Bill: Draft Recalls Act

[Julia_]

A
BILL
To

Amend the Constitution of Aventura​

BE IT ENACTED by the Mayor and Council of Aventura:

1 - Short Title and Enactment
(1) This Act may be cited as the 'Recalls Act .'
(2) This Act shall be enacted immediately upon its passage.
(3) This Act has been sponsored by Julia Tempest.

2 - Reasons
(1) Voters must have the power to recall public officials when they have clearly breached their mandate.
(2) Recalls are much more feasible in smaller communities such as Aventura.

3 - Amendment
(1) Article III of the Constitution of Aventura is amended as follows:
"

Article III – Elections and Recalls​

[...]

Section IV - Recall Referendums
(1) Any officer of the Town of Aventura may be removed through a recall referendum.
(2) A recall referendum may be initiated through a recall petition which shall require signatures from ten (10) valid voters who meet the voting requirements established in Article III, Section II(3).
(3) Once a valid recall petition has been submitted to the Office of Administration, the federal Department of State shall be informed to begin and administer the recall process.
(4) A recall referendum shall be conducted as follows:

• The voting period shall last for 48 hours;
• The eligibility of voters shall be governed by Article III, Section II(3); and
• The ballot shall ask "Should [officer name] be removed from office? Yes/No"

(5) A recall referendum shall succeed if two-thirds of the number of all individuals who voted in the previous Mayoral election vote in favour of the recall.
(6) Upon certification of the results by the federal Department of State, the officer's office shall formally be declared vacant and shall be filled in accordance with this Constitution.
(7) If a recall referendum fails, a recall referendum may not be initiated against that official for a period of sixty (60) days.
"