to the person filing the same, without prejudice, however, to the filing of a new petition to the same effect.

(5)

Upon a determination that a sufficient recall petition has been submitted, the board of elections shall order and fix a date for holding a recall election. Any such election shall be held not less than fifty (50) nor more than seventy (70) days after the petition has been certified as being sufficient. If any other general or special election is scheduled within such period, the board shall schedule the special election at the same time. If the provisions of general law prohibit the holding of special elections during the time aforesaid, and no general or special election is otherwise scheduled during said period of time, then the board shall schedule said special recall election for some date within ten (10) days after the last day of said period of time during which special elections are prohibited by general law.

Notwithstanding the requirements of the first paragraph of this subdivision requiring an election to be held within fifty (50) to seventy (70) days after a petition has been certified as being sufficient, no recall election shall be scheduled during the time period beginning on the first Monday in July and ending on the last Monday in August in any calendar year.

If the fifty- to seventy-day time period during which an election is to be scheduled falls completely within the time period beginning on the first Monday in July and ending on the last Monday in August, the recall election shall be postponed and shall be scheduled within ten (10) days after the last Monday in August, unless otherwise prohibited by general law, in which case said election shall be scheduled within ten (10) days after the last day of said period of time during which special elections are prohibited by general law.

If the fifty- to seventy-day time period during which an election is to be scheduled falls partially but not completely within the period from the first Monday in July to the last Monday in August, a recall election shall be scheduled during the time period either before the first Monday in July or after the last Monday in August which otherwise complies with the fifty-to seventy-day requirement unless otherwise prohibited by general law, in which case the election shall be scheduled within ten (10) days after the last day of said period of time during which special elections are prohibited by general law or this Charter.

(6)

The Orange County and Durham County Board of Elections shall make, or cause to be made, publication for ten (10) days of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the results thereof declared in all respects as other town elections in the Town of Chapel Hill. The reasonable costs of such election shall be reimbursed to the boards of elections by the town.

(7)

The question of recalling any number of officials may be submitted at the same election, but, as to each such official, a separate petition shall be filed and there shall be an entirely separate ballot.

(8)

The ballots used in a recall election shall submit the following propositions in the order indicated:

___For the recall of (name and title of official).

___Against the recall of (name and title of official).

(9)

If a majority of the votes cast on the question of recalling an official be against recall, the official shall continue in office for the remainder of the unexpired term, but, except as provided by subdivision (13) of this section, subject to the recall as before. If a majority of such votes is for the recall of the official designated on the ballot, the official shall, regardless of any defects in the recall petition, be deemed removed from office.

(10)

If an official is removed from office as a result of a recall election, the vacancy so caused shall be filled in the manner provided by this Charter for filling vacancies in such office, or if not provided by this Charter, in a manner provided by general law. An official removed from office by the voters as a result of a recall election shall not be appointed to fill the vacancy caused by his own removal or resignation.

(11)

The Board of Election of Orange County and Durham County may enter into such agreements as they may deem appropriate to share or transfer responsibility for determining the sufficiency of a petition for a recall election and for carrying out other provisions of this section.

(12)

The provisions of Section 2 of Chapter 1023, 1987 Session Laws, incorporated as section 2.4 of the Charter of the Town of Chapel Hill, requiring campaign reporting in Town of Chapel Hill elections, shall apply to all candidates and political committees as defined in Article 22A of Chapter 163 of the General Statutes in Town of Chapel Hill recall elections.

(13)

No recall petition shall be filed against an officer who has been subjected to a recall election and not removed thereby, until at least six (6) months after that election.

(Acts 1993, Ch. 358, § 2)