Possible recall agitators may face an even higher hurdle to ousting an elected official than the byzantine process of carrying out a recall election: A key component of the city’s election code likely wouldn’t hold up in court.
The recall of an official is a two-stage process: First, residents vote on whether a specific official should be recalled. Then there’s another vote on who should replace the ousted politician.
The city’s Municipal Code, which lays out the rules for the process, contains what could be a key flaw. Chapter 2, Article 7, Section 27.2726 of the law, states, under a heading “Validity of Votes Cast,” “No vote cast for a candidate shall be counted unless the voter also voted on the recall question.”