A Chelan County judge will decide whether a proposed recall of Spokane Mayor David Condon can move forward.

The Spokane County Prosecutor’s Office has submitted ballot language for the potential recall, which would need the judge’s approval as well as nearly 13,000 signatures of Spokane voters to make the ballot.

State law requires that a Superior Court judge determine if the allegations made in a recall petition constitute “malfeasance or misfeasance” before it can move forward.

Washington law defines the two terms as “any wrongful conduct that affects, interrupts, or interferes with the performance of official duty.” Malfeasance may also mean violation of other laws. Recalls can also occur if it’s determined the subject violated his or her oath of office.

Chelan County Superior Court Judge T.W. “Chip” Small will preside over the hearing in Spokane County on Sept. 12. Small had a hand in the previous successful recall of former Spokane Mayor Jim West, throwing out a legal challenge of the signatures supporting the recall effort.

The Spokane County Prosecutor’s Office submitted the ballot wording on Monday, and copies were sent to recall supporters and Condon’s office.

If Small rules in favor of David Green, who filed the recall petition, Green will need to collect 12,925 signatures of registered Spokane voters within 180 days for the recall to reach voters.

Green’s petition for a recall cites a report on the handling of former police Chief Frank Straub’s ouster as well as Condon’s decision to promote Craig Meidl as police chief outside the process Condon had created to choose Straub’s replacement.

Condon, in a statement after the recall was filed earlier this month, called the complaint “frivolous and politically motivated.” He has denied he or his employees acted with intent to influence his re-election in delaying the release of public records related to complaints about Straub.