Recall Procedures

Summary of Recall Process

Recall Process

• Registered voter (Principal Circulator) completes a Recall Petition Filing Form with the reason for the recall
• Elected official may submit a defense statement
• Election Commission prepares the recall petition pages
• Circulator gathers petition signatures
• Election Commission verifies the signatures to determine if sufficient signatures were gathered
• If enough signatures are gathered, the elected official is given the choice to resign
• If the elected official does not resign, a special recall election is held
• If the recall election is successful (simple majority voting in favor of recall), then the elected official is removed from office
• The governing body of the political subdivision of the recalled official then votes to name a new member to replace the recalled official
• If the Omaha Mayor is recalled within the first two years of their term, then a special replacement election is held
• If no candidate receives 50% or more of the vote, a special runoff election will be held with the two candidates who received the most votes in the special replacement election

Timeline

• Circulator starts process
• Election Commission may take up to 5 days to notify the elected official that they are being recalled
• Elected official has 20 days to submit defense statement
• Election Commission has 5 business days to prepare the petition pages
• Circulator must pick up the prepared petition pages within 20 days after being notified by the Election Commission that they are available
• Circulator has 30 days from the date they pick up the petition pages to gather the required number of signatures
• Election Commission has 15 business days to verify if sufficient signatures have been gathered
• If sufficient signatures have been gathered, the elected official has the option to resign prior to the election
• The Election Commission will notify the governing body of the political subdivision of the elected official, and they will schedule a recall election to be held within 50 - 80 days
• If a simple majority of voters vote in favor of a recall, and the election is certified as official, the elected official is removed from office immediately
• The governing body of the political subdivision of the recalled official then votes to name a new member to replace the recalled official
• If the Omaha Mayor is recalled within the first two years of their term, a special replacement election will be held within 90 - 150 days
• If no candidate receives 50% or more of the vote, a special runoff election will be held as directed by the Omaha City Council

Recall of an Elected Official

An elected official can be recalled; however, the recall process cannot be initiated until after the first six months of their term of office, nor can it occur within six months of the incumbent filing deadline. If a recall election has previously failed to remove an elected official, another recall effort cannot be initiated for another twelve months.

Elected Officials Eligible for Recall

• City Council Members and Mayors of Omaha, Bennington, Ralston, and Valley
• Boys Town and Waterloo Village Board of Trustees
• Douglas County Assessor/Register of Deeds, Attorney, Clerk, Clerk of the District Court, Commissioners, Engineer, Public Defender, Sheriff, and Treasurer
• School Board Members
• Metropolitan Utilities District Board Members
• Natural Resources District Board Members
• Omaha Public Power District Board Members
• Metropolitan Community College Board Members
• Educational Service Unit Board Members

Principal Circulator

• Principal circulator is a registered voter who files the Recall Petition Filing Form.

Circulator Requirements

• Each circulator must witness every signature and sign the circulator's affidavit once the petition page is completed
• Circulators must be at least eighteen years of age
• Circulators can be paid or voluntary
• Each petition page must denote the type of circulator gathering signatures (Paid or Voluntary)
• No circulator may pay money or offer anything of value in exchange for signing a petition

Recall Petition Filing Form

• At least one registered voter must complete, sign, and file a Recall Petition Filing Form with the Election Commission.
• Contents of Form
• Name and address of principal circulator
• Home and work phone of principal circulator
• First and last name of the elected official sought to be removed
• Office currently held by elected official
• A statement, 60 words or less, explaining the reason(s) for which the recall is sought
• Requested number of petition pages
• Principal circulator's signature
• Election official or notary public signature and seal/stamp

Defense Statement

After the principal circulator completes the Recall Petition Filing Form, the Election Commission notifies the elected official that the recall process has begun. The elected official then has 20 days to provide a defense statement explaining in 60 words or less why they should not be recalled. Once the Election Commission receives the defense statement, or the 20 day time period has expired, the petition pages with the recall statement and defense statement (if submitted) will be created.

