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Chapter 3 Election and Recall
Chapter 4 (Deleted)
Section 9 Recall
Paragraph 3 Voting and Ballot Counting for Recall
Article 87
The recall vote shall be held within twenty to sixty days after the established recall is declared. If other votes or elections are to be held during this same period, voting for all shall take place at the same time. If the person subject to recall is also a candidate for election, within sixty days after the establish recall is declared, the recall shall be held as a separate vote.
If the person subject to recall dies, leaves office, or resigns before election day, the election commission shall issue public notice of the termination of the recall.
Article 88
On the ballots for recall shall be printed two columns, “Agree to Recall” and “Do Not Agree to Recall”, and the voter shall use the voting marker prepared by the election commission to make their selection.
After the selection is made, the voter shall not show the ballot to others.
Article 89
The provisions set forth in this Act that govern voters, the list of qualified voters, voting, and ballot counting shall apply mutatis mutandis to the voters, the list of voters, and voting and ballot counting for a recall.
Article 90
A recall proposal shall be adopted when the number of ballots that agree with the recall are greater than the number of ballots that do not agree with the recall, and the number of ballots that agree with the recall number one-quarter or greater of the total number of voters in that electoral district.
If the number of valid ballots that disagree with the recall are greater than the number of valid ballots that agree with the recall or the quota specified in the preceding paragraph is not met, the recall shall be rejected.
Article 91
Within seven days after the polls for the recall vote have closed, the Central Election Commission shall issue public notice to announce the result of the vote. If the recall proposal is adopted, the person subject to recall shall be removed from office on the day the public notice is issued.
If the recall proposal specified in the preceding paragraph is adopted, a by-election shall be held according to relevant provisions, and voting for by-election shall be completed within three months from the day the result of the recall vote is announced. However, if a recall lawsuit is filed, the by-election shall not be held until after the judicial proceeding ends.
Article 92
If a recall proposal is adopted, the person subject to recall shall not be permitted to be a candidate for the same public office in the same electoral district within four years from the day they are removed from office; this shall also apply to a person who resigns during the recall process.
If a recall proposal is rejected, no more recall proposals shall be raised against the same person within the term of office of the aforesaid person.