§ 8-103. Recall.
A. Grounds for Recall – Osage Nation Congress, Executive, and Other Nonjudicial Elected Officials. The grounds for recall of an officer other than a Judge are:
1. Serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office; or
2. Conviction, during the term of office, of a felony; or
3. Conviction, during the term of office, of a misdemeanor involving moral turpitude.
B. Grounds for Recall – Judiciary. Pursuant to Article XI, Section 8 of the Constitution, the grounds for recall of a judicial officer shall be established by the Osage Nation Supreme Court.
C. Recall Elections – Proximity to End of Term. A recall election may not occur less than six months before the end of an officer’s term.
D. Application. A person or organization intending to file a petition for recall of an elected official shall, before receiving said petition forms, file with the Board an application provided by the Board. The application must also bear the signatures of one hundred (100) qualified voters. The application may then be submitted to the Office. Applications must also meet the requirements set forth by Section 8-105 of this Title.
E. Application Certification. Upon receipt of the application, the Office shall:
1. Certify or deny the application according to the required provisions of subsection (D) of this section. Denial of certification shall be subject to judicial review.
2. Consult with the Osage Nation Attorney General, or his or her designee, to prepare a recall petition.
3. Shall file the certified application and the recall petition with the Osage Nation Supreme Court within five business days after certifying the application. The Osage Nation Supreme Court shall review the recall petition to determine if the facts alleged in the recall petition are true and are sufficient grounds for issuing a recall petition.
4. Shall authorize circulation of a recall petition by the sponsor or sponsors.
F. Signature Requirements and Time Limitations. The circulated petitions must be filed within ninety (90) calendar days of delivery of the petitions to the sponsors, or the petition shall be void. If signed by qualified voters who are equal in number to at least fifteen percent (15%) of the electorate, the petition may be filed. Petitions must also meet the requirements set forth by Section 8-105 of this Title.
G. Certification of Petition. The Office shall undertake reasonable and prudent measures to determine the validity of the signatures on any filed petition. If the Office finds the petition in proper form with the necessary number of valid signatures, he or she shall certify the petition.
H. Election. The recall election shall be held within ninety (90) calendar days, subject to the provisions of subsection (C) of this section. If an official who is the subject of a recall petition resigns after the petition is filed, the election shall be canceled upon receipt of his or her resignation by the Board. An officer who is removed from office by recall or who resigns from office after a petition for recall is certified may not be appointed to fill the vacancy created. ONCA 17-107, eff. Oct. 4, 2017.