2-16-622. Resignation of officer -- proclamation of election. (1) If the officer named in the petition for recall submits a resignation in writing, it must be accepted and become effective 72 hours after it is offered. The vacancy created by the resignation must be filled as provided by law. However, the officer named in the petition for recall may not be appointed to fill the vacancy. If the officer named in the petition for recall refuses to resign or does not resign within 5 days after the petition is filed, an election must be held. If the recall petition was filed between 145 days and 90 days before a general election, the recall election must held at the same time as the general election. If the recall petition was filed more than 145 days or less than 90 days before a general election, a special election must be called.
(2) The call of a special election must be made by the governor in the case of a state or state-district officer or by the board or officer empowered by law to call special elections for a political subdivision in the case of any officer of a political subdivision of the state.
History: En. Sec. 13, I.M. No. 73, approved November 2, 1976; amd. Sec. 10, Ch. 364, L. 1977; R.C.M. 1947, 59-624; amd. Sec. 116, Ch. 61, L. 2007; amd. Sec. 11, Ch. 49, L. 2015.
Structure Montana Code Annotated
Title 2. Government Structure and Administration
2-16-603. Officers subject to recall -- grounds for recall
2-16-604. through 2-16-610 reserved
2-16-611. Method of removal cumulative
2-16-612. Persons qualified to petition -- penalty for false signatures
2-16-613. Limitations on recall petitions
2-16-614. Number of electors required for recall petition
2-16-615. Filing of recall petitions -- mandamus for refusal
2-16-616. Form of recall petition
2-16-617. Form of circulation sheets
2-16-619. Submission of circulation sheets -- certification of signatures
2-16-620. County clerk to verify signatures
2-16-621. Notification to officer -- statement of justification
2-16-622. Resignation of officer -- proclamation of election
2-16-623. through 2-16-630 reserved
2-16-631. Notice of recall election
2-16-632. Conduct of special elections
2-16-634. Expenses of election
2-16-635. Officer to remain in office until results declared -- filling of vacancy