Petition

• Principal circulator has 20 days after being notified by the Election Commission that the petition pages are available to pick up
• Principal circulator has 30 days, from the date the petition pages were issued, to gather and submit signatures to the Election Commission
• Qualified Petition Signers
• The petition signers must be registered voters of the same political district as the elected official whose recall is being sought
• Required Number of Signatures.
• If one candidate was elected in the last general election and the political subdivision is not a village, then the number of signatures required must be at least 35 percent of the number of votes cast in the most recent general election for that office.
• If more than one candidate was elected in the last general election and the political subdivision is not a village, then the number of signatures required must be at least 35 percent of the number of votes cast in the most recent general election for the person receiving the most votes for that office.
• If the political subdivision is a village, then the number of signatures required must be at least 45 percent of the number of votes cast in the most recent general election for the person receiving the most votes for that office.

Signature Verification

• The Election Commission has 15 business days to determine whether there are a sufficient number of signatures to hold a recall election.
• If there are sufficient signatures, the elected official may resign from office if notification is given at least twenty-four days prior to the election, otherwise a recall election will be held.
• If there are not sufficient signatures to force a recall election, the elected official will remain in office; however, another recall petition may be filed as long as all other requirements are met.

Recall Election

• If a recall election needs to be held, it will be scheduled to occur between 50 and 80 days after the elected official has been notified that sufficient signatures have been gathered.
• If the political subdivision already has an election scheduled to occur within 90 days after the elected official has been notified, then the recall election will be held in conjunction with the previously scheduled election.
• If the elected official whose recall is sought resigns before the recall election is held, the political subdivision may cancel the recall election if they notify the Election Commission of the cancellation at least 24 days prior to the election, otherwise, the recall election will be held as scheduled.

Recall Election Results

• If the majority of votes are not in favor of recall, or the vote is tied, the elected official will remain in office until the end of their term (unless another recall attempt is successful in the future). Another recall attempt cannot be made for at least another 12 months after the recall election.
• If the majority of votes are in favor of recall, the elected official will be removed from office immediately following certification of the election unless the margin is equal to one percent or less. If the margin is equal to one percent or less, an automatic recount will be conducted following the certification of the election by the Election Commission unless the candidate states they do not wish the recount to take place. If the results of the recount do not change the outcome or the recount does not take place, then the elected official will be removed from office immediately following the recount certification.
• If there are vacancies in the offices of one-half or more of the members of any governing body at one time due to the recall of such members, a special election to fill such vacancies shall be conducted by the Election Commission as quickly as possible.
• The elected official who resigned or was recalled cannot be appointed to the political subdivision during the remainder of the vacated term.

Successful Recall Election

If the recall election is successful, the elected official is removed from office immediately following the election certification. The political subdivision is then required to appoint an eligible replacement to fill the vacated office.

• The recalled official cannot be appointed by the political subdivision after they have been recalled.
• If the Mayor of Omaha is recalled within the first two years of their term:
• The City Council, by a majority of votes, will elect an interim mayor within 30 days of being notified of the vacancy. The City Council President will serve as Acting Mayor until an interim mayor is selected.
• A member of the City Council may be elected as the interim mayor and maintain their city council seat.
• A qualified registered voter within the City of Omaha may also be elected by the City Council to serve as the interim mayor.
• The interim mayor will serve until a new mayor is elected via a special City of Omaha Election.
• The City Council will schedule a City of Omaha Special Election to elect a new mayor.
• If there is already a county-wide election scheduled to occur between 90 and 150 days after notification of the vacancy, then the special election will be held in conjunction with the previously scheduled election.
• If there is no previously scheduled county-wide election, the City Council will designate a date to hold the special election between 90 and 150 days from the notice of the vacancy.
• A qualified candidate will be chosen by Omaha voters at the special election to serve as the new mayor.
• A City Council member elected to be the new mayor shall not continue as a member of the City Council.
• If the candidate receives more than 50% of the vote during the special election, that candidate shall be elected as Mayor for the remainder of the unexpired term.
• If no candidate receives more than 50% of the vote during the special election, then the top two candidates shall be the only candidates whose names are printed on the ballot at a special runoff election held on a date designated by the City Council.
• If the Mayor of Omaha is recalled during their last two years of office:
• The City Council, by a majority of votes, will elect a new mayor within 30 days of being notified of the vacancy. The City Council President will serve as Acting Mayor until a new mayor is selected.
• A member of the City Council may be elected as the new mayor.
• A City Council member elected to be the new mayor shall not continue as a member of the City Council.
• A qualified registered voter within the City of Omaha may also be elected by the City Council to serve as the new mayor.