2-16-622. Resignation of officer -- proclamation of election. (1) If the officer named in the petition for recall submits his resignation in writing, it shall be accepted and become effective the day it is offered. The vacancy created by such resignation shall be filled as provided by law, provided that the officer named in the petition for recall may not be appointed to fill such 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, a special election shall be called unless the filing is within 90 days of a general election, in which case the question shall be placed on a separate ballot at the same time as the general election.
     (2) The call of a special election shall 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.