SAN DIEGO (CBS 8) - A major push is underway to recall mayor Filner, but what will it take for voters to have a say? Well, there is one councilman concerned about the rules and says he wants to change them.
City officials are now preparing for the increasingly likely scenario of a legitimate recall effort against Filner.
Two people now have come forward saying they plan to file the paperwork and that comes with its own challenges. But the big issue here is if current city code will even allow for a recall election to go through.
"He's got to deal with these demons on his own time and not on the tax payers dime."
Councilman Mark Kersey has already called for Filner to resign over potentially costly sexual harassment allegations that are pinned to the mayor. Now he's trying to make sure the mayor can't cost the city any more money as a plaintiff.
"In at least one case, our laws at the local level are no constitutional which could leave the city open to lawsuits that frankly we know we would lose," said Kersey.
In a memo to Council President Todd Gloria, Kersey calls for a change to the city's municipal code regarding recall elections. The one line in question reads: "no vote cast for a candidate shall be counted unless the voter has also voted on the recall question."
City Attorney Jan Goldsmith echoed Kersey's concern in a separate report saying the section limits basic voting rights:
"I want to make sure that our rules for actually handling a recall election or conducting one are clear and in conformance with state law should any of that develop."
Friday, longtime Filner supporter Stampp Corbin took the first official step in starting a recall election by having this notice of intent published in the Union Tribune.
And standing in the mayor's lobby - political activist Michael Pallamary vowed to make sure a recall election develops quickly if Filner doesn't resign by Monday.
A recall effort needs slightly fewer than 102,000 signatures within a 39-day period to actually lead to a recall election.
Right now it's unclear whether both recall petitions would be able to be circulated at the same time but if an effort fails, Filner's critics will have to wait six months before trying to oust him again.
According to the city clerk, recall petitions may be circulated three weeks after a notice of intention is published.