Green v. Osborne

Our Constitution specifically provides when a recall election shall be held. Ariz. Const. Art. 8 pt. 1 § 3 provides:

If he [the officer being recalled] shall not resign within five days after a Recall Petition is filed as provided by law, a *368special election shall be ordered to be held as provided by law, to determine whether such officer shall be recalled.

The duty to order a recall election is based upon the determination of the sufficiency of the recall petitions and is mandatory. Abbey v. Green, 28 Ariz. 53, 59, 235 P. 150, 153 (1925). In this ease, Governor Evan Mecham did not resign and an